LAWS OF MALAYSIA  
 
 
Act 698  
 
 
FEED ACT 2009  
 
 
 
 
 
 
 
 
 
Date of Royal Assent  … … ... 19 August 2009  
Date of publication in the  Gazette  ... …  3 September 
2009  
 
 
 
 
 
 LAWS OF MALAYSIA  
Act 698  
FEED ACT 2009  
 
ARRANGEMENT OF 
SECTIONS  
PART I 
PRELIMINARY  
Section  
1.   Short title, application and commencement  
2.  Interpretation  
PART II 
THE FEED BOARD  
3.   Establishment of the Feed Board  
4.   Functions and powers of the Board  
5. Committees  
6.   Delegation of functions and powers of the Board  
7.   Power of Minister to give directions  
8.   Meetings of the Board  
PART III 
LICENSING  
9.   Prohibition on importation of feed and feed additive  
10.   Application and issuance of licence  
11.   Refusal to issue licence  
12.   Renewal of licence  
13.   Licence not transferable  
14.   Suspension or revocation of licence  
15.   Appeal to Minister  
16.   Power of court to order revocation of licence  
PART IV 
FEED SPECIFICATIONS AND CONDITIONS FOR PROPER KEEPING,  
STORING,  PACKAGING, LABELLING AND TRANSPORTING  
17.   Compliance with spec ifications  
18.  Compliance with conditions for proper keeping, storing, 
packaging, labelling and transporting  
 PART V 
CONTROL OF USE OF ANTIBIOTICS, HORMONES AND OTHER 
CHEMICALS  
Section  
19.   Manner and levels of inclusion  
20.   Possession of feed or feed additive containing antibiotics, etc. 
PART VI 
ENFORCEMENT  
21.  Authorized officer  
22.  Authority card  
23.   Power of arrest  
24.   Search and seizure with warrant  
25.   Search and seizure without warrant  
26.    Power to enter premises  
27.   Access to computerized data  
28.    Power to stop, search and seize conveyances  
29.   List of things seized  
30.   Power of investigation  
31.  Authorized officer may seek assistance to examine things 
relating to  offence  
32.   Power to take sample  
33.   Designation o f laboratories  
34.   Appointment of analysts  
35.   Certificate of analysis  
36.   Examination or testing of seized feed or feed additive  
37.   No costs or damages arising from seizure to be recoverable  
38.   Power of the Board to require information on feed  or feed 
additive  
39.   Release or disposal of feed, feed additive, etc.  
40.   Forfeiture or release of feed, etc. seized  
PART VII 
GENERAL  
41.   Offence by partner, agent or servant  
42.   Offence by body corporate  
43.   Failure to comply with lawful order  
44.   Information and informer not to be disclosed  
45.   Protection against legal proceedings  Section  
46.   Compounding of offences  
47.   Giving or making false information or statement  
48.   Interference with official marks  
49.   Obstruction of authori zed officers in the execution of their duties  
50.  Secrecy  
51.   Jurisdiction to try offences  
52.  Prosecution  
53.   Power to make regulations  
54.  Transitional provisions  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 LAWS OF MALAYSIA  
Act 698  
FEED ACT 2009  
 
An Act to establish the Feed Board, to regulate feed 
quality by  controlling the importation, ma nufacture, sale 
and use of feed and feed additive, to ensure that feed 
satisfies nutritional requirement  of animals, is not harmful 
to animals and is not contaminated so  that animals and 
animal products are safe for human consumption  and 
other usage, and for other matters incidental thereto.  
 [ 1 January 2010.  ] 
P.U. (B) 580/200 9 
ENACTED  by the Parliament of Malaysia as follows:  
PART I 
PRELIMINARY  
Short title, application and commencement  
1.  (1) This Act may be cited as the Feed Act 2009 . 
     (2)  This Act applies only to Peninsular Malaysia and the Federal Territory 
of Labuan.  
     (3)  This Act comes into operation on a date to be appointed  by the 
Minister by notificat ion in the Gazette, and the Minister may appoint different 
dates for the coming into operation of different provisions of this Act.  
 
Interpretation  
2.  In this Act, unless the context otherwise requires — 
“antibiotic” means a substance produced by a micro -organism or any 
other product produced wholly or partially by  chemical synthesis and which in  
low concentration inhibits the growth of or kills micro -organisms, and used for 
the purpose  of growth stimulation and prevention of diseases;  
“chemical” includes  an antioxidant, preservative, binding agent, 
colouring substance, flavouring agent and non -antibiotic medicament;  
  “feed additive” means any added ingredient including micro -organism 
and enzyme not normally consumed as feed by itself, whether or not it has 
nutritive value, which affects the characteristics of feed or animal products;  
“package” means anything in which or by which any feed or feed 
additive  is encased, covered, closed or contained;  
“prescribed” means prescribed by the Minister by order or  regulations 
made under this Act;  
“animal” means — 
(a) any mammal other than human;  (b)  any aquatic animal and includes fish, mollusc and 
crustacea;  
(c)   any amphibian;  
(d)   any reptile;  
(e)   any bird and includes chicken, duck, quail and ostrich; 
and 
(f)   any insect,  
kept in captivity or under control for any purpose of human usage;  
“hormone” means a chemical substance derived from an endocrine 
gland or through synthetic processing that has a specific effect on tissues;  
“analyst” means a qualified  person appointed by the Minister under 
section 34;  
“label” means any written, printed or graphic matter describing the 
contents of any feed on the package or otherwise on the feed, or 
accompanying the feed;  
“Board” means the Feed Board established under s ection 3;  
“feed” means any single or multiple material whether processed, semi -
processed or raw, which is intended to be fed to animals;  
“Minister” means the Minister charged with the responsibility for 
agriculture and agro -based industry;  
“authorized  officer” means a public officer authorized by the Minister 
under section 21;  
“manufacture” in relation to feed, means to formulate, prepare, 
compound, mix, make, pack, label or to treat the feed with a view to its sale or 
for own use but does not include a bona fide research or experiment relating 
to feed and any action forming part of or incidental to such research or 
experiment;  
“conveyance” means any vehicle, vessel, ship, aircraft or any other 
mode of transport whether by air, sea or land;  
“sale” inclu des barter or supply under integrated contract farming 
arrangement.  
PART II 
THE FEED BOARD  
 
