WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP!N!lIMYS!O!l 
23 November 2001 
(01-5958) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
MALAYSIA 
The present document reproduces the text! of the Trade Descriptions Act 1972 (Act 87), 
Regulations and Orders, as notified by Malaysia under Article 63.2 of the Agreement (see document 
IP/NllIMYSII). 
Conseil des aspects des droits de propl"iete 
inteUectueHe qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE VACCORD 
MALAISIE 
Le present document contient le texte! de la Loi de 1972 sur les designations commerciaJes 
(Loi nO 87) et de la reglementation et des ordonnances, notifiees par la Malaisie au titre de 
J'article 63:2 de l'Accord (voir Je document IPINII/MYS/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
lntelectual relacionados con el Comerdo 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
MALASIA 
En el presente documento se reproduce el texto1 de la Ley de Designaciones Comerciales 
de 1972 (Ley 87), Reglamentos y Ordenes, que Malasia notifieD de conformidad con 10 dispuesto en 
el parrafo 2 del articulo 63 del Acuerdo (vease el documento IPINII/MYSIl). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa Jangue d'origine, au Secretariat de l'OMC.!En ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idiom a original. IP/NIIIMYS/O/l 
Page 2 
TRADE DESCRI IONS 
ACT 1972 ( 87), 
REGULATIONS & ORDERS 
(AS AT 15TH AUGUST 1999) TRADE DESCRIPTIONS ACT, 1912 
(Act 87) 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINAR";. 
1. Short title, commencement and application. 
2. Interpretation. 
PART H 
PROHIBITION OF FALSE TRADE DESCRIPTIONS 
3. Prohibition of false trade descriptions. 
4. Trade descriptions. 
5. _ False trade description~. 
6. Applying a trade description to goods. 
7. Trade descriptions used in advertisements. 
7 A. Presumption of liability on advertisers, etc. 
8. Offer to supply. 
9. Trade marks containing trade descriptions. 
PART HI 
POWERS TO DEFINE TERMS AND TO REQUIRE 
INFORMATION TO BE GIVEN 
10. Definition orders. 
11. Marking orders. 
12. Information, etc., to be given in advertisements. 
13. Provisions supplementary to sections 11 and 12. 
PART IV 
MISSTATEMENTS OTHER THAN FALSE TRADE 
DESCRIPTIONS 
14. False and misleading indication as to price of goods. 
14A. Price deemed to include tax. IPINIl/MYS/O/1 
Page 3 
15. False n:presentation as to supply or approval of goods or services. 
lSA. False or misleading statements as to services, etc. 
16. Trade mark infringement and passing off action. IPINI liMY S/O/l 
Page 4 
PART V 
PROHIBITION OF IMPORTATION OF CERTAIN 
GOODS 
17. Prohibition of importation of goods bearing false indication of origin. 
PART VI 
PROHIBITION AS TO OFFENCES 
18. Penalty for offences. 
19. Time limit for prosecution. 
20. Offences by corporations. 
20A. Principal liable for acts of servant or agent. 
21. Abetting of offences committed abroad. 
21A. Compounding of offences. 
22. Taking of samples. 
PARTvn 
DEFENCES 
23. Offences due to fault of another person. 
24. Defence of mistake, accident, etc. 
25. Innocent publication of advertisement. 
PARTvm 
ENFORCEMENT 
26. Appointments of Controller, Deputy Controllers and Assistant Controllers. 
27. Power to make test purchases. 
28. Power to enter premises and inspect and seize goods and documents. 
28A. Statement to be admissible in evidence. 
28B. Power of arrest, investigation and prosecution. 
29. Obstruction of officers. 
30. Notice of test and intended prosecution. 
31. Exemption. PART IX 
MISCELLANEOUS AND SUPPLEMENTAL 
32. Forfeiture of goods. 
33. Goods seized may be delivered to owner or other person. 
34. No costs or damage arising from seizure to be recoverable. 35. Savings for civil rights. 
36. Country of origin. 
37. Market research experiments. 
38. Consultation prior to making of orders. 
38A. Power of Minister to make regulations. 
39. Repeal. 
FIRST SCHEDULE. 
SECOND SCHEDULE. fPIN/lIMYS/OIl 
Page 5 JP!N/l/MYS/Oll 
Page 6 
TRADE DESCRIPTIONS ACT, 1972* 
(Act 87) 
An Act to consolidate and amend the laws relating to merchandise 
marks with new provisions prohibiting misdescription of goods 
provided in the course of trade and false or misleading indications 
as to the price of goods to confer power to assign the meaning of 
any expression or indication used in relation to the prices of goods, 
charges or rates for services, accommodation or facilities and to 
regulate, control or prohibit the use thereof in the course of trade 
or business; to prohibit the making of false or misleading statements 
as to any services, accommodation or facilities provided in the course 
of a trade or business; to confer power to require information or 
instructions relating to goods to be marked on or to accompany 
the goods or to be included in advertisements; and for related 
purposes. 
[ 3.11.1972 ] 
BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka 
Baginda Yang di-Pertuan Agong with the advice and consent of 
the Dewan Negara and Dewan Ra' ayat in Parliament assembled, 
and by the authority of the same, as follows: 
PART I 
PRELIMINARY 
1. Short title, commencement an.d application. 
(1) This Act may be cited as the Trade Description.s Act, 1972, 
and shall come into force on such date as the Minister may by 
notification in the Gazette appoint 
(2) This Act shall apply to the whole of Malaysia. 
2. Interpretation. 
In the interpretation of this Act, in addition to the definitions 
contained in sections 4 to 8, unless the context otherwise 
reqmres-
"advertisement" includes every form of advertising (whether 
or not accompanied by or in association with spoken or 
written words or other writing or sounds and whether or not 
contained or issued in a publication) by the display of notices or 
by means of catalogues, price lists, circulars, labels, cards or other 
documents or materials or by the exhibition of films or of pictures or 
photographs, or by means of radio or television, or in any other way; 
*Enacted in 1950 as Merchandise Marks Ordinance 1950 (F.M. Ord. lOaf 1950). Revised ill 1972 
and published as Trade Descriptions Act 1972, Laws of Malaysia Act 87. As amended by Act A 539, 
A672 and A880. [Am. Act 
A 672J 
{Am. Act 
A 539J {IllS. Act 
A 880] 
{Ills. Act 
A539] 
(lIlS. Act 
A880] IPINIlIMYS/OI 1 
Page 7 
"Controller", "Deputy Controller" and "Assistant Controller" means 
respectively the Controller of Trade Descriptions, the Deputy Con­
troller of Trade Descriptions and the Assistant Controller of Trade 
Descriptions appointed under section 26; 
"goods" includes ships, aircraft, vehicles, animals, plants and 
growing crops and all kinds of movable property; 
"precious metal" means gold, silver or platinum in its fine form or 
gold, silver or platinum alloy; 
"premises" includes any place and any stall, vehicle, ship or 
aircraft; 
"publish", in relation to an advertisement, means to place the 
advertisement before the public or any member of the public by any 
means whatsoever, and "publication" shall be construed accordingly; 
"ship" includes any boat and any other description of vessel used 
in navigation; and 
"standard of fineness", in relation to articles made of precious 
metals, means the number of parts by weight of fine gold, silver or 
platinum in one thousand parts by weight of precious metal; 
"trade description order" means an order of the High Court made 
under section 16. 
PART IT 
PROHIBITION OF FALSE TRADE DESCRIPTIONS 
3. P:rohibition of false t:rade desc:riptions. 
(1) Any person who, in the course of a trade or business-
(a) applies a false trade description to any goods; or 
(b) supplies or offers to supply any goods to which a false trade 
description is applied, 
shall be guilty of an offence. 
(2) The terms used in this section and wherever else they occur in 
this Act shall be interpreted in accordance with the provisions of 
sections 4 to 8. 
4. T:rade descriptions. 
(1) A trade description is an indication, direct or indirect, and by 
whatever means given, of any of the following matters with respect 
to any goods or parts of goods, that is to say-
(a) nature or designation; 
(aa) quantity, size or gauge; IPINIIIMYS/O/l 
Page 8 
(b) method of manufacture, production, processing or recon­
ditioning; 
(C) composition; 
(d) fitness for purpose, strength, performance, behaviour or 
accuracy; 
(e) the standard of fineness of articles made of precious [Suhs. Act 
metals; A 880} 
if) any physical characteristics not included in the preceding 
paragraphs; 
(g) testing by any person and results thereof; 
(gg) quality otherwise than as specified in the preceding para­
graphs; 
(h) approval by any person or conformity with a type ap­
proved by any person; 
(i) place or date of manufacture, production, processing or 
reconditioning; 
(j) person by whom manufactured, produced, processed or 
reconditioned; 
(k) other history, including previous ownership or use . 
. (2) The matters specified in subsection (1) oftrus section shall be 
taken-
(a) in relation to any animal, to include sex, breed or cross, 
fertility and soundness; 
(b) in relation to any semen, to include the identity and charac­
teristics of the animal from which it was taken and measure 
of dilution. 
(3) In this section "quantity" includes length, width, height, area, 
volume, capacity, weight and number. 
