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V (Holding out as registered chemist and restrictions pertaining to…
V
Holding out as registered chemist and restrictions pertaining to chemical analysis
Only individuals registered under this Act may practice or present themselves as a registered chemist.
It is prohibited to advertise oneself as a registered chemist without proper registration.
Unauthorized persons cannot use or display the term "registered chemist" or its equivalents in any language.
Prohibition on Analysis: No person may conduct, certify, or declare results of a chemical analysis for public consumption unless they meet specific qualifications.
Qualified Individuals:
Must be a registered chemist.
Must be authorized under Section 23A and act in the course of employment.
A registered pharmacist can perform analyses for food, medical, or pharmaceutical products, including cosmetics.
Supervised Employees: Employees may conduct analyses if supervised by a registered chemist or pharmacist, specifically for food, medical, or pharmaceutical products.
Offense for Non-Compliance: Individuals who violate subsections (1) or (2) are committing an offense.
Penalties for Subsequent Offenses: For second and subsequent offenses, penalties increase to:
Imprisonment for up to two years
A fine up to RM50,000
Both.
Penalties for First Offense: Upon conviction, penalties include:
A fine up to RM10,000,
Imprisonment for up to one year,
Both.
Functions of Investigation Committee and Disciplinary Committee
The Investigation Committee reviews complaints against members and refers justified cases to the Disciplinary Committee.
The Disciplinary Committee may then apply disciplinary actions as per the rules if deemed appropriate.
Appeal against decision of Disciplinary Committee
Members dissatisfied with a Disciplinary Committee decision can appeal to the High Court within 21 days of receiving the decision.
The appeal process will follow similar procedures to those for civil matters appealed from subordinate courts.
Authorization pertaining to chemical analysis
Council Authorization: The Council may authorize individuals under subsection 23(2) if they apply within three months from the appointed date.
Eligibility Requirements: Applicants must demonstrate that, immediately before the appointed date, they had:
A degree or equivalent qualification in chemistry or a related discipline from an approved institution (excluding those listed in the Second Schedule).
A government-recognized qualification or formal recognition accepted for performing chemical analyses.
Appointment of Investigation Committee and Disciplinary Committee
After each annual general meeting, the Council appoints two committees: an Investigation Committee (3 members, quorum of 2) and a Disciplinary Committee (5 members, quorum of 3)
Members of the Disciplinary Committee cannot serve on the Investigation Committee.