Establishment of the Feed Board  
3.(1) A body to be known as the Feed Board shall be established and shall 
consist of the following members:  
(a) the Director General  of Veterinary Services, who shall be the 
Chairman;  
(b)   a senior officer of the M inistry of Agriculture and Agro -Based 
Industry appointed by the Minister;  (c)   a senior officer of the Department of Agriculture appointed by 
the Minister;  
(d)   a senior o fficer of the Department of Fisheries appointed by the 
Minister;  
(e)   a senior officer of the Department of Veterinary Services 
appointed by the Minister;  
(f)  a senior officer of the National Fisheries Development Authority 
appointed by the Minister;  
(g)   the Director of Pharmaceutical Services, Ministry of Health, or 
his representative;  
(h)   the Director of Food Safety and Quality Division, Ministry of 
Health, or his representative;  
(i)  a senior officer of the Malaysian Agricultural Research and 
Devel opment Institute appointed by the Minister;    
(j) the Director General of the Department of Chemistry Malaysia, 
or his representative;  
(k)  a senior officer from an institution of higher learning appointed 
by the Minister;  
(l)   the Director General of the Department of Standards, or his 
representative;  
(m)  the Director of the Department of Veterinary Services and 
Animal Industry Sabah, who shall be an ex -officio member; and  
(n) the Senior Assistant Director of Veterinary of the Dep artment of 
Agriculture Sarawak, who shall be an ex -officio member.  
     (2) The Minister shall appoint a senior officer of the Department  of 
Veterinary Services to be the Secretary to the Board.  
     (3)  Subject to such conditions as may be specified in h is instrument of 
appointment, a member of the Board appointed by the Minister shall, unless 
he sooner resigns or vacates his office or his appointment is sooner revoked, 
hold office for a term not exceeding three years and such member is eligible 
for reapp ointment.  
     (4)  The Minister may, in respect of each member appointed by him, 
appoint an alternate member to attend, in place of that member, meetings of 
the Board in the event that member is for any reason unable to attend.  
    (5)  When attending mee tings of the Board, an alternate member shall, for 
all purposes, be deemed to be a member of the Board.  
 
Functions and powers of the Board  
4.  (1) The functions of the Board shall be as follows:  
(a)   to administer, enforce and ensure the effective impleme ntatio n 
of this Act;  (b)  to advise the Minister in the making of regulations under this 
Act; 
(c)   distributing, utilizing and importing of feed and feed additive; and  
(e)   to implement quality and safety assurance programmes for feed.  
     (2)  The Board shall have the powers to do all things expedient or 
reasonably necessary for or in connection with or incidental to the 
performance of its functions.  
     (3)  Without prejudice to the generality of subsection (2), the Board shall 
have the power — 
(a)   to conduct surveys and investigations in respect of the feed 
industry;  
(b)   to require any person dealing in feed or feed additive to submit 
reports;  
(c) to regulate the importation of feed and feed additive; and  
(d) to prevent any fraudulent actions i n connection with the 
manufacture, supply and sale of feed and feed additive.  
 
Committees  
5.  The Board may establish commi ttees, which consist of persons who are 
not members of the Board, to advise and assist the Board in the performance 
of its functions and the exercise of its powers.  
 
Delegation of functions and powers of the Board  
6.   The Board may, subject to such conditions and restrictions as it may 
impose, delegate to a committee established under section 5 or to any public 
officer, any of its func tions and powers other than this power of delegation.  
 
Power of Minister to give directions  
7.   The Minister may, from time to time, give directions to the Board 
consistent with the provisions of this Act and the Board shall give effect to all 
such direct ions.  
 
Meetings of the Board  
8.  (1)  The Board shall meet at such time and place as the Chairman may 
determine.  
     (2)  At any meeting of the Board, six members shall form a quorum.  
     (3)  The Chairman shall preside at all meetings of the Board.  
     (4) If the Chairman is not present at a meeting of the Board, the members 
present shall elect one of them to preside over the meeting.       (5) The Chairman or other member presiding at a meeting shall have a 
deliberative vote and shall, in the event of  an equality of votes, have a casting 
vote.  
     (6)  The Board may invite any person to attend any meeting of the Board, 
but that person has no right to vote at the meeting.  
     (7)  Subject to this section, the Board may regulate its own procedure.  
 
PART III 
LICENSING  
Prohibition on importation of feed and feed additive  
9.  (1) No person shall import any feed or feed additive unless he possesses a 
valid licence under this Act.  
     (2)  Notwithstanding subsection (1), the Minister may, by order published  in 
the Gazette, prohibit either absolutely or conditionally, the importation, from 
any country or territory or any part of any country or territory, of any feed or 
feed additive that is likely to convey diseases or to affect the health of animals 
or human s or both.  
     (3)  Any person who imports any feed or feed additive without a licence or 
in contravention of an order by the Minister under subsection (2) commits an 
offence and shall, on conviction, be liable to a fine not exceeding one hundred 
thousand  ringgit or to imprisonment for a term not exceeding two years or to 
both and for a second or subsequent offence, to a fine not exceeding two 
hundred thousand ringgit or to imprisonment for a term not e xceeding four 
years or to both.  
 