(4) Where the application of any description is prohibited under 
the provisions of any of the laws specified in the First Schedule 
except where applied to goods which comply with the requirements 
of that law no such description applied in accordance with the 
requirements of that law shall be a false 
trade description, and the Minister may by order add to delete 
from amend or modify the First Schedule. ' 
(5) For the purposes of this Act, a trade description or state­
ment published in any newspaper, book or periodical or in 
any film or sound or television broadcast shall not be deem­
ed to be a trade description applied or a statement made in 
the course of a trade or business unless it is or forms part of 
an advertbement. 5. False trade descriptions. IPINIlIMYS/OI1 
Page 9 
(1) A false trade description is a trade description which 
is false to a material degree. 
(2) A trade description which, though not false, is 
misleading, that is to say, likely to be taken for such an in­
dication of any of the matters specified in section 4 as would 
be false to a material degree, shaH be deemed to be a false 
trade description. 
(3) Anything which, though not a trade description, is like­
ly to be taken for an indication of any of those matters and, 
as such an indication, would be false to a material degree, shaU­
be deemed to be false trade description. 
(4) A false indication, or anything likely to be taken as an 
indication which would be false, that any goods comply with 
a standard specified or recognised by any person or implied 
by the approval of any person shall be deemed to be a false 
trade description, if there is no such person or no standard 
so specified, recognised or implied. 
6. Applying a trade description to goods. 
(1) A person applies a trade description to goods if he­
(a) affixes or annexes it to or in any manner marks it 
on or incorporates it with-
(i) the goods themselves; or 
(ii) anything in, on or with which the goods are 
supplied; or 
(b) places the goods in, on or with anything which the 
trade description has been affixed or annexed to, 
marked on or incorporated with, or places any such 
thing with the goods; or 
(c) uses the trade description in any manner likely to 
be taken as referring to the goods. 
(2) . A!l oral statement may amount to the use of a trade descnptlOn. 
. (3) .where goods are supplied in pursuance of a request 
In WhICh a trade description is used and the circumstances 
are such ~s to make it reasonable to infer that the goods 
are suppbed as goods corresponding to that description 
the person supplying the goods shall be deemed to hav~ 
apphed that trade description to the goods. IPlNlllMYS/O/l 
Page ]0 
1. Trade descriptions used in advertisements. 
(1) The following provisions of this section shall have 
effect where in an advertisement a trade description is used 
in relation to any class of goods. 
(2) The trade description shall be taken as referring to 
an goods of the class, whether or not in existence at the 
time the advertisement is published-
(a) for the purpose of determining whether an offence 
has been committed under paragraph (a) of 
section 3 (1); and 
(b) where goods of the class are supplied or offered to 
be supplied by a person publishing or displaying 
the advertisement, also for the purpose of deter­
mining whether an offence ba,S been committed 
under paragraph (b) of section 3 0). 
(3) In determining for the purposes of this section 
whether any goods are of a class to which a trade descrip­
tion used in an advertisement relates regard shall be had 
not only to the form and content of the advertisement but 
also to the time, place, manner an-d frequency of its publica­
tion and all other matters making it likely or unlikely that 
a person to whom the goods ,are supplied would think of 
the goods as belonging to the class in relation to which the 
trade description is used in the advertisement. 
1 A. Presumption of liability on advertisers, etc. 
The following persons shall, unles§ the contrary is [Ins. Act 
proved, be deemed to have applied a trade description in A 539} 
any advertisement: 
(Q) the person who directly or indirectly offers to 
supply the goods or services; 
(b) the person on whose behalf the advertisement is 
made. 
8. Offer to supply. 
A person exposing goods for supply or having goods in 
his possession for supply shall be deemed to offer or supply 
them. 
9. Trade marks containing trade descriptions. 
A trade description which is.. or is contained in a trade 
mark within the meaning of any written law relating to 
trade marks or part of such a trade mark may be a false 
trade description when applied to any goods, except where 
all of the following conditions are satisfied-rPIN! lIMYS/OIl 
Page 11 
(a) that it could have been lawfully applied to the 
goods if this Act had not been passed; 
(b) that on the date of the publication of this Act the 
trade mark either is registered under the written law 
relating to trade marks or is in use to indicate a 
connection in the course of trade between such 
goods and the proprietor of the trade mark; 
(c) that the trade mark as applied is used to indicate 
such a connection between the goods and the 
proprietor of the trade mark or a person registered 
under the written law relating to trade marks as 
a registered user of the trade mark; and 
(d) that the person who is the proprietor of the trade 
mark is the same person as, or a successor in title 
of, the proprietor on the date of the publication of 
this Act. 
PART III 
POWERS TO DEFINE TERMS AND TO REQUIRE 
INFORMATION TO BE GIVEN 
*10.Definition orders. 
Where it appears to the Minister-
(a) that it would be in t~e interest of persons to whom 
any goods are supphed; or 
(b) that it would be in the interest of persons by whom 
any goods are exported and would not be contrary 
to the interest of persons to whom such goods are 
supplied in Malaysia, 
that any expressions used in relation to the goods should 
be understood as having definite meanings) the Minister 
may by order assign such meanings either-
(i) to those expressions when used in the course of 
trade or business as,. or as part of, a trade descrip­
tion applied to the goods; or 
(ii) to those expressions when so used in such circums-
tances as may be specified in the order, 
and where such a meaning is so assigned to an expression 
it shall be deemed for the purposes of this Act to have 
that meaning when used as mentioned in paragraph (i) or, 
as the case may be, paragraph (iD of this section. 
,. Trade Descriptions (Use of Expression "Halal") Order, 1975. See P.U. (A) 91 & 23711915. IPlN/1/MYS/O/1 
Page 12 
*11. Marking orders. 
(1) Where it appears to the Minister necessary or 
expedient in the interest of persons to whom any goods are 
supplied that the goods should be marked with or accomp 
panied by any information (whether or not amounting to or 
including a trade description) or instruction relating to the 
goods, the Minister may by order impose requirements for 
securing that the goods are so marked or accompanied, and 
regulate or prohibit the supply of goods with respect to 
which the requirements are not complied with; and the 
requirements may extend to the form and manner in which 
the information or instruction is to be given. 
(2) Where an order under this section is in force with 
respect to goods of any description, any person who, in 
the course of any trade or business, supplies or offers to 
supply goods of that description in contravention of the 
order shall be guilty of an offence. 
(3) An order under this section may make different 
provision for different circumstances and may, in the case 
of goods supplied in circumstances where the information 
or instruction required by the order would not be conveyed 
until after delivery, require the whole or part thereof to be 
3:180 displayed near the goods. 
12. Information etc., to be given in advertisements. 
(1) Where it appears to the Minister necessary or 
expedient in the interest of persons to whom any goods 
are to be supplied that any description of advertisements 
of the goods should contain or refer to any information 
(whether or not amounting to or including a trade 
description) relating to the goods the Minister may by 
order impose requirements as to the inclusion of that 
information, or of an indication of the means by which it 
may be obtained, in such description of advertisements of 
the goods as may be specified in the order. 
(2) An order under this section may specify the form and 
manner in which any such information or indication is to 
be included in advertisements of any description and may 
make different provision for different circumstances. 
(3) Where an advertisement of any goods to be supplied 
in the course of any trade or business fails to comply with 
any requirement imposed under this section, any person 
who publishes the advertisement shall be guilty of an 
offence . 
.. Trade Descriptions (Marking of food) Order. 1975. SeeP.U. (A) 298/1975. fPlNlllMYS/OIl 
Page 13 
13. Provisions supplementary to sections 11 and 12. 
(1) A requirement imposed by an order under section 
11 or section 12 in relation to any goods. shall not 
be confined to goods manufactured or produced in 
anyone country or anyone of a number of countries or to 
goods manufactured or produced outside anyone or more 
countries, unless-
(a) it is imposed with respect to a description of goods 
in the case of which the Minister is satisfied that 
the interest of persons in Malaysia to whom goods 
of that description are supplied will be sufficiently 
protected if the requirement is so confined; and 
(b) the Minister is satisfied that the order is compatible 
with the international obligations of Malaysia. 
(2) Where any requirements with respect to any goods 
are for the time being imposed by such an order and the 
Minister is satisfied, on the representation of persons appearing 
to the Minister to have a substantial interest in the matter, that 
greater hardship would be caused to such persons if the 
requirements continued to apply than is justified by the interest 
of persons to whom such goods are supplied, the power of the 
Minister to relax or discontinue the requirements by a further order 
may be exercised without the consultation and notice required by 
section 38 (2). 
PART IV 
MISSTATEMENTS OTHER THAN FALSE TRADE 
DESCRIPTIONS 
14. False and misleading indications as to price of goods. 
(1) If any person offering to supply goods of any description {Subs. Act 
gives, by whatever means, any false indication to the effect ~ 672] 
that the price at which the goods are offered is equal to or 
less than the recommended price, he shall be guilty of an 
offence. 
(2) If any person offering to supply goods gives, by 
whatever means, any indication likely to be taken as an 
indication that the goods are being offered at a price less than 
that at which they are in fact being offered, he shall be guilty 
of an offence. IPIN/l/MYS/O/l 
Page 14 
(3) For the purposes of this section-
(a) an indication as to a recommended price-
(i) shall be treated, unless the contrary is expressed, 
as an indication that it is a price recommended 
by the manufacturer or producer; and 
CH) shall be treated, unless the contrary is expressed. as 
an indication that it is a price recommended 
generally for supply by retail in the area where the 
goods are offered~ 
Cb) anything likely to be taken as an indication as to a 
recommended price shall be treated as such indication; 
and 
Cc) any person advertising goods as available for supply 
shall be taken as offering to supply them. 
