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OFFENCES AND EVIDENCE (13 (13A:Food unfit for human consumption (13A(1)…
OFFENCES AND
EVIDENCE
12A
Meaning of “owner of the rights of the
manufacturer or packer”
Foreign manufactured
product
Locally manufactured/packed food
13
13A:Food unfit for human consumption
13A(1)
person who prepares or sells any food that consists
diseased, filthy, decomposed or putrid animal
any portion of an animal unfit for food
the product of an animal which has died otherwise
than by slaughter or as game, whether manufactured or not, commits
13A(2)
Any person who prepares or sells any food
13 A (3) fine not exceeding thirty thousand
13 B
aldulterated food
not permitted by this Act or any regulations made under this Act
greater proportion of any substance than is permitted
ower commercial value than such food in a pure, normal or specified state and in an undeteriorated and sound condition
not comply with the standard or specification prescribed by any regulations made under this Act
the nutritive or other beneficial properties of the food are less than those of the food in its specified state
package, and the contents of the package as originally packed have been removed in whole or in part and other contents have been placed in the package.
diminishes in any manner its nutritive or other beneficial properties
mixed, coloured, powdered, coated, stained, prepared or otherwise treated in a manner whereby damage or inferiority may be concealed
13 C
Removal of food from food premises
Any food is found to reasonably suspected to have contravened any provision of this Act or any regulations made under this Act, the Director or any authorized officer authorized by the Director may, by notice in writing, order any of the persons in section 24 to recall, remove, or withdraw from sale such food from any food premises within such time as may be specified in the notice.
14
Prohibition against the sale of food not of nature, substance or quality demanded
unless the contrary is proved, be deemed for the purpose of this section to have demanded food complying with the provisions of such regulations.
UNDER THIS ACT
contain provisions prescribing the standard of any food or the composition of, or prohibiting or restricting the addition of, any substance to any food
prescribed for
any food,
any person who prepares,
packages,
which does not comply with that standard, in such a manner that it is likely to be mistaken for food of the prescribed standard
labels or advertises any food
17
1.Any person who for the purpose of affecting or promoting the sale of any food, publishes or causes to be published, either on his own account or as the agent or servant of the person seeking to effect or promote the sale, any advertisement relating or likely to cause any person to believe that it relates to such food, or to any ingredient or constituent thereof
omits from the name or description of any food any word or words required by regulations made under this Act to be included in the name or description marked on or attached to such food
qualifies or is inconsistent with or contrary to any particulars required by regulations made under this Act to be marked on or attached to such food or marked on or attached to any package containing such food
(2) Any person who publishes or causes to be published any advertisement which does not contain a statement setting forth the true name of the person by whom or on whose behalf the advertisement is published and the address of his place of business or residence, commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both
16
Any person who prepares, packages, labels or sells any food in a manner that is false, misleading or deceptive as regards its
OR ANY REGULATION UNDER THIS
age or proportion
or safety, strength, purity, weight, origin,
merit
Quality
Composition
Character
Substance
Value
Nature
18
the court may, in addition to any other penalty which it may lawfully impose,
cancel any licence issued to such person under this Act
or any regulation made thereunder
if the convicted person or anything found with such
19
1 .any analyst having analysed of any food to
which this Act applies
appears that an offence under
this Act has been committed
authorized officer may, subject to section 377 of the Criminal Procedure Code and section 32A
has given a
certificate
take proceedings under this Act before any court having jurisdiction in the place where the food sold was actually delivered to the purchaser
2 .any food has been purchased or procured from any person for analysis or examination
no proceedings in respect of the sale thereof or of any offence against this Act shall be instituted after the expiration of one hundred and fifty days from the time of purchasing or procuring that food.
the contents of any package appearing to be intact and in the original state of packing by the manufacturer thereof shall be deemed unless the contrary is proved
.
20
analysis purporting to be signed by the analyst shall be accepted as prima facie evidence of the facts
party against whom it is produced may require the attendance of the analyst for the purpose of cross-examination
analyst has been given to the prosecution
three clear days before the trial
no such certificate of the analyst shall be received in evidence
unless the party intending to produce it has before the trial given notice to the party against whom it is intended to be produced
ten clear days of such intention together with a copy of the certificate.