Application and issua nce of licence  
10.(1) An application for a licence to import feed or feed additive shall be 
made to the Board — 
(a)   in the manner as may be determined by the Board; and  
(b)   by submitting together with the application any information, 
particulars or documents as may be required by the Board.  
     (2) Where an application for a licence is approved, the licence shall be 
issued in the name of the applicant upon payment of the presc ribed fee and 
the Board may impose such terms and conditions as it may deem necessary.  
     (3)  A licence issued under this section shall, unless suspended or revoked, 
be valid for a term expiring not later than the end of the calendar year in which 
it commences, and shall terminate at the expiry of that term.  
 
Refusal to issue licence  
11.  The Board shall not issue a licence to import feed or feed additive under 
this Act — (a)  if the country of origin from which the feed or feed additive is to 
be imported is unknown;  
(b)   if the specification for the feed or feed additive is not provided or 
does not comply with the prescribed specifications;  
(c)  if the Board has reasonable groun ds to believe that the feed or 
feed additive to be imported is contaminated or is likely to 
convey diseases and cause ill -health to animals or humans; or  
(d)  if any other licence or certificate necessary for importation as 
required under any other written  law has not been obtained.  
Renewal of licence  
12. (1) A licensee may apply for a renewal of licence not later than thirty days 
before the date of expiry of the licence — 
(a)   in the manner as may be determined by the Board; and  
(b)   by submitting togethe r with the application any information, 
particulars or documents as may be required by the Board.  
      (2) When an application for a renewal of licence is approved by the Board, 
the licence shall be renewed upon payment of the prescribed fee and the 
Board  may vary the terms and conditions of the licence or impose additional 
terms and conditions.  
      (3) The Board may refuse to renew a licence if the licensee — 
(a)  has failed to comply with any of the provisions of this Act or any 
regulations made under t his Act; or   
(b)  has failed to comply with any term or condition of the licence.  
 
Licence not transferable  
13. (1) A licence to import feed or feed additive issued under this Act shall not 
be transferable.  
     (2)  Any person who contravenes subsection ( 1) or any person who uses a 
licence of another person commits an offence and shall, on conviction, be 
liable to a fine not exceeding ten thousand ringgit or to imprisonment for a 
term not exceeding three months or to both, and for a second or subsequent 
offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for 
a term not exceeding six months or to both.  
 
Suspension or revocation of licence  
14.(1) The Board may suspend or revoke a licence to import feed or feed 
additive under any of the  following circumstances:  
(a)   the licensee has failed to comply with any of the provisions of 
this Act or any regulations made under this Act;  
(b)  the licensee has failed to comply with any term or condition  of 
the licence;  
(c)  the licensee has imprope rly or illegally obtained the licence; or  (d)  there has been any act or omission by the licensee or there has 
been a change of circumstances such that the licensee would 
no longer be entitled to be granted a licence under this Act.  
     (2)  Before the Bo ard makes a decision under subsection (1), the Board 
shall give the licensee — 
(a)  a written notice of the intention to suspend or revoke the licence; 
and 
(b) an opportunity to make written representation within a period 
specified in the written notice whi ch shall not be less than 
fourteen days from the date of the notice.  
     (3) The Board shall, after considering the representation made by the 
licensee under subsection (2), if any, decide whether to suspend the licence 
for any period or to revoke the lic ence.  
     (4) The Board shall give the licensee a written notice of its decision under 
subsection (3) as soon as practicable.  
    (5) If a licence is suspended under subsection (3), the Board may require 
the licensee to remedy the breach or the contravent ion within the time 
specified in the notice issued under subsection (4) and if the Board considers 
necessary, it may impose additional terms and conditions on the licence.  
    (6) If the Board is satisfied that the licensee fails to remedy the breach or 
contravention within the specified time or the licensee has breached the 
additional terms and conditions under subsection (5), or the breach or 
contravention continues after the licence is suspended under subsection (3), 
the Board shall revoke the licence.  
     (7) A licensee whose licence is — 
(a)   suspended or revoked shall not be entitled to any compensation 
for any loss suffered by him as a consequence of the 
suspension or revocation of the licence under this Act; and  
(b)   revoked shall not be entitled t o any refund of the prescribed fee 
paid under section 10 or 12.  
 
Appeal to Minister  
15. (1) Any person aggrieved by the refusal of the Board to issue or renew 
any licence, or by the suspension or revocation of any licence, may appeal to 
the Minister in the prescribed manner against such refusal, suspension or 
revocation within thirty days fr om the date of such refusal, suspension or 
revocation.  
     (2)  The Minister may, after considering the appeal, make such order as he 
deems fit and that order shall be final.  
 
Power of court to order revocation of licence  
16. (1) Where any person is convi cted of an offence under this Act, the court 
may, in addition to the penalty that it may impose, order his licence to be 
revoked.        (2) Where any person to whom a licence has been issued under this Act is 
convicted of a second or subsequent offence und er this Act, the court may, in 
addition to the penalty that may be imposed, direct that such person be 
disqualified from holding a licence under this Act for a period not exceeding 
five years as the court may specify.  
     (3) Any person who obtains or att empts to obtain a licence while he is 
disqualified under subsection (2) commits an offence and shall, on conviction, 
be liable to a fine not exceeding five thousand ringgit or to imprisonment for a 
term not exceeding one month or to both and for a second o r subsequent 
offence, to a fine not exceeding ten thousand ringgit or to imprisonment for a 
term not exceeding three months or to both.  
PART IV 
FEED SPECIFICATIONS AND CONDITIONS FOR PROPER KEEPING,  
STORING, PACKAGING, LABELLING AND TRANSPORTING  
 
Compliance with specifications  
17.(1) All feeds imported, manufactured, distributed, possessed, sold or 
utilized for the feeding of animals shall comply with the prescribed feed 
specifications.  
     (2)  Any person who contravenes subsection (1) commits an offence and 
shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to 
imprisonment for a term not exceeding one year or to both, and for a second 
or subsequent offence, to a fi ne not exceeding one hundred thousand ringgit 
or to imprisonment  
for a term not exceeding two years or to both.  
 