C 4) Where any person is charged with an offence under 
this section the onus of proving the existence and terms of any 
recommended price relied upon or that the requirements of sub­
section (3) have been complied with shall be upon the person 
charged. 
14A. Price deemed to include tax. 
Where in any advertisement the price of any goods or 
services is quoted, such price shall, unless the contrary appears, 
be deemed to include all government taxes, duties and any other 
charges. 
15. False representation as to supply o:r approval of goods 
or services. 
(l) If any person in the course of any trade or business 
gives by whatever means any false indication direct or 
indirect that any goods or services supplied by him or any 
methods adopted by him are or are of a kind supplied to or 
approved by any person including any government or 
government department or agency or any international body or 
agency whether in Malaysia or abroad, he shall be guilty of an 
offence. IPINIl/MYS/OIl 
Page 15 
(2) The provisIons of subsection (1) shall have effect with­
out prejudice to the provisions of any written law prohibiting 
or restricting the use of any name, emblem, insignia, seal, flag, 
pennant, title, coat of arms, sign, words or letters or any other 
fonn of description in the course of trade, business, calling or 
profession. 
15A. False or misleading statements as to services, etc. 
(l) It shall be an offence for any person in the course of any 
trade or business-
(a) to make a statement which he knows to be false; 
(b) recklessly to make a statement which is false; or 
(c) to make any statement which is likely to deceive or 
mislead any person, 
as to any of the following matters, that is to say-
(i) the provision in the course of any trade or business 
of any services, accommodation or facilities; 
(H) the nature of any services, accommodation or 
facilities provided in the course of any trade or 
business; 
(iii) the time at which, manner in which or persons by 
whom any services, accommodation or facilities are 
so provided; 
(iv) the examination, approval or evaluation by any person 
of any services, accommodation or facilities so 
provided; 
(v) the location or amenities of any accommodation so 
provided; or 
(vi) the rates or charges for any services, accommodation 
or facilities so provided. 
(2) For the purposes of this section-
(a) anything (whether or not a statement as to any of the 
matters specified in the preceding subsection) likely to 
be taken for such a statement as to any of those 
matters as would be false shall be deemed to be a false 
statement as to that matter; and [Ins. Act 
A 539} 
{Ins. Act 
A 672} IPINI liMY S/OIl 
Page 16 
(b) a statement made regardless of whether it is 
true or false shall be deemed to be made recklessly, 
whether or not the person making it had reason for 
believing that it might be false. 
(3) In relation to any services consisting of or includ~ng 
the application of any treatment or 1?roce~s or the c~rrymg 
out of any repair, the matters specIfied In subsectIon (1) 
shall be taken to include the effect of the treatment, process 
or reprur. 
(4) In this section, "false". means false. to a material 
degree and "service" does not Include anythmg done under 
a contract of service. 
16. Trade mark infringement and passing off action. 
(1) Where any person being a proprietor or registered 
user of a registered trade mark within the meaning of any 
written law relating to trade marks or being otherwise 
entitled at law to the protection of a trade or other mark 
or a get-up for any goods or services established-
(0) in the case of a registered trade mark, that his 
rights in respect of such trade mark are being 
infringed in the course of trade within the meaning 
of the Written law; or 
(b) in the case of a trade or other mark or get-up for 
any goods or services, that his rights in respect of 
such trade or other mark or get-up are being 
infringed in the course of trade' as a result of 
which he has a right of action for passing ofi', 
Court may on the a lication of such person make 
an or declaring that the ringing trade or other mark 
or get-up as the case may be is for purposes of this Act 
a fal~e trade description in its application to such goods as 
may be specified in the order. 
(2) An order of the High Court made under this section 
may be referred to as a trade description order. 
(3) A subsisting trade description order made by ah} 
High Court in Malaysia shall be admissible in evidence in 
any proceedings under this Act in which it is relevant as 
conclusive proof of a false trade description. 
(4) A trade description order shall expire at the end of 
five 'years from the date on which it is made unless it is 
renewed by the High Court upon such terms and for such 
further period of time as the High Court may decide on the 
application of the person referred to in subsection (1) or his 
successor in title. fPlNllIMYS/OIl 
Page 17 
(5) The Minister shall cause a public register of trade description 
orders to be established and maintained. 
PART V 
PROHIBITION OF IMPORTATION OF CERTAIN GOODS 
17. Prohibition of importation of goods bearing false indication 
of origin. 
Where a false trade description is applied to any goods 
outside Malaysia and the false indication, or one of the false 
indications, given, or likely to be taken as given, thereby is an 
indication of the place of manufacture, production, processing 
or reconditioning of the goods or any part thereof, the Minister 
may make an order prohibiting the import of the goods into 
Malaysia. 
PART VI 
PROVISIONS AS TO OFFENCES 
18. Penalty for offences. 
(1) Any person, other than a body corporate, but including 
a director, manager, secretary or other similar officer of a 
body corporate, guilty of an offence under this Act or 
regulations made thereunder for which no other penalty is 
specified shall, on conviction, be liable to a fine not exceeding 
one hundred thousand ringgit or to imprisonment for a term 
not exceeding three 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 exceeding 
six years or to both. 
(2) Any person being a body corporate guilty of an offence 
under this Act or regulations made thereunder for which no other 
penalty is specified shall, on conviction, be liable to a fine not 
exceeding two hundred and fifty thousand ringgit and, for a 
second or subsequent offence, to a fine not exceeding five 
hundred thousand ringgit. 
19. Time limit for prosecution. 
No prosecution for an offence under this Act shaH 
commence after the expiration of-.-
(a) three years from the commission of the offence; or 
(b) one year from its discovery by the prosecutor, 
whichever is the earlier: {Alii. Act 
A 539 & 
A 672] 
[Am. Act 
A 672J IP/N/lIMYS/OI 1 
Page 18 
Provided that it shall not be a bar to the commencement 
of a prosecution for an offence under this Act notwith~ 
standing the expiry of the period specified in the' above 
paragraph (b) if the Public Prosecutor certifies in writing 
that the accused by his own conduct contributed to the delay 
in the commencement of the prosecution. 
20. Offences by corporations. 
[Am. Act (1) Where an offence under this Act which has been 
A 539] committed by a body corporate is proved to have been 
committed with the consent and connivance of, or to be 
attributable to any neglect on the part of, any director, 
manager, secretary or other similar officer of the body cor­
porate, or any person who was purporting to act in any such 
capacity, he and that body corporate shall both be gUilty of 
that offence and shall be liable to be proceeded against and 
punished accordingly as specified in section 18 (1) and 18 (2). 
[Am. Act 
A 5391 
[Ins. Act 
A 539} (2) Where a body corporate is convicted of an offence in 
respect of which the provisions of this section are applied 
that conviction shall not be taken into account in assessing 
the penalty to be imposed upon that body corporate for any 
other offences under this Act. 
(3~ In this section and in section 18 (1) "director", in 
relatIon to any body corporate established by or under any 
law for the purpose of carrying on any industry or part of an 
industry or undertaking, being a body corporate whose 
affairs are managed by the membets thereof, includes a 
member of that body corporate. 
20A.Principai liable for acts of servant or agent. 
Where the agent or servant of a person commits an 
offence or does anything or omits to do anything (which if 
done or omitted to be done by that person would constitute 
an offence under this Act), that person shall, notwithstanding that he 
has no knowledge of the offence, be deemed to be gUilty of the 
offence and shall be liable to punishment for the offence unless he 
proves that-
(a) the act or omission complained of was not within the ordi­
nary scope of the employment of the servant or of the 
agency of the agent; or 
Cb) the act or omission complained of was done or omitted to be 
done without his consent or connivance and that he exer­
cised all such diligence to prevent the commission or omis­
sion as he ought to have exercised having regard to all the 
circumstances of the case. IP/NI1 IMYS/OIl 
Page 19 
21. Abetting of offences committed abroad. 
(1) Any person who, in Malaysia, assists in or induces the com- [Ills. Act 
mission in any other country of an act in respect of goods which, if A 539] 
the act were committed in Malaysia, would be an offence under 
section 3 of this Act shall be guilty of an offence, except as provided 
by subsection (2) of this section, but only if either-
(a) the false trade description concerned is an indication (or 
anything likely to be taken as an indication) that the goods 
or any part thereof were manufactured, produced, processed 
or reconditioned in Malaysia; or 
Cb) the false trade description concerned-
(i) consists of or comprises an expression (or anything 
likely to be taken as an expression) to which a mean­
ing is assigned by an order made by virtue of section 
10 (b) of this Act; and 
(H) where that meaning is so assigned only in circum­
stances specified in the order, the trade description is 
used in those circumstances. 
(2) A person shall not be guilty of an offence under subsection (1) 
if, by virtue of section 31, the act, though committed in Malaysia, 
would not be an offence under section 3 had the goods been intended 
for despatch to the other country. 
(3) Any person who, in Malaysia, assists in or induces the com­
mission outside Malaysia of an act which, if committed in Malaysia, 
would be an offence under section 15 shall be guilty of an offence. 
21A. Compounding of offences. 
