FOOD ACT 1983
Part I Preliminary
1 Short Title, Application and Commencement
(1) This Act may be cited as the Food Act 1983 and shall apply throughout Malaysia.
(2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint and the Minister may appoint different dates for the coming into force of this Act for different States in Malaysia or for different provisions of this Act.
2 Interpretation
In this Act, unless the context otherwise requires -
"advertisement" includes any representation by any means whatsoever for the purposes of promoting directly or indirectly the sale or other disposal of any food;
"analyst" means any analyst appointed under section 3;
"animal" includes any quadruped or bird either domesticated or otherwise, fish, reptile or insect; whole or part of which are used for human consumption;
"appliance" includes the whole or any part of any utensil, machinery, instrument, apparatus, or article used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of food;
"approved laboratory" means any laboratory approved by the Minister under section 3A;
"authorized officer" means any medical officer of health or any assistant environmental health officer of the Ministry of Health or of any local. authority, or any suitably qualified person, appointed by the Minister to be an authorized officer under section 3;
"compoundable offence" means an offence under this Act or any regulation made under this Act and prescribed to be a compoundable offence by regulations made under this Act;
"Director" means the Deputy Director General of Health (Public Health) of the Ministry of Health;
"Director General" means the Director General of Health of the Ministry of Health;
imported food"entertainment" includes any social or other form of gathering, amusement, festival, exhibition, performance, game, competition, sport or trial of skill;
"food" includes every article manufactured, sold or represented for use as food or drink for human consumption or which enters into or is used in the composition, preparation, preservation, of any food or drink and includes confectionery, chewing substances and any ingredient of such food, drink, confectionery or chewing substances;
"food premises" means premises for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food, or the relabelling, reprocessing or reconditioning of any food;
"import" means to bring or cause to be brought into Malaysia by land, water or air for the purpose of sale from any place outside Malaysia but does not include the bringing into Malaysia of any food which it is proved is intended to be taken out of Malaysia on the same
vehicle, vessel, or aircraft on which such food was brought into Malaysia without any transhipment or landing;
"importer" includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of, or is otherwise entitled to the custody or control, of the imported food;
"International Health Regulations" means the International Health Regulations as adopted by the World Health Assembly in 1969 and as amended from time to time;
"label" includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stenciled, marked, painted, embossed or impressed on, or attached to or included in, belonging to, or accompanying any food;
"medical examination" includes physical, micro-biological, chemical, serological. and radiological examination, and such examination may include the taking of specimen of any body fluid, tissue or waste product for examination or analysis;
"package" includes anything in which or any means by which food is wholly or partly cased, covered, enclosed, contained, placed or otherwise packed in any way whatsoever and includes any basket, pail, tray or receptacle of any kind whether opened or closed;
"premises" includes -
(a) any building or tent or any other structure, permanent or otherwise together with the land on which the building, tent or other structure is situated and any adjoining land used in connection therewith and any vechicle, conveyance, vessel or aircraft; and
(b) for the purposes of section 4 any street, open space or place of public resort or bicycle or any vehicle used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food;
“preparation” includes manufacture, packaging, processing and any form of treatment;
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