Compliance with conditions for proper keeping, storing, packaging, 
labelling and transporting  
18.(1) All feeds or feed additives kept, stored , packaged, labelled or 
transported shall comply with the prescribed conditions for proper keeping, 
storing, packaging, labelling and transporting of feed or feed additives.  
   (2) Any person who contravenes subsection (1) commits an  offence and 
shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to 
imprisonment for a term not exceeding one year or to both, and for a second 
or subsequent offence, to a fine not exceeding one hundred thousand ringgit 
or to imprisonment for a term  not exceeding two years or to both.  
 
PART V 
CONTROL OF USE OF ANTIBIOTICS, HORMONES AND OTHER   
CHEMICALS  
Manner and levels of inclusion  
19.(1) No person shall — (a) incorporate any antibiotic, hormone or other chemical into feed; 
or 
(b) introduce  any antibiotic, hormone or other chemical directly or 
through a medium into animals,   
unless in accordance with the prescribed manner and at the prescribed level.  
     (2)  Any person who contravenes subsection (1) commits an offence and 
shall, on convic tion, be liable to a fine not exceeding one hundred thousand 
ringgit or to imprisonment for a term not exceeding two years or to both, and 
for a second or subsequent offence, to a fine not exceeding two hundred 
thousand ringgit or to imprisonment for a ter m not exceeding four years or to 
both.  
     (3)  Notwithstanding subsection (1), any antibiotic, hormone or other 
chemical may be incorporated into feed or introduced directly or through 
medium into animals, at a level higher than the prescribed level if prescribed 
as such by a veterinary surgeon in writ ing and only for the purpose of 
treatment, control or eradication of disease.  
     (4) For the purpose of this section, a veterinary surgeon means a 
veterinary surgeon as defined in the Veterinary Surgeons Act 1974 [ Act 147 ].  
 
Possession of feed or feed additive containing antibiotics,  etc. 
20. (1) No person shall possess any feed or feed additive which contains 
antibiotics, hormones or other chemicals the addition of which are not 
permitted under this Act or any regulations made under this Act.  
     (2)  Any person who contravenes subsection (1) commits an offence and 
shall, on conviction, be liable to a fine not exceeding one hundred thousand 
ringgit or to imprisonment for a term not exceeding two years or to both, and 
for a second or subsequent offe nce, to a fine not exceeding two hundred 
thousand ringgit or to imprisonment for a term not exceeding four years or to 
both.  
PART VI 
ENFORCEMENT  
Authorized officer  
21.(1) The Minister may appoint in writing such number of public officers to be 
authorized  officers as he thinks necessary for the purpose of this Act.  
     (2)  An authorized officer may exercise all powers vested in him under this 
Act or any regulations made under this Act.  
 
Authority card  
22.(1) There shall be issued to each authorized offic er an authority card to be 
signed by the Chairman of the Board.   
     (2) Whenever an authorized officer exercises any of the powers under this 
Act or any regulations made under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card 
issued to him under subsection (1).  
 
Power of arrest  
23.(1) An authorized officer may arrest without warrant any person who 
commits or attempts to commit, or whom the authorized officer reasonably 
suspects of committing o r attempting to commit, any offence under this Act or 
any regulations made under this Act if such person refuses to furnish his 
name or address or furnishes an address out of Malaysia or there are 
reasonable grounds for believing that he has furnished a fa lse name or 
address or that he is likely to abscond.  
      (2) Where any person is arrested under subsection (1), he shall thereafter 
be dealt with as provided by the Criminal Procedure Code [ Act 593 ]. 
 
 
Search and seizure with warrant  
24.(1) If it appears  to a Magistrate, upon written information on oath from an 
authorized officer and after such inquiry as the Magistrate considers 
necessary, that there is reasonable cause to believe that — 
(a)   any premises has been used for or are about to be used for; or  
(b)  there is in any premises evidence necessary to the conduct of 
an investigation into,  
the commission of an offence under this Act or any regulations made under 
this Act, the Magistrate may issue a warrant authorizing any authorized officer 
named therein, at any reasonable time by day or by night and with or without 
assistance, to enter the premises and if need be by force.  
     (2) A warrant issued under subsection (1) may authorize the authorized 
officer to — 
(a)   search the premises, and seize a ny feed, feed additive, 
receptacle, package, conveyance, contrivance, book, document 
or other thing that is reasonably believed to furnish evidence of 
the commission of such offence;   
(b)   take samples of any feed, feed additive or thing found in the 
premises for the purposes of ascertaining by testing or 
otherwise, whether the offence has been committed; and 
(c)   make copies of or take extracts from any book, record, 
document or other thing found in the premises.  
     (3) An authorized officer entering any premises under this section may 
take with him such other persons and equipment as may appear to him to be 
necessary.  
     (4)  An authorized officer may, in the exercise of his powers under this 
section, if it is necessary so to do — (a)  break open any  outer or inner door of the premises or any fence, 
enclosure, gate or other obstruction to the premises, in order to 
effect entry into the premises;  
(b)  remove by force any obstruction to entry, search, seizure and 
removal as he is empowered to effect und er this section; and  
(c)  detain any person found in the premises until the search has 
been completed.  
  (5) Where by reason of its nature, size or amount, it is not practicable to 
remove any feed, feed additive, receptacle, package, conveyance, book, 
docu ment or other thing seized under this section, the authorized officer shall 
seal the  conveyance, container or premises in which such feed, feed additive, 
receptacle, package, book, document or other thing is found.  
 