(1) The Controller or a Deputy Controller may compound any 
offence under this Act or any regulations made thereunder which is 
prescribed to be a compoundable offence by making a written offer, 
to the person reasonably suspected of having committed such of­
fence, to compound the offence upon payment to the Controller or 
Deputy Controller such sum of money within such time as may be 
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, and where the amount specified in the offer is not 
paid within the time specified in the offer, or within such extended 
period as the Controller or Deputy Controller may grant, prosecution 
for the offence may be instituted at any time thereafter against the 
person to whom the offer was made. 
(3) Where an offence has been compounded under subsection (l), 
no prosecution shaH thereafter be instituted against such person in 
respect of such offence and where possession has been taken of any 
goods or documents under this Act or any regulations made thereun­
der such goods or documents may be released, subject to such 
conditions as may be imposed. [IllS. Act 
A 880} IP/N/lIMYS/O/l 
Page 20 
(4) The power to compound offences under subsection (1) shaH· 
be exercised by the Controller or the Deputy Controller personally. 
22. Taking of samples. 
[ll1s. Act (1) Subject to any order under subsection (2), where any goods 
A 539] which are the subject-matter of an offence under this Act are found in 
two or more packages or receptacles of the same description, it shall 
be presumed until the contrary is proved that all the packages or 
receptacles contain goods of the same nature, quantity and quality. 
(2) The Minister may by order provide that in proceedings for an 
offence under this Act in relation to such goods as may be specified 
in the order evidence on behalf of the prosecution concerning any 
sample procured for analysis shall not be admissible unless the 
sample has been dealt with in such manner as may be specified in the 
order. 
PART VII 
DEFENCES 
23. Offences due to fault of another person. 
Where the commission by any person of an offence under this Act 
is due to the act or default of some other person that other person 
shall be guilty of the offence, and a person may be charged with and 
convicted of the offence by virtue of this section whether or not 
proceedings are taken against the first-mentioned person. 
24. Defence of mistake, accident, etc. 
(1) In any proceedings for an offence under this Act it shall 
subject to subsection (2) of this section, be a defence for the perso~ 
charged to prove-
(a) that the commission of the offence was due to a mistake on 
his part or to reliance on information supplied to him or to 
the act or default of another person, an accident or some 
other cause beyond his control; and 
(b) that he took all reasonable precautions and exercised all due 
diligence to avoid the commission of such an offence by 
himself or any person under his control: 
Provided that where a body corporate is charged with an offence 
under this Act, such body corporate shall not be entitled to rely on the 
defence referred to in this subsection. 
(2) If in any case the defence provided by the last foregoing [Am. Act 
subsection involves the allegation that the commission of the offence A 539 J 
was due to the act or default of another person or to reliance on 
information supplied by another person, the person charged shall not, 
without leave of the Court, be entitled to rely on that defence unless, 
within a period of fourteen clear days of his being charged in Court, 
he has served on the prosecutor a notice in writing giving such 
infonllation as was then in his possession identifying or assisting in 
the identification of that other person. IPINI1IMYS/O/I 
Page 21 
(3) In any proceedings for an offence under this Act of supplying 
or offering to supply goods to which a false trade description is 
applied it shall be a defence for the person charged to prove that he 
did not know, and could not with reasonable diligence have ascer­
tained, that the goods did not conform to the description or that the 
description had been applied to the goods. 
25. Innocent publication of advertisement. 
In proceedings for an offence under this Act committed by the 
publication of an advertisement it shall be a defence for the person 
charged to prove that he is a person whose business it is to publish or 
arrange for the publication of advertisements and that he received the 
advertisement for publication in the ordinary course of business and 
did not know and had no reason to suspect that its publication would 
amount to an offence under this Act. 
PART VIII 
ENFORCEMENT 
26. Appointments of Controller, Deputy Controllers and Assis-
tant Controllers. . 
(1) The Yang di-Pertuan Agong may appoint from 
amongst persons who hold offices in thepul?lic services a 
Controller of Trade Descriptions, and such number of 
Deputy Controllers and Assistant Controllers of Trade 
Descriptions as may be necessary or expedient for purposes 
of this Act. 
[Am. Act (2) The Controller shall subject to the general direction 
A 539} and control of the Minister have supervision in 'all matters 
relating to the enforcement of this Act and the Controller 
and the Deputy Controller shall perform such duties and 
exercise such powers and functions conferred upon them and 
upon an Assistant Controller by this Act. 
(3) All officers appointed under this section shall be 
deemed to be public servants within the meaning of the 
Penal Code applicable. 
(4) The powers and functions of the Controller and the 
duties required to be discharged by him may be exercised 
and discharged by any Deputy Controller. 
(5) Every officer appointed under this section when 
acting against any person under this Act shall on demand 
declare his office and produce to the person against whom 
he is acting such authority card as the Controller may 
direct to be carried by such officer. IP/NIl/MYS/OIl 
Page 22 
27. Power to make test purchases. 
The Controller shall have power to make, or to authorise 
anv person to make on his beHalf, such purchases of g.o?ds 
as" may appear expedient for the purpose of determmmg 
whether or not the provisions of this Act and any order 
made thereunder are being complied with. 
28. Power to enter premises and inspect and seize goods 
and documents. 
(1) Any Assistaqt Controller may, at all reasonable 
hours exercise the following powers, that is to say-
(a) he may, for the purpose of ascertaining whether 
any offence under this Act has be~n committed, 
inspect any goods and enter any premIses other than 
premises used only as a dwelling; 
(b) if he has reasonable cause to suspect that an 
offence under this Act has been committed, he may 
for the purpose of ascertaining whether it has been 
committed, require any person carrying on a trade 
or business or employed in connection with a trade 
or business to produce any books or documents 
relating to the trade or business and may take 
copies of, or of any entry in, any such book or 
document; 
(c) if he has reasonable cause to believe that an offence 
under this Act has been committed, he may seize 
and detain any goods for the purpose of ascertain­
ing, by testing or otherwise, whether the offence 
has been committed; 
(d) he may seize and detain any goods or documents 
which he has reason to believe may be required as 
evidence in proceedings for an offence under this 
Act· , 
(e) he may, for the purpose of exercising his powers 
under this subsection to seize goods, but only if 
and to the extent that it is reasonably necessary in 
order to secure that the provisions of this Act and 
of any order made thereunder are duly observed, 
require any person ,having authority to do so to 
break opep any container or open any vending 
machine and, if that person does not comply with 
the requirement, he may do so himself. IPIN/1/MYS/Oll 
Page 23 
(2) An Assistant Controller seizing any goods -Of docu­
ments in the exercise of his powers under this section shall 
inform the person from whom they are seized and, in the 
case of goods seized from a vending machine, the person 
whose name and address are stated on the machine as 
being the proprietor's or, if no name and address are .so 
stated, the occupier of the premises on which the machine 
stands or to which it is affixed. 
(2A) Where the goods or documents seized by the [Ins. Act 
Assistant Controller in the exercise of-his powers under this A 539J 
section are by rea$on of their nature, size or amount not 
practical to be removed from where they are found, he may 
by any means seal such goods or documents in-the premises 
or container in which they are found and it .shall be an 
offence for any person without lawful authority to break, 
tamper with or damage such seal or. ~o remove such goods or 
documents or to attempt to do so. 
(3) If a Magistrate, on sworn information in writing­
(a) is satisfied that there is reasonable ground to believe 
either-
(i) that any goods, books or documents which an 
Assistant Controller has power under this 
section to inspect are on any premises and 
that their inspection is likely to disclose 
evidence of. the commission of an offence 
under this Act; or 
(iD that any offence under this Act has been, is 
being or is about to be committed on any 
premises; and 
(b) is also satisfied either-
(i) that admission to the premises has been or 
is likely to be refused and that notice of 
intention to apply for a warrant under this 
subsection has been given to the occupier; or 
(iD that an application for admission or the 
giving of such a notice, would defeat the 
object of the entry or that the premises are 
unoccupied or that the occupier is tempora­
rily absent and it might defeat the object of 
the entry to await his return, 
the Magistrate may by warrant under his hand, which shall 
continue in force for a period of one month, authorise an 
Assistant Controller to enter the premises, if need be by 
force. IPINIl IMYS/OIl 
Page 24 
(3A) Notwithstanding subsection (3), where an 
[Ins. Act Assistant Controller specially authorised in writing by the 
A 539J Minister for the purposes of this section has reasonable 
grounds for believing that by reason of the delay in 
obtaining a warrant, any goods, books or documents in the 
premises are likely to be removed, he may exercise in, upon 
and in respect of such premises, goods, books and 
documents all the powers in as full and ample a manner as if 
he were authorised by a warrant issued under that 
subsection. 
(4) An Assistant Controller entering any premises by 
virtue of this section may take with him such other persons 
and such equipment as may appear to him necessary; and 
on leaving any premises which he has entered by virtue 
of a warrant under the preceding subsection he shaH, 
if the premises are unoccupied or the occupier is tempora-
rily absent, leave them as effectively secured against trespas­
sers as he found them. 
(5) If any person discloses to any other Person-
(a) any information with respect to any manufacturing 
process or trade secret obtained by him in premises. 
which he has entered by virtue of this section; or 
(b) any information obtained by him in pursuance 
of this Act, 
he shaH be guilty of an offence unless the disclosure :vas 
made in or for the purpose of the performance of functlOns 
under this Act. 
28A.Statement to be admissible in evidence. 
