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馬來(lái)西亞1983食品法規(guī)-展示頁(yè)

2025-01-06 15:47本頁(yè)面
  

【正文】 ome, leaf, stalk, inflorescene, bud, shoot, flowers, fruit and seed, or an extract thereof.PART IIADMINISTRATION AND ENFORCEMENTSection 3 Appointment of Analysts and Authorised Officers (1) The Minister may appoint such number of analysts as he may consider necessary for the purposes of this Act and may make regulations concerning their qualifications, conduct and duties, and shall prepare or cause to be prepared a list of appointed analysts and revise it as the circumstances may require. (2) The Minister may appoint such number of authorised officers as he may consider necessary for the purpose of this Act and every authorised officer shall be issued with a Certificate of Authorisation which certificate shall in any legal proceedings under this Act be admissible in evidence and shall be prima facie evidence of the facts so certified. (3) The Minister may, in relation to any matter which appears to him to affect the general interests of the consumer, authorise any public officer to procure for analysis samples of any food, and thereupon that officer shall have all the powers of an authorised officer under this Act, and this Act shall apply as if the officer was an authorised officer. (4) The analysts and authorised officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code.Section 4 Power of Authorised Officer (1) An authorised officer may, at any hour reasonable for the proper and better performance of his duty (a) enter any premises where he believes any food to which this Act applies is prepared, preserved, packaged, stored, conveyed, distributed or sold, examine any such food and take samples thereof, and examine anything that he believes is used, or capable of being used for such preparation, preservation, packaging, storing, conveying, distribution or sale。 (c) open and examine any package which he believes contains any food to which this Act applies。 (e) demand the production of the National Registration Identity Card, the Business Registration Certificate or any other relevant document which the authorised officer may require。 or (g) mark, seal or otherwise secure, weigh, count or measure any food or appliance, the preparation, preservation, packaging, storage, conveyance, distribution or sale of which is or appears to be contrary to this Act. (2) An authorised officer acting under this section shall, if so required, produce his Certificate of Authorisation. (3) Any owner, occupier or person in charge of any premises entered by any authorised officer pursuant to paragraph (a) of subsection (1), or any person found therein, who does not give to the authorised officer all reasonable assistance in his power or furnish him with all the information as he may reasonably require, mits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both. (4) Any person who obstructs or impedes any authorised officer in the course of his duty or prevents or attempts to prevent the execution by the authorised officer of his duty mits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both. (5) An authorised officer may arrest without warrant any person whom he has reason to believe to have mitted an offence under this Act or any regulation made thereunder if the person fails to furnish his name and address or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond: Provided that when any person has been arrested as aforesaid he shall thereafter be dealt with as provided by the Criminal Procedure Code. (6) Any person who knowingly makes any false or misleading statement either verbally or in writing to any officer engaged in carrying out his duty mits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both. (7) An authorised officer shall release any food seized by him when he is satisfied that all the provisions of the Act with respect to it have been plied. (8) Where an authorised officer has seized any food and the owner or the person in whose possession the food was at the time of seizure consents in writing to its destruction, the food may be destroyed or otherwise disposed of as the authorised officer may direct and if the owner or the person does not consent to the destruction of the food, the authorised officer may apply to a court for the destruction or disposal of the food and the court may make an order as it may deem fit, notwithstanding that the owner or the person has not been convicted of any offence in connection with the food. (9) Where an authorised officer has seized any food which is perishable in nature and the owner or the person in whose possession the food was at the time of seizure does not consent in writing to its destruction, the responsibility for the proper storage of such food so as to prevent it from deterioration, spoilage, damage or theft, pending judgement by the court, lies with the owner or such person. (10) Where any food has been seized and detained under paragraph (f) of subsection (1) and the owner thereof has been convicted of an offence the food may be destroyed or otherwise disposed of as the court may direct. (11) Notwithstanding any other provisions of this section an authorised officer may destroy any food
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