Search and seizure without warrant  
25.  Whenever an authorized officer has reasonable cause to believe that any 
feed, feed additive, receptacle, package, conveyance, book, document or 
other thing in respect of which an offence has been committed is likely to be 
found in or on any place, premis es, person or conveyance and that by reason 
of delay in obtaining a warrant under section 24 the object of the search may 
be frustrated, he may, without warrant, with such assistance and force as is 
necessary — 
(a)   enter and search such place or premises;  
(b)   stop and search such person or conveyance; and  
(c)   seize any feed, feed additive, receptacle, package, conveyance, 
book, document or other thing which may be found and may be 
evidence of the commission of such offence.  
 
Power to enter premises  
26.  Notwithstanding sections 24 and 25, an authorized officer may at any 
time enter any premises for the purpose of — 
(a)   inspecting any feed, feed additive, receptacle, package, 
conveyance, book, document or other thing as he considers 
necessary;  
(b)   verifying the accuracy of records or statement or any information 
given to an authorized officer; or  
(c)   collecting samples of any feed, feed additive or other substance 
found in the premises for the purpose of ascertaining, by testing 
or otherwise, whether  an offence has been committed.  
 
Access to computerized data  
27.(1) Any authorized officer conducting a search under this Act shall be 
given access to computerized data whether stored in a computer or 
otherwise.       (2) For the purpose of this section, the authorized officer shall be provided 
with the necessary password, encryption code, decryption code, software or 
hardware or any other means required for his access to enable the 
comprehension of the computerized data.  
 
Power to stop, search and seize conveyances  
28. (1) If an authorized officer has reasonable cause to suspect that any 
conveyance is carrying any feed, feed additive, receptacle, package, book, 
document or other thing in respect of which an offence under t his Act or any 
regulations made under this Act, is being or has been committed, he may stop 
and examine the conveyance and may, if on examination he has reasonable 
cause to believe that such conveyance is or has been used for the 
commission of such offence , seize the conveyance and any feed, feed 
additive, receptacle, package, book, document or other thing found in the 
conveyance that is reasonably believed to furnish evidence of the commission 
of such offence.  
      (2) The person in control or in charge o f the conveyance shall, if required 
to do so by the authorized officer — 
(a)   stop the conveyance and allow the authorized officer to examine 
it; and  
(b)   open all parts of the conveyance for examination and take all 
measures necessary to enable or facilitate the carrying out of 
such examination as the authorized officer considers necessary.  
  (3) Any person who contravenes subsection (2) commits an offence and 
shall, on conviction, be liable to a fine not exceeding ten thousa nd ringgit or to 
imprisonment for a term not exceeding three months or to both.  
 
List of things seized  
29.  (1) Where any seizure is made under this Act, the authorized officer 
making the seizure shall prepare a list of feed, feed additive, receptacle, 
package, conveyance, book, document or other thing seized and of the 
premises in which it is found and shall sign the list.  
      (2) The list prepared in accordance with subsection (1) shall be delivered 
immediately to — 
(a)   the occupant of the premises whe re the feed, feed additive, 
receptacle, package, book, document or other thing seized is 
found; and  
(b)   the person in control or in charge of the conveyance, where the 
seizure is made under section 28.  
     (3)  Where the seizure is made in or from any p remises which is 
unoccupied, the authorized officer shall whenever possible post a list of the 
things seized conspicuously at the premises.  
      (4) Where the feed, feed additive, receptacle, package, conveyance, book, 
document or other thing is seized ot herwise than in or from any premises, the 
authorized officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the feed, feed additive, 
receptacle, package, conveyance, book, document or other t hing seized by 
delivering a copy of such notice to the owner in person or by post at his place 
of business or residence.  
      (5) A notice under subsection (4) need not be given if the seizure is made 
from the owner, in the presence of the owner or with t he knowledge of the 
owner.  
 
Power of investigation  
30.(1) An authorized officer shall have all the powers necessary to carry out 
an investigation of the commission of an offence under this Act or any 
regulations made under this Act.  
     (2) For the purpos e of subsection (1), the Criminal Procedure Code shall 
apply and an authorized officer shall have all the powers as provided for 
under the Criminal Procedure Code.  
 
Authorized officer may seek assistance to examine things relating to 
offence  
31.  An auth orized officer may seek the assistance of any person to examine 
any feed, feed additive, receptacle, package, conveyance, book, document or 
other thing seized or detained under this Act if such person has the necessary 
qualification to examine such feed, f eed additive, receptacle, package, 
conveyance, book, document or other thing for the purposes of an 
investigation under this Act.  
 
Power to take sample  
32. (1) An authorized officer may demand, select, take or obtain samples of 
any feed or feed additive for the purposes of analysis without payment from 
any person importing, manufacturing, distributing, selling, utilizing or having 
possession of such feed or feed additive or his or its agent or servant from 
whom the feed or feed additive is procured.  
      (2) The procedure for taking and dealing with the samples shall be as 
prescribed.  
 
Designation of laboratories  
33. The Minister may designate laboratories as he considers necessary for 
the purpose of this Act.  
 