(1) Where any person is charged with an offence under 
this Actany statement, whether the statement amounts to a 
confession or not or is oral or in writing, made at any time', 
whether before or after the person is charged and whether 
in the course of investigations under this Act or not and 
whether or not wholly or partly in answer to questions, by 
the -person to or in the hearing of an Assistant Controller 
and whether or not interpreted to him by an Asistant 
Controller or any other person concerned or not in the case 
shall, notwithstanding the provisions of any written law to 
the contrary, be admissible at his trial in evidence and, if the 
person tenders himself as a witness, any such statement may 
be used in cross-examination and for the purpose of 
impeaching his credit: lPlNllIMYS/OI I 
Page 25 
Provided that-
(a) no such statement shall be admissible or used as 
aforesaid-
(b) (i) if the making of the statement appears to the 
Court to have been caused by any 
inducement, threat or promise having 
reference to the charge against such person 
proceeding from the person in authority and 
sufficient in the opinion of the Court to give 
a person grounds which would appear to him 
reasonable for supposing that by making it 
he would gain any advantage or avoid any 
evil of a temporal nature in reference to the 
proceeding against him; or 
(H) in the case of a statement made by the 
person after his arrest, unless the Court is 
satisfied that he was cautioned in the 
following words or words to the like effect: 
"It is my duty to warn you that you are 
not obliged to say anything or to answer 
any question but anything you say, 
whether in answer to a question or not, 
may be given in evidence. "; and 
a statement made by any person before there is 
time to caution' him shall not be rendered 
inadmissible in evidence merely by reason of his 
not having been cautioned if he is cautioned as 
soon as possible. 
(2) Notwithstanding the provisions of any written law to 
the contrary, a person accused of an offence to which 
subsection (1) applies shall not be bound to answer any 
question relating to the case after he has been cautioned. 
2880 Power of arrest, investigation and prosecution. 
(1) An Assistant Controller may arrest without 
warrant any person whom he has reason to believe to have 
committed an offence under this Act if the person refuses to 
furnish his name and address or furnishes an address out of 
Malaysia or there are reasonable g(ounds 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. IP/NIlIMYS/O/I 
Page 26 
(2) An Assistant Controller may in relation to any 
investigation in respect of any offence under this Act 
without the order of the Public Prosecutor exercise the 
special powers in relation to police investigation given by 
the Criminal Procedure Code in any seizable case. 
(3) Any prosecution in respect of an offence under this 
Act may be conducted by an Assistant Controller. 
'2.9. Obstruction of officers. 
0) Any person who-
(a) wilfully obstructs any officer appointed under 
section 26 acting in pursuance of this Act; or 
(b) wilfully fails to comply with any requirement 
properly made to him by such an officer under 
section 28; or 
(c) without reasonable cause fails to give such an 
officer so acting any other assistance or information 
which he may reasonably require of him for the 
purpose of the performance of his functions under 
this Act, 
shall be guilty of an offence and liable on conviction to a 
fine not exceeding two thousand ringgit or to imprisonment 
for a term not exceeding one year or to both. 
(2) If any person, in giving any such information as is 
mentioned in the preceding subsection, makes any state­
ment which he knows to be false, he shall be guilty of an 
offence and liable on conviction to the penalty as mentioned 
in that subsection. 
(3) Nothing in this section shall be construed as requiring 
a person to answer any question or give any information 
if to do so might incriminate him. 
30. Notice of test and intended prosecution. 
Where any goods seized or purchased in pursuance of 
this Act are submitted to a test, then-
(a) if the goods were seized, the person mentioned in 
section 28 (2) of this Act shall 00 informed of the 
result of the test; 
(b) if the goods were purchased and the test leads to 
the institution of proceedings for an offence under 
this Act, the Controller shall inform the person 
from whom the goods were purchased, OTf in the 
case of goods sold through a vending macnine, the 
person mentioned in section 28 (2) of this Act, of 
the result of the test, IPfNllIMYS/O/l 
Page 27 
and shall, where as a result of the test proceedings for an 
offence under this Act are instituted againt any person, al-
low him to have the goods tested on his behalf if it is reaso­
nably practicable to do so. 
PART IX 
MISCELLANEOUS AND SUPPLEMENTAL 
31e Exemption. 
The Minister may. by order specify that any of the 
matters included in section 4 (I) shaH not apply with respect 
to any description of goods which are intended-
(a) for despatch to a destination outside Malaysia; or 
(b) for any specific use or purpose as mentioned in the 
order. 
32. Forfeiture of goods. 
(1) All goods seized in exercise of any power conferred 
under this Act shall be liable to forfeiture. 
(2) An order for the forfeiture or for the release of any 
goods seized in exercise of any power conferred under this 
Act shall be made by the Court before which the pro­
secution with regard thereto has been held and an order 
for the forfeiture of the goods 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 goods were the 
subject matter of or were used in the commission of the 
offence notwithstanding that no· person may have been 
convicted of such offence. 
(3) If there be no prosecution with regard to any goods 
seized in exercise of any power conferred under this Act, 
such goods shall be taken and deemed to be forfeited at 
the expiration of one calendar month from the date of 
seizure unless a claim thereto is made before the date in 
the manner hereinafter set forth. 
(4) Any person asserting that he is the owner of such 
goods and that they are not liable to forfeiture may 
personally or by his agent authorised in writing give 
written notice to an Assistant Controller that he claims the 
same. [PIN!] !MYS/O/l 
Page 28 
(5) On receipt of such notice the Assistant Controller 
shall refer the claim to the Controller who may direct that 
such _ goods be released' or may direct the Assistant 
Controller to refer the matter to a Court for decision. 
(6) The Court to which the matter is referred shall issue 
a summons requiring the person asserting that he is the 
owner of the goods and the person from whom they were 
seized to appear before it and upon his appearance or 
default to appear, due service of the summons being proved, 
the Court shall proceed to the examination of the matter 
and on proof that an offence under this Act has been 
committed and that such goods were the subject matter 
or were used in the commission of such offence shall order 
the same to be forfeited or may in the absence of such 
proof order their release. 
(7) All things forfeited or deemed to be forfeited shall 
be delivered to the Assistant Controller and shall be 
disposed of in accordance with the directions of the 
Controller. 
(8) Where any goods seized in exercise of the power 
conferred by this Act are of a perishable nature or where 
the custody of such goods involves unreasonable expense 
and inconvenience such goods may be sold at any time and 
the proceeds of the sale held to abide by the result of any 
prosecu tion or claim under this section. 
33. Goods seized may be delivered to owner or other 
persons. 
The Minister may upon application made to him in 
writing through the Controller direct any goods seized in 
exercise of the power conferred by' this Act whether 
forfeited or taken and deemed to be forfeited to be 
delivered to the owner or other person entitled thereto 
upon such terms and conditions as he may deem fit: 
Provided that any such application shall be made before 
the expiration of one calendar month from the date of 
forfeiture of such goods or from the date on which such 
goods shall be taken and deemed to be forfeited as the case 
may be. IP/NIl/MYS/O/1 
Page 29 
34. No costs or damage arising from seizure to be 
recoverable. 
No person shall in any proceedings before any Court 
in respect of the seizure of any goods setzed in exercise or 
the purported exercise of any power conferred under this 
Act be entitled to the costs of such proceedings or subject 
to section 32 to any damages or other relief unless such 
seizure was made without reasonable or probable cause. 
35. Savings for civil rights. 
A contract for the supply of any goods shall not be 
void or unenforceable by reason only of a contravention of 
any provision of this Act. 
36. Country of origin. 
(I) For the purposes of this Act goods shall be deemed 
to have been manufactured or produced in the country in 
which they last underwent a treatment or process resulting 
in a substantial change. 
(2) The Minister may by order specify-
(a) in relation to any description of goods, what treat­
ment or process is to be regarded for the purposes 
of this section as resulting or not resulting in a 
substantial change; 
(b) in relation to any description of goods different 
parts of which were manufactured or produced in 
different countries, or of goods assembled in a 
country different from that in which their parts were 
manufactured or produced, in which of those 
countries the goods are to be regarded for the 
purpose of this Act as having been manufactured or 
produced. 
37. Market research experiments. 
(1) In this section "market research experiment" means 
any activities conducted for the purpose of ascertaining the 
opinion of persons (in this section referred to as "partici­
pant~") of--
(a) any goods; or 
(b) anything in, on or with which the goods are supplied; 
or 
(c) the appearance or any' other characteristic of the 
goods or of any such thing; or TPIN/lIMYS/O/l 
Page 30 
(d) the name or description under which the goods are 
supplied. 
(2) This section applies only to any market research experiment 
with respect to which the following conditions are satisfied, that 
is to say-
(a) that any participant to whom any goods are supplied in 
the course of the experiment is informed, at or before the 
time at which they are supplied to him, that they are supplied 
for such a purpose as is mentioned in subsection (1) of 
this section; and 
(b) that no consideration in money or money's worth is given 
by a participant for the goods or any goods supplied to 
him for comparison. 
(3) Neither section 3 nor section 11 of this Act shall apply in 
relation to goods supplied or offered to be supplied, whether to a 
participant or any other person, in the course of a market research 
experiment to which this section applies. 