21
a sample has been taken or procured in accordance with section 5 or dealt with under regulations made under that section
may where it is reasonably and technically practicable so to do
and on the request of either party to such proceedings order that the part of the sample retained by the authorized officer be submitted to another analyst for analysis
authorized officer is required to retain part of the sample for such purpose
22
Presumption of sale,etc.
any substance commonly used for human consumption which is found on premises used for the preparation, storage or sale of that substance and any substance commonly used in the manufacture of products for human consumption which is found on premises used for the preparation, storage or sale of those products, shall be presumed, until the contrary is proved
any substance commonly used for human consumption, which is sold or offered, exposed or kept for sale, shall be presumed, until the contrary is proved, to have been sold or, as the case may be, to be intended for sale for human consumption
23
a prosecution for selling any food contrary to the provisions of this Act or of any regulation made thereunder it shall be no defence that the defendant did not act wilfully
unless he also proves that he took all reasonable steps to ascertain that the sale of the food would not constitute an offence against this Act
against any regulation made thereunder.
23A
Advance notice of
expert evidence in court
25
(1) When any food is sold or exposed or offered for sale it shall, unless the contrary is proved, be deemed to be sold or exposed or offered for sale for human consumption
(2) The purchase and sale of a sample of food under the provisions of this Act for the purpose of analysis shall be deemed to be a purchase and sale of such food for human consumption unless the seller proves that the bulk from which such sample was taken was not offered, exposed, or intended for sale for human consumption.
every person shall be deemed to sell or to intend to sell any food if he sells or intends to sell for human consumption any food of which such food is a constituent
27
Any person who discloses any information obtained by him in connection with the administration or execution of this Act or any regulation made thereunder in relation to any manufacturing process or trade secret used in carrying on any particular trade
unless the disclosure was made for the purposes of this Act or of any criminal proceedings under this Act or with the consent of the person carrying on that trade, industry or process, commits an offence
liable on conviction to imprisonment for a term not exceeding five years or to fine or to both.
1A
shall be issued to the Director or any authorized officer
within ninety days from the date the food was sent for analysis
24
every person who
packages
shall be deemed to do so either on his own account or as the agent or servant of any otherperson
do by an agent or servant, his principal or employer shall be under the same liability as if he had effected the preparation, packaging, labelling, advertisement or sale personally.
labels
prepares
advertises or sells any food
26
No
presecutor
shall be compelled to produce any confidential report or document made or received by him in his official capacity or to make any statement in relation thereto
in any prosecution under this Act shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gives such information
witness
28
which there is a contravention of any provision of this Act or any regulations made under this Act is sold in an unopened package,
any person who appears from any statement appearing on the package or attached to the package to have imported or manufactured or prepared the food or to have enclosed it in such package, or to be the owner of the rights of the manufacturer or packer, or to be the agent of any of them, shall,
unless the contrary is proved
shall be liable to the same penalty as if he had actually sold the food in such package.
Court may order independent analysis
The court may order the party making the request to pay the costs of the analysis
Owns exclusive right to distribute/sell,
by licence, agreement or franchise from the foreign manufacture
has proprietary rights over the distribution
and sale of the food
Food containing substances injurious
to health
not exceeding eight years
ringgit or to
exceeding fifty thousand
Fine not
fine not
exceeding thirty
thousand ringgit or
to imprisonment for a
term not exceeding
five years or to both
contains or upon which there is any matter foreign to
the nature of such food, or is otherwise unfit for
human consumption, whether manufactured or not,
not exceeding five years or to both
to imprisonment for a term
Any person who prepares or sells any
food whether manufactured or not that is
enclosed in a sealed package and the
package is damaged and can no longer
ensure protection to its contents from
contamination or deterioration.
15
Imprisonment not exceeding three years or to fine or to both
Labelling not complying with the standard of food
false labelling
Power of court to order licence to be cancelled
and food to be disposed of
if had been offence under this Act, the court may order any food
of a similar nature belonging or
food be forfeited, and upon such order being made
such food or things may be disposed of as the court
directs.
Advertisment
Prosecutions
No defence that offence not wilfully committed
no expert evidence shall be received in evidence unless, within a period ending ten clear days before the trial
the person charged with the offence served on the prosecution notice in writing that he intends to adduce expert evidence
shall disclose in the notice the name of the expert and the nature of the expert evidence
shall also furnish a copy of any document that the expert proposes to adduce at the hearing
Sales agent the voice of customer
non-disclosure of information
Liability of importer, manufacturer, packer, etc