Appointment of analysts  
34. The Minister may  appoint any qualified person to be an analyst for the 
purpose of carrying out an analysis under this Act.  
 Certificate of analysis  
35.(1) A certificate of analysis signed by an analyst shall, on production by the 
Public Prosecutor in any trial under this  Act, be sufficient evidence of the facts 
stated in the certificate unless the accused requires that the analyst be called 
as a witness, in which case he shall give a written notice to the Public 
Prosecutor not less than three clear days before the commenc ement of the 
trial. 
     (2) Where the Public Prosecutor intends to give in evidence any certificate 
referred to in subsection (1) he shall deliver a copy of such certificate to the 
accused not less than ten clear days before the commencement of the trial.  
 
Examination or testing of seized feed or feed additive  
36.(1) When any feed or feed additive is seized under this Act, it shall be 
sufficient to open and examine five per centum only of each description of the 
package or receptacle in which such feed or feed additive is contained.  
     (2)  If it is necessary to test any feed or feed additive seized under this Act, 
it shall be sufficient to test only a sample not exceeding five per centum in 
volume or weight of the feed or feed additive examined under sub section (1).  
     (3)  The court shall presume that the feed or feed additive contained in 
unopened packages or receptacles is of the same nature, quantity and quality 
as those found in the similar packages or receptacles which have been 
opened.  
 
No costs or damages arising from seizure to be recoverable  
37. No person shall, in any proceedings before any court in respect of the 
seizure of any feed, feed additive, receptacle, package, conveyance, book, 
document or other thing seized in the exercise or the pu rported exercise of 
any power conferred by this Act, be entitled to the costs of such proceedings 
or to any damages or other relief unless such seizure was made without 
reasonable cause.  
 
Power of the Board to require information on feed or feed additive  
38.(1) The Board may require any person undertaking any activity involving 
feed or feed additive to furnish to the Board, within the time specified in a 
notice, any information relating to the feed or feed additive.  
     (2)  Any person who fails to furnish the information as may be required by 
the Board under subsection (1) commits an offence and shall, on conviction, 
be liable to a fine not exceeding ten thousand ringgit or imprisonment for a 
term not exceeding three months or to both.  
 
Release or d isposal of feed, feed additive, etc. 
39.(1) Where any feed, feed additive, receptacle, package, conveyance, 
book, documen t or other thing has been seized under this Act, an authorized 
officer may — (a)   release the receptacle, package, conveyance, book, document 
or other thing seized to the owner or to the person from whose 
possession, custody or control it was seized, or to such person 
as the authorized officer may consider entitled to it, subject to 
such terms and conditions as the authorized officer may impose, 
and subject, in any case, to sufficient security being furnished to 
the satisfaction of the authorized officer that the receptacle, 
package, conveyance, book, document or other thing seized 
shall be surrendered to the authorized officer on demand being 
made by the authorized officer and that the said terms and 
conditions, if any, shall be complied with;  
(b)   release the feed, feed additive, receptacle, package, 
conveyance, book, document or othe r thing to the owner or to 
the person from whose possession, custody or control it was 
seized, or to such person as the authorized officer may consider 
entitled to it, with liberty for the person to whom the same is so 
released to dispose of the same, subj ect to such terms and 
conditions as the authorized officer may impose, and subject, in 
any case, to sufficient security being furnished to the satisfaction 
of the authorized officer in an amount not less than an amount 
which in the opinion of the authorize d officer represents — 
(i)  the open market value of the feed, feed additive, 
receptacle, package, conveyance, book, document or 
other thing on the date on which it is so released;  
(ii)    the customs duty payable in respect thereof, if any; and  
(iii)   the tax payable in respect thereof under any written law, 
if any, for the payment of the amount so secured to the 
Board in the event of the Court making an order for the 
forfeiture of such amount under this Act; or  
(c)   sell or destroy, as appropriate in the circumstances, the feed, 
feed additive, receptacle, package or other thing, which, in the 
opinion of the authorized officer is of a perishable nature or likely 
to speedily deteriorate in quality or value, and where it is so 
sold, the authorized officer  shall hold the proceeds of sale to 
abide the result of any prosecution or claim.  
  (2)  Any person who — 
(a)    fails to surrender on demand to an authorized officer any 
receptacle, package, conveyance, book or document or other 
thing released to him under  paragraph (1)(a); or  
(b)   fails to comply with or contravenes any of the terms or 
conditions imposed under paragraph (1)(a) or  (b),  
commits  an offence and shall, on conviction, be liable to a fine not exceeding 
ten thousand ringgit or to imprisonment for a term not exceeding three months 
or to both.  
      (3) The criminal liability of a person under subsection (2) shall be in 
addition to any  other liability that the person or any other person may incur 
under the terms and conditions relating to the release of any receptacle, package, conveyance, book, document or other thing under paragraph (1)(a) 
or any feed, feed additive, receptacle, packa ge, conveyance, book, document 
or other thing under paragraph (1)(b).  
 