38. Consultation prior to making of orders. 
(1) An order made under sections ~10, 11, 12, 22 (2), 31 and 
36 which relates to any agricultural, horticultural or fishery produce, 
whether processed or not, food, feeding stuffs or ingredients of food 
or feeding stuffs, medicine, drugs, fertilisers or any goods used as 
pesticides or for similar purposes shall be made by the Minister 
only after consultation with the Minister charged with responsibility 
for the respective things mentioned hereinbefore. 
(2) The following provisions shall apply to the making of an 
order under section 10, 11, 12 or 36 of this Act, except in the case 
mentioned in section 13 (2) thereof, that is to say-
(a) before making the order the Minister shall consult with 
such organisations as appears to him to be representative 
of interests substantially affected by it and shall publish, 
in such manner as the Minister thinks appropriate, notice 
of his intention to make the order and of the place where 
copies of the proposed order may be obtained; 
(b) the order shall not be made until the expiration of a period 
of twenty-eight days from the publication of the notice and 
may then be made with such modifications (if any) as the 
Minister thinks appropriate having regard to any represen­
tations received by him. 
38A. Power of Minister to make regulation.s. 
The Minister may make regulations to carry out the purposes 
of this Act and, without prejudice to the generality of the foregoing 
words, may-[Ins. Act 
A 880J 
[ills. Act 
A 880] 
[Ins. Act 
A 880] lP/Nil IMYS/OI1 
Page 31 
(a) assign the meaning of any expression or indication 
used in the course of trade or business in relation to the prices 
of goods or to the charges or rates for services, accommodation 
or facilities~ 
(b) prohibit, restrict or otherwise regulate or control the use of 
any expression or indication used in the course of trade or 
business in relation to the prices of goods or to the charges 
or rates for services, accommodation or facilities; 
(ba) prescribe the fee to be imposed in respect of the use of any 
expression or indication used in the course of trade or business 
in relation to the prices of goods or to the charges or rates 
for services, accommodation or facilities; 
(c) provide for the maintenance of a register or records in 
relation to the goods, services, accommodation or 
facilities and prescribing the particulars to be recorded 
in such register or records; 
(d) prescribe forms for the purposes of paragraph (b); 
(e) prescribe the standard of fineness of articles made ,of precious 
metals and regulate or control the use of any expression or 
indication used in the course of trade or business in relation 
to such standard of fineness; and 
if) prescribe the offences under this Act or the regulations made 
thereunder which may be compounded, the amount of such 
compound and the procedure to be followed on compounding: 
39. Repeal. 
The Merchandise Marks Ordinance, 1950, the Merchandise 
Marks Ordinance of Sabah, and the Merchandise Marks 
Ordinance of Sarawak are hereby repealed. 
Ord. No. 28 of 1952 
Ord. No. 28 of 1952 FIRST SCHEDULE 
(Section 4 (4» 
1. Sale of Food and Drugs Ordinance, 1952 
SECOND SCHEDULE 
(Section 22 (l)) 
Column One 
1. Sale of Food 
and Drugs Ordi­
nance, 1952 Column Two 
Sections 8, 9, subsections 
(3) and (4) of section 20, 
sections 23 and 24 IPINI liMY S/OIl 
Page 32 
TRADE DESCRIPTIONS 
(USE OF EXPRESSION "HALAL"), 
ORDER 1975 IP/NIl/MYS/OIl 
Page 33 
TRADE DESCRIPTIONS (USE OF EXPRESSION 
"HALAL") ORDER 1975* 
IN exercise of the powers conferred by section 10 of the Trade Descriptions 
Act, 1972, the Minister hereby makes the following order: 
1. €itation. 
This Order may be cited as the Trade Descriptions (Use of Expression 
"Halal") Order, 1975. 
2. Definition. 
In this Order unless the context otherwise requires-
"Hukum Syarak" means the Laws of Islam in the Mazhab Shafie or the Laws 
of Islam in any of the other Mazhabs of Maliki, Hambali or Hanafi which are 
approved by the Yang di-Pertuan Agong to be in force in the Federal Territory 
or the Ruler of any State to be in force in the State. 
3. "Halai" defined. 
When used in relation to food in any form whatsoever in the course of trade 
or business as or as part of, a trade description applied to the food, the expressions 
"Halal", "Di-tanggong Halal" or "Makanan Islam" or any other expression 
indicating or likely to be understood as indicating that Muslims are permitted 
by their religion to consume such food such expression shall have the following 
meaning, that is to say the food in relation to which such expression orexpressions 
are used-
Ca) neither is nor consist of or contains any part or matter of an animal 
that a Muslim is prohibited by Hukum Syarak to consume or that 
has not been slaughtered in accordance with Hukum Syarak; 
(b) does not contain anything which is considered to be impure according 
to Hukum Syarak; 
(c) has not been prepared, procesed or manufactured using any instrument 
that was not free from anything impure according to Hukum Syarak; 
and 
(d) has not in the course of preparation, processing or storage been in 
contact with or close proximity to any food that fails to satisfy 
paragraph (a), (b) or (c) or anything that is considered to be impure 
according to Hukum Syarak. 
Made this 29th day of July, 1975. 
DATUK HAll HAMZAH BIN HAl! ABU SAMAH, 
Minister of Trade and Indusuy 
* Published as P.U. (A) 237/1975. (Resembles P.U. (A) 9111975). IP/N/lIMYS/OIl 
Page 34 
TRADE DESCRIPTIONS 
(MARKING OF FOOD), 
ORDER 1975 JP INI1/MYS/OIl 
Page 35 
TRADE DESCRIPTIONS (MARKING OF FOOD) 
ORDER 1975* . 
IN exercise of the powers conferred by section 11 of the Trade Descriptions 
Act, 1972, the Minister hereby makes the following order: 
1. Citation. 
This Order may be cited as the Trade Descriptions (Marking of Food) 
Order, 1975. 
2. Information to be su.pplied. 
(1) An food specified in the Schedule hereto which is halal according to 
the Trade Description (Use of expression "Ralal") Order, 1975 shall not be 
supplied unless it is marked by a label, tag or any other form of mark indicating 
that such food is hala!. 
(2) An uncooked meat and offals including that of poultry shall not be supplied 
unless it is marked by a label, tag or any other form of mark indicating that 
such meat or offal had or had not been chilled or frozen. 
* Published as P.u. (A) 29811975. IPlN/I/MYS/O/l 
Page 36 
TRADE DESCRIPTIONS 
(CHEAP SALE PRICE), 
REGULATIONS 1987 IPINIIIMYS/OI 1 
Page 37 
TRADE DESCRIPTIONS (CHEAP SALE PRICE) 
REGULATIONS 1987 
ARRANGEMENT OF REGULATIONS 
Regulation 
1. Citation and commencement. 
2. Interpretation. 
3. Application to Controller, Deputy Controller or authorised Assistant 
Controller. 
3A. Grant or refusal of approval. 
3B. Withdrawal of approval. 
3c. Display of approval at business premises. 
3D. Maintenance of records. 
3E. Maintenance of stock. 
4. Duration of supply or offer to supply goods at cheap sale price. 
4A. Seventy percent of the goods displayed to be at cheap sale price. 
4B. Only four sales at cheap sale price per year. 
5. No increase in the cheap sale price affixed etc. by the manufacturer, 
producer, importer or wholesaler. 
6. Indication of price. 
7. Presumption. 
S. Exemption. 
9. Offences. 
SCHEDULE. IPINI1IMYS/OIl 
Page 38 
TRADE DESCRIPTIONS (CHEAP SALE PRICE) 
REGULATIONS 1987* 
IN exercise of the powers conferred by section 38A of the Trade Descriptions 
Act 1972, the Minister makes the following regulations: 
1. Citation and commencement. 
These Regulations may be cited as the Trade Descriptions (Cheap Sale 
Price) Regulations 1987 and shall come into force on the 1st January 1988. 
2. Interpretation. 
0) In these Regulations, unless the context otherwise requires-
"authorised Assistant Controller" means an Assistant Controller of 
Trade Descriptions who has been authorised in writing by the Controller for 
the purposes of these Regulations; 
"cheap sale price" means the price of the goods which, in the ordinary course 
of trade or business, is indicated in any manner to be less than the price at 
which the goods or goods of the same description were previously supplied 
or offered to be supplied. 
(2) Any expression or indication, whether direct or indirect, including the 
expression "sale" or "discount" and by whatever means used or given in the 
course of trade or business, indicating or likely to be understood as indicating 
that the price at which the goods are offered is less than the price at which 
the goods or goods of the same description were previously supplied or offered 
to be supplied shall be treated as an indication that the person using the expression 
or giving such indication is supplying or offering to supply the goods at cheap 
sale price: 
Provided that where such expression or indication is affixed, labelled, marked 
or tagged in any manner on the goods, bags or containers thereof by the 
manufacturer, producer, importer or wholesaler of such goods, the manufacturer, 
producer, importer or wholesaler of such goods, as the case may be, shall be 
deemed to be the person supplying or offering to supply the goods at cheap 
sale price. 
3. Application to Controller, Deputy Controller or authorised Assistant 
Controller. 
(1) No person shall in the course of trade or business supply or offer to 
supply goods of any description at cheap sale price except with an approval 
from the Controller, Deputy Controller or any authorised Assistant Controller. 
(2) An application for approval under subregulation (1) shall be in Form 
1 as set out in the Schedule and such application shall be submitted not later 
than 30 days immediately prior to the date of commencement of the supply 
or offer to supply goods at cheap sale price. 
* Published as P. U. (A) 424187 and as amended by P. U. (A) f 36193. IPlNllIMYS/O/J 
Page 39 
(3) In the case where the applicant has more than one place of business, 
he shall send a copy of the application of each place of business to the authorised 
Assistant Controller in the area in which the goods are supplied or offered to 
be supplied at cheap sale price. 
(4) Any application under subregulation (2) or (3) shall be sent by delivering 
it personally or by sending it by registered post. 
(5) For the purpose of this regulation, where the cheap sale price is affixed, 
labelled, marked or tagged in any manner on the goods, bags or containers thereof 
by the manufacturer, producer, importer or wholesaler of such goods, the 
application referred to in subregulation (2) shall be served by the manufacturer, 
producer, importer or wholesler of the goods, as the case may be. 
(6) Where the application for approval has been served on the Controller, 
Deputy Controller or any authorised Assistant Controller, no person shall increase 
the price of the goods supplied or offered to be supplied at cheap sale price 
at any time during the continuous period of thirty days immediately prior to 
the date of commencement of the supply or offer to supply such goods at cheap 
sale price: 
Provided that where any person reduces the price of the goods supplied or 
offered for supply at cheap sale price at any time during the continuous period 
of thirty days immediately prior to the date of commencement of the supply 
or offer to supply such goods at cheap sale price, no increase from the reduced 
price shall be made within that period. 
(7) Any person who provides false or misleading information under this 
regulation shall be guilty of an offence. 
3A. Grant or refusal of approval. 
(1) Upon receipt of an application under regulation 3 together with the 
documents and information required, the Controller, Deputy Controller or any 
authorised Assistant Controller may grant an approval with or without conditions 
or he may refuse to grant an approval without assigning any reason for such 
refusal. 
(2) The approval shall be in Form 2 as set out in the Schedule. 
(3) The decision of the Controller, Deputy Controller or any authorised 
Assistant Controller under subregulation (l) shaH be finaL 
3B. Withdrawal of approval. 
The Controller, Deputy Controller or any authorised Assistant Controller may 
withdraw his approval if he is satisfied that-
(a) the applicant has contravened any of the conditions imposed under 
the approval granted; or 
(b) the applicant or any person who is a director, manager, secretary 
or other similar officer of the applicant has, either in connection 
with the application for approval or at any any time after the grant 
of approval, provided false, misleading or inaccurate information 
to the Controller, Deputy Controller or any authorised Assistant 
Controller. IP/Nll/MYS/O/l 
Page 40 
3c. Display of approval at business premises. 
(1) Any person who has been granted an approval under subregulation 3A( 1) 
shall cause it to be prominently displayed at the business premises where the 
goods are supplied or offered to be supplied at cheap sale price. 
(2) Where an applicant has more than one business premises he shan 
cause a copy of the approval to be prominently displayed at each business 
premises where the goods are supplied or offered to be supplied at cheap sale 
price. 
3D. Maintenance of records. 
Any person who has been granted an approval under subregulation 3A(l) 
shall maintain true and complete records of such supply or offer to supply goods 
at cheap sale price and he shaH keep such records for a period of one year 
from the date of commencement of the supply or offer to supply goods at cheap 
sale price. 
3E. Maintenance of stock. 
Any person who has been granted an approval under subregulation 
3A( 1) shan during the period when the goods are supplied or offered to be 
supplied at cheap sale price maintain a reasonable stock of goods for such 
purpose. 
4. Duration of supply or offer to supply goods at cheap sale price. 
(1) Any duration of the supply or offer to supply goods at cheap sale price 
shall not exceed thirty days or any such duration as may be approved by the 
Controller, Deputy Controller or any authorised Assistant Controller. 
(2) (Deleted). 
(3) This regulation shall not apply to any retailer who supplies or offers 
to supply goods to which the cheap sale price is affixed, labelled, marked or 
tagged in any manner on the goods, bags or containers thereof by the manu­
facturer, producer, importer or wholesaler of such goods: 
Provided that where the retailer is found supplying or offering to supply 
goods to which the cheap sale price is affixed, labelled, marked or tagged on 
the goods, bags or containers thereof, such retailer shall be deemed to supply 
or offer to supply goods at cheap sale price unless he proves that the cheap 
sale price affixed, labelled, marked or tagged on the goods, bags or containers 
thereof were so affixed, labelled, marked or tagged on the goods, bags or 
containers thereof by the manufacturer, producer, importer or wholesaler of such 
goods. 
4A. Seventy percent of the goods displayed to be at cheap sale price. 
No person shaH in the course of trade or business supply or offer to supply 
goods of any description at cheap sale price unless at least seventy percent of 
all the goods displayed for sale in the business premises are to be offered at 
cheap sale price. 
4B. Only four sales at cheap sale price per year. 
The total number of sales at cheap sale price that can be approved for 
any applicant under regulation 3 shall not exceed four times in any calendar 
year. IPINIlIMYS/OI 1 
Page 41 
5. No increase in the cheap sale price affixed etc. by the manufacturer, 
producer, importer or wholesaler. 
No person shall, in the course of trade or business, supply or offer to supply 
goods at a price which is more than the cheap sale price affixed, labelled, marked 
or tagged on the goods, bags or containers thereof by the manufacturer, producer, 
importer or wholesaler, as the case may be. 
6. Indication of price. 
(1) Any person who in the course of a trade or business supplies or offers 
to supply goods of any description at cheap sale price shall indicate on such 
goods the following: 
Ca) the price at which the goods were previously supplied or offered to 
be supplied by him; and 
(b) cheap sale price: 
Provided that where the nature of the goods is so small as to render it 
impracticable to indicate the particulars specified in paragraphs (a) and (b), it 
shaH be sufficient if display panels bearing the said particulars are placed in 
a conspicuous manner proximate to the goods. 
(2) For the purpose of subregulation (1), "the price at which the goods were 
previously supplied or offered to be supplied by him" means the lowest price 
at which the goods or goods of the same description were supplied or offered 
to be supplied by him in the ordinary course of trade or business on the same 
premises during the continuous period of thirty days immediately prior to the 
date of commencement of the supply or offer to supply goods at cheap sale 
price. 
7. Presumption. 
For the purposes of any prosecution under these Regulations, where it is 
required to prove the lowest price at which the goods or goods of the same 
description were supplied or offered to be supplied on the same premises during 
the continuous period of thirty days immediately prior to the date of commence­
ment of the supply or offer to supply goods at cheap sale price, it shall be sufficient 
for the prosecution to prove the price at which such goods or goods of the same 
description were in fact supplied or offered to be supplied at any time during 
the said period: 
Provided that where there are different prices in respect of goods supplied 
or offered to be supplied during the said continuous period of thirty days 
immediately prior to the date of commencement of supply or offer to supply 
goods at cheap sale price, the lowest of such prices shaH be taken to be the 
said price. 
8. Exemption. 
These Regulations shall not apply to any person who, in the course of trade 
or business-
(a) reduces the price of goods where such reduction of price does not 
in any way indicate any comparison with any other prices; 
(b) reduces the price of goods where the indication or expression relating 
to such reduction in price is made in compliance with any specific 
condition relating to the purchase of such goods; or 
(c) reduces the price of goods where the indication or expression relating 
to such reduction in price is made orally within the premises where 
the sale is made. IPINII/MYS/O/J 
Page 42 
9. Offences. 
(1) Any person supplying or offering to supply goods of any description 
who gives, by whatever means, any false indication in respect of cheap sale 
prices shaH be guilty of an offence. 
(2) An indication in respect of cheap sale price is false-
(a) if the indication of the previously supplied or offered to be supplied 
price referred to in regulation 6 (1) (a) is false; or 
(b) if the price at which the goods are supplied or offered to be supplied 
is equal to or more than the price at which the goods were previously 
supplied or offered to be supplied; or 
Cc) if the price at which the goods are supplied or offered to be supplied 
is falsely claimed to be less than the price at which the goods were 
previously supplied or offered to be supplied by a specific amount 
or proportion; or 
Cd) if the goods are not available for supply throughout the period that 
the goods were to have been supplied or offered to be supplied at 
cheap sale price. 
(3) Any person who contravenes or fails to comply with any provision of 
these Regulations shall be gUilty of an offence. 
(4) Any person supplying or offering to supply goods of any description 
who, in the application under regulation 3, provides false or incorrect particulars 
relating to the price at which the goods were previously supplied or offered 
to be supplied shall be guilty of an offence. To: 
Sir, SCHEDULE 
FORM 1 
TRADE DESCRIPTIONS ACT 1972 
TRADE DESCRIPTIONS (CHEAP SALE PRICE) REGULATIONS 1987 
(Regulation 3) IP/N/lIMYS/O/l 
Page 43 
APPUCA nON FOR AN APPROVAL 1'0 SUPPLY OR OFFER TO 
SUPPLY GOODS AT CHEAP SALE PRICE 
ControllerlDeputy Controller/Authorised 
Assistant Controller of Trade Descriptions, 
Enforcement Division, 
Ministry of Domestic Trade 
and Consumer Affairs, 
*IJWe ................................................................................................................. . 
(Name of Business/Company) 
wish to apply for an approval to supply or offer to supply goods at cheap sale 
price. 
Note: 
If the space provided is not sufficient to provide details, please attach 
annexure(s). Each annexure must be signed by the applicant. 
1. PARTICULARS OF ApPLICANT: 
(a) *Narne of ApplicantlBusiness/Company .......................................... . 
(b) Registration No. and Registration Date ........................................... . 
(c) Business Licence No ........................................................................ .. 
(City HallIMunicipality/Local Authority) 
(d) Registered Address ................................................................................ . 
(e) Telephone No. .. ................................................................................ . 
if) Correspondence Address ......................... ............................... ........... . 
(g) address of BranchIBranches and Telephone No ........................... .. 
(h) Business Status: *Sole Propnetor/PartnershiplPrivate Limitedl 
Others 
(i) Type of Business Registered ............................................................ . 
+ ..... ~~ .................. ~ ......... *.~ .. ~ .................... ................................................................. . 
(j) Principal Business and Field of Operations ...................................... .. 
.. •• ............................. • • ~ ......... ~ ................ *. * ....................................................................................... .. fPIN/I/MYS/OI1 
Page 44 
2. State address of business premises (including branches) where the sale at 
cheap sale price is going to be held: 
3. State the duration of the intended sale at cheap sale price to be held: 
From ............................................. until ..................... : ........................... . 
4. State how many times have *you/your company submitted any application 
to have a sale at cheap sale price in the current year: 
5. State how many times has your application in No. 4 above been approved 
and state the dates: 
6. State the purpose of having this sale at cheap sale price: 
7. PARTICULARS OF THE GOODS WHICH ARE INTENDED TO BE SUPPLIED OR 
OFFERED TO BE SUPPLIED AT CHEAP SALE PRICE: 
(a) State the percentage of the goods which are intended to'be supplied 
or offered to be supplied at cheap sale price in the said premises 
. .............. ...... ..... ................ ..... ............ ....... ..... .... .... (The computation 
of percentage should be based on the whole volume of the goods 
that are displayed in the said premises.) 
Cb) Particulars of the goods are to be listed as follows 
Item (Please submit particulars of goods for each and every business 
premises (including branches). Please use annexures if the columns 
are not sufficient). 
Business Particulars of goods The price at which the 
(appropriate designation. goods were previollsly 
address brand name and weight! supplied or offered Cheap sale price 
volume/quantity/capacity) to be supplied 8. AFFIRMATION IP/Nll/MYS/O/l 
Page 45 
*IIW e hereby declare that an the particulars stated in this Form and any 
annexures are true and accurate. *I/we understand that any false statement 
made in this Form shall be an offence under the Trade Descriptions (Cheap 
Sale Price) Regulations 1987. 
(Signature) Company's Seal 
Name: ...................................................................... . 
Designation: ..................................................... ........ . 
I.C. No ..................................................................... . 
Dated: ....................................................................... . 
* Delete whichever is not applicable. IPlNllIMYS/OIl 
Page 46 
FORM 2 
TRADE DESCRIPTIONS ACT 1972 
TRADE DESCRIPTIONS (CHEAP SALE PRICE) REGULA T10:--JS 1987 
(Regulation 3A) 
APPROV AL FOR SUPPLY OR OFFER TO SUPPLY GOODS AT 
CHEAP SALE PRICE 
Approval is hereby granted to ........................................................................... . 
of ...................................................................................................................... .. 
to supply or offer to supply goods at cheap sale price at the following business 
premises ............................................................................................................ . 
with effect from ............................................. until .......................................... . 
( days) subject to the provisions of the Trade Descriptions (Cheap Sale 
Price) Regulations 1987 and the following conditions: 
ControllerlDeputy Controller/Authorised Assistant 
Controller of Trade Descriptions, 
Ministry of Domestic Trade 
and Consumer Affairs 
Dated ...................................... . 
Made the 13th May 1993. TRADE DESCRIPTIONS 
(MARKING OF NON-PRESSURE 
KEROSENE STOVE), 
ORDER 1991 IPINI1/MYS/OI1 
Page 47 IPlNlI/MYS/O/l 
Page 48 
TRADE DESCRIPTIONS (MARKING OF NON­
PRESSURE KEROSENE STOVE) ORDER 1991* 
WHEREAS by Gazette Notification No. 513 dated the 31st January 1991, notice 
was given of the intention to make an order under section 11 of the Trade 
Descriptions Act 1972; 
AND WHEREAS no objection was received by the Pengarah, Bahagian Hal 
Ehwal Pengguna, Tingkat 10, Blok 10, Kompleks Pejabat-pejabat Kerajaan, 
Jalan Dura, 50622 Kuala Lumpur against the making of such an order: 
1. Citation and commencement. 
This Order may be cited as the Trade Descriptions (Marking of Non· 
Pressure Kerosene Stove) Order 1991 and shall come into force on the 1st 
October 1991. 
2. Words or mark to be displayed on the non-pressure kerosene stove. 
(1) Every non-pressure kerosene stove supplied or offered to be supplied 
in the course of any trade or business shall have securely affixed, label or mark 
on the non-pressure kerosene stove, in a prominent position-
Ca) the words "COMPLYING WITH MS 971"; or 
(b) the standard mark for which a licence for the use of such a standard 
mark for non-pressure kerosene stove has been approved by the 
Council of Standards and Industrial Research Institute of Malaysia 
under the Standards and Industrial Research Institute of Malaysia 
(Incorporation) Act 1975. 
(2) Every non-pressure kerosene stove bearing the words or the standard 
mark as provided under subparagraph (1) (a) or (b) shall comply with Malaysian 
Standards MS 971. 
(3) The words "COMPLYING WITH MS 971" shall be in block letters of 
not less than 3 millimeters in height and shall be printed in a colour most 
conspicuous against its background. 
(4) The standard mark shall comply with the standard mark approved by 
the Council of Standards and Industrial Research Institute of Malaysia. 
3. Prohibition. 
No person shall in the course of any trade or business supply or offer to 
supply any non-pressure kerosene stove which does not comply with the 
requirements of this Order. 
Made the 23rd day of April 1991. 
*Pubfished as P.U. (A) 20411991. DATO' ABU HAsSAN BIN HAll OMAR, 
Minister of Domestic Trade 
and Consumer Affairs TRADE DESCRIPTIONS 
(ARTICLES MADE OF PRECIOUS 
METALS) REGULATIONS 1994 IPlNllIMYS/OI1 
Page 49 IPlNllIMYS/O/I 
Page 50 
TRADE DESCRIPTIONS (ARTICLES MADE OF 
PRECIOUS METALS) REGULATIONS 1994 
ARRANGEMENT OF REGULA DONS 
Regulation 
1. Citation and commencement. 
2. Interpretation. 
3. Trade descriptions in relation to standard of fineness. 
4. Standard of fineness to be marked on article. 
5. Making of article which consists of parts of different standards of 
fineness. 
6. Marking of article made of two or more precious metals. 
7. Soldering of article. 
8. False trade description. 
9. Receipt. 
10. Plated article. 
11. Exemption. 
12. Offences. 
FIRST SCHEDULE. 
SECOND SCHEDULE. IPIN11/MYS/0/1 
Page 51 
TRADE DESCRIPTIONS (ARTICLES MADE OF 
PRECIOUS METALS) REGULATIONS 1994* 
IN exercise of the powers conferred by paragraph 38A (e) of the Trade 
Descriptions Act 1972, the Minister makes the following regulations: 
1. Citation and commencement. 
These regulations may be cited as the Trade Descriptions (Articles made 
of Precious Metals) Regulations 1994 and shall come into force on the 
1st August 1995. 
2. Interpretation. 
In these Regulations, unless the context otherwise requires-
"marked" includes engraved and stamped; 
"precious metal" means gold, silver or platinum in its fine form or gold, 
silver or platinum alloy; and 
"standard of fineness", in relation to articles made of precious metals, 
means the number of parts by weight of fine gold, silver or platinum in 
one thousand parts by weight of precious metal. 
3. Trade description in relation to standard of fineness. 
(l) A trade description used in the course of trade or business in relation 
to the standard of fineness of an article made of precious metal shaH be 
as foHows: 
Ca) in relation to gold, it shall only be as that specified in Part I of 
the First Schedule; 
(b) in relation to silver, it shaH only be as that specified in Part H 
of the First Schedule; and 
(c) in relation to platinum, it shall only be as that specified in Part 
Hr of the First Schedule. 
(2) Where an article made of precious metal is of a fineness higher than 
a standard of fineness specified for that precious metal in the First Schedule 
but lower than the next higher standard, the standard of fineness of such 
article shall be the nearest lower standard as specified in that Schedule. 
(3) An article of a standard of fineness less than that of the minimum 
standard of fineness as specified in the First Schedule shall not be referred 
to by the name of gold, silver or platinum. 
*Published as PU (A) 292/94. IPlNllIMYS/O/l 
Page 52 
4. Standard of fineness to be marked on article. 
(1) Every article made of precious metal that is supplied or offered for 
supply by any person in the course of trade or business shall clearly and 
indelibly be marked in Arabic numerals indicating the standard of fineness 
of the precious metal content as specified in the First Schedule. 
(2) Notwithstanding subregulation (l) and the provisions of regulation 
3, and article made of precious metal of gold of a standard of fineness of 
916.6 shaH be marked as 916 only. 
(3) Each numerical mark specified in subregulation (1) shall not be smaller 
than 0.6 millimetre in height and breadth. 
(