Forfei ture or release of feed, etc. seized  
40.(1) Any feed, feed additive, receptacle, package, conveyance,  book, 
document or other thing seized in exercise of any power under this Act shall 
be liable to forfeiture.  
     (2) An order for the forfeiture of the feed, feed additive, receptacle, 
package, conveyance, book, document or other thing seized shall be made if 
it is proved to the satisfaction of the court that an offence under this Act has 
been committed and that the feed, feed additive, receptacle, package, 
conveyance, book, document or other thing seized was the subject -matter of 
or was used in the commission of the offence, even though no person has 
been convicted of such offence.  
     (3) If there is no prosecution with regard to any feed, feed additive, 
receptacle, package, conveyance, book, document or other thing seized 
under this Act, such feed, feed additive, receptacle, package, conveyance, 
book, document or other thing shal l be taken and deemed to be forfeited at 
the expiration of a period of thirty days from the date of service of a notice to 
the last -known address of the person from whom the feed, feed additive, 
receptacle, package, conveyance, book, document or other thin g was seized 
indicating that there is no prosecution in respect of such feed, feed additive, 
receptacle, package, conveyance, book, document or other thing unless 
before the expiration of that period a claim thereto is made in the manner set 
out in subsect ions (4), (5), (6) and (7).  
     (4)  Any person asserting that he is the owner of the feed, feed additive, 
receptacle, package, conveyance, book, document or other thing referred to 
in subsection (3) and that it is not liable to forfeiture may personally or by his 
agent authorized in writing, give a written notice to the authorized officer in 
whose custody such feed, feed additive, receptacle, package, conveyance, 
book, document or other thing is held that he claims the feed, feed additive, 
receptacle, pac kage, conveyance, book, document or other thing.  
     (5)  On receipt of the notice referred to in subsection (4), the authorized 
officer shall refer the claim to a Magistrate for his decision.  
     (6) The Magistrate to whom a matter is referred under sub section (5) shall 
issue a summons requiring the person asserting that he is the owner of the 
feed, feed additive, receptacle, package, conveyance, book, document or 
other thing and the person from whom it was seized to appear before him, 
and when they appe ar or they fail to appear, due service of the summons 
having been proved, the Magistrate shall proceed to the examination of the 
matter.  
     (7)  If it is proved that an offence under this Act has been committed and 
that the feed, feed additive, receptacl e, package, conveyance, book, 
document or other thing referred to in subsection (6) was the subject -matter of 
or was used in the commission of such offence, the Magistrate shall order the 
feed, feed additive, receptacle, package, conveyance, book, document  or other thing to be forfeited, and shall, in the absence of such proof, order its 
release.  
     (8) Any feed, feed additive, receptacle, package, conveyance, book, 
document or other thing forfeited or deemed to be forfeited shall be delivered 
to the auth orized officer and shall be disposed of in accordance with the 
direction of the Board.  
 
PART VII 
GENERAL  
Offence by partner, agent or servant  
41.  Any person who would have been liable to any penalty under this Act 
or any regulations made under this Act for any act, omission, neglect or 
default, if the act, omission, neglect or default is committed by him personally 
shall be liable to the same penalty if the act, omission, neglect or default was 
committed by his partner, agent or servant unless he proves — 
(a)   that the act, omission, neglect or default was committed without 
his knowledge, consent or connivance; and  
(b)   that he took all reasonable precautions and had exercised due 
diligence to prevent the act, omission, neglect or default.  
 
Offence by bo dy corporate  
42.  Where a body corporate commits an offence under this Act or  any 
regulations made under this Act, any person who at the time of the 
commission of the offence was a director, chief executive officer, manager, 
secretary or other similar off icer of the body corporate or was purporting to act 
in any such capacity or was in any manner or to any extent responsible for the 
management of any of the affairs of the body corporate or was assisting in 
such management shall, as well as the body corpora te, be deemed to have 
committed that offence unless he proves that the offence was committed 
without his knowledge, consent or connivance and that he had taken all 
reasonable precautions and had exercised due diligence to prevent the 
commission of the offe nce. 
 
Failure to comply with lawful order  
43.  Any person who fails to comply with any written order issued by the 
Minister or the Board or any authorized officer commits an offence and shall, 
on conviction, be liable to a fine not exceeding five thousand ringgit or to 
imprisonment for a term not exceeding one month or to both, and for a second 
or subsequent offence, to a fine not exceeding ten thousand ringgit or to 
imprisonment for a term not exceeding three months or to both.  
 
Information and informer no t to be disclosed  
44.(1) Except as provided in this section, no witness in any civil or criminal 
proceedings pursuant to this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the 
information r eceived from him or state any matter which might lead to his 
discovery.  
    (2) If a book or document which is in evidence or is liable to inspection in 
any civil or criminal proceedings contains any entry which might lead to his 
discovery, the court shall  cause all such entries to be concealed from view or 
to be obliterated so far as may be necessary to protect the informer from 
discovery.  
    (3)  If in a trial for an offence under this Act the court, after full inquiry into 
the case, is of the opinion th at the informer willfully made in his complaint a 
material statement which he knew or believed to be false or did not believe to 
be true, or if in any other proceedings the court is of the opinion that justice 
cannot be fully done between the parties to th e proceedings without the 
discovery of the informer, it shall be lawful for the court to require the 
production of the original complaint, if in writing, and permit an inquiry and 
require full disclosure concerning the informer.  
 
Protection against legal p roceedings  
45. No action or prosecution shall be brought, instituted or maintained in 
any court against — 
(a)   any member of the Board, analyst or any authorized officer for 
or on account of or in respect of any act ordered or done for the 
purpose of carrying into effect of this  Act; and  
(b)   any other person for or an account of or in respect of any act 
done or purported to be done by him under the order, direction 
or instruction of the Minister, the Board or any officer duly 
authorized under this Ac t,  
if the act was done in good faith and in a reasonable belief that it was 
necessary for the purpose intended to be served by it.  
 
Compounding of offences  
46.(1) The authorized officer may, with the consent of the Public Prosecutor, 
compound any offence committed by any person under this Act or regulations 
made under it and prescribed by the Minister to be a compoundable offence 
by making a written offer to the person to compound the offence upon 
payment to the authorized officer of such amount not exceed ing fifty per 
centum of the amount of maximum fine for that offence within the period 
specified in the offer.  
     (2) An offer under subsection (1) may be made at any time after the 
offence has been committed, but before any prosecution for it has been 
instituted.  
      (3) If the amount specified in the offer is not paid within the period 
specified in the offer or within such extended period as the authorized officer 
may grant, prosecution for the offence may be instituted at any time after that 
against the person to whom the offer was made.        (4) If an offence has been compounded under subsection (1), no 
prosecution shall be instituted in respect of the offence against the person to 
whom the offer to compound was made and any feed, feed additive or t he 
proceeds of its sale, or any receptacle, package, conveyance, book, 
document or other thing seized in connection with the offence may be 
released or forfeited by the authorized officer in accordance with the terms 
and conditions of the compound.  
 
Givin g or making false information or statement  
47. Any person who gives information or makes a statement on the 
requirement of this Act, that is false in any material particular, unless he 
proves that he did not know and had no reason to suspect that the infor mation 
or statement is false and had taken all reasonable steps to ascertain the truth 
of the information or statement, commits an offence and shall, on conviction, 
be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a 
term not ex ceeding three months or to both, and for a second or subsequent 
offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for 
a term not exceeding six months or to both.  
 
Interference with official marks  
48. Any person who without authori ty opens, alters, breaks, removes or 
erases any mark, fastening or seal placed by an authorized officer pursuant to 
the provisions of this Act upon any feed or feed additive, or upon any 
package, place, door or opening containing or affording access to the  feed or 
feed additive commits an offence and shall, on conviction, be liable to a fine 
not exceeding ten thousand ringgit or to imprisonment for a term not 
exceeding three months or to both, and for a second or subsequent offence, 
to a fine not exceeding twenty thousand ringgit or to imprisonment for a term 
not exceeding six months or to both.  
 
Obstruction of authorized officers in the execution of their duties  
49. Any person who obstructs or assaults any authorized officer in the 
execution of his duties u nder this Act commits an offence and shall, on 
conviction, be liable to a fine not exceeding ten thousand ringgit or to 
imprisonment for a term not exceeding three months or to both, and for a 
second or subsequent offence, to a fine not exceeding twenty th ousand ringgit 
or to imprisonment for a term not exceeding six months or to both.  
 
Secrecy  
50.(1) Except for the purposes of this Act or for the purposes of any criminal 
proceedings under this Act, no authorized officer shall disclose any 
information relating to any matter which has been obtained by him in the 
course of his duties and which is not published in any Gazette pursuant to this 
Act.      (2) Any authorized officer who knowingly contravenes subsection (1) 
commits an offence and shall, on conv iction, be liable to a fine not exceeding 
ten thousand ringgit or to imprisonment for a term not exceeding three months 
or to both, and for a second or subsequent offence, to a fine not exceeding 
twenty thousand ringgit or to imprisonment for a term not ex ceeding six 
months or to both.  
 
Jurisdiction to try offences  
51. Notwithstanding any written law to the contrary, a Magistrate Court 
shall have jurisdiction to try any offence under this Act , or any regulations 
made under this Act, and to impose full punis hment for any such offence.  
 
Prosecution  
52. No prosecution for an offence under this Act or any regulations made 
under this Act shall be instituted except by or with the written consent of the 
Public Prosecutor.  
 
Power to make regulations  
53.(1) The Mini ster may, after consulting the Board, make such regulations as 
may be necessary or expedient for the purpose of carrying into effect the 
provisions of this Act.  
     (2) In particular, and without prejudice to the generality of subsection (1), 
regulations may be made for the following purposes:  
(a)   to prescribe the analyst’s qualifications, conduct and duties;  
(b)  to prescribe all matters relating to application, renewal, 
suspension and revocation of licence to import feed or feed 
additive;  
(c)   to prescribe the terms, conditions and restrictions of licence to 
import feed or feed additive;  
(d)   to prescribe all matters relating to feed specifications and 
standards and make provisions for giving effect to such 
specifications and standards;  
(e)   to prescribe all matters relating to the transporting, storing, 
keeping, labelling and packaging of feed or feed additive;  
(f)   to prescribe all matters relating to the use of feed additive, 
antibiotics, hormones or other chemicals;  
(g)   to regulate the manufacture, sale, advertisement and use of 
feed or feed additive;  
(h)   to prescribe the method of analysis of feed and the form of 
certificate of analysis;  
(i)   to designate laboratories and provide for its functions;  
(j)   to prescribe the fees payable under this Act;  (k)   to prescribe the offences which may be compounded; and  
(l)   to provide for such other matters as are contemplated by, or 
necessary for giving full effect to, the provisions of this Act and 
for their due administrati on. 
     (3) The regulations made under subsection (2) may prescribe any act in 
contravention of the regulations to be an offence and may prescribe penalties 
of a fine not exceeding ten thousand ringgit or imprisonment for a term not 
exceeding two years or  both for such offence.  
 
Transitional provisions  
54.(1) Any person who, on the date of the coming into operation of this Act, 
has been importing feed or feed additive and intends to continue importing 
feed or feed additive shall, within six months from the  date of the coming into 
operation of this Act, apply for a licence under section 10.  
     (2) Upon receipt of an application under subsection (1) the Board shall 
issue an acknowledgement of receipt to such person.  
     (3)  Where an application for a lice nce is refused, the Board shall send a 
notice to the applicant notifying the applicant of the refusal and the notice 
shall also direct the applicant to cease to carry out the importation of feed or 
feed additive within the  period specified in the notice.  
     (4)  Any person referred to in subsection (1) who is aggrieved by the 
decision of the Board in refusing to issue a licence to import feed or feed 
additive may appeal to the Minister under section 15.  
     (5)  Any person referred to in subsection (1) m ay continue to undertake 
such activity pending determination of his application for a licence or of his 
appeal to the Minister.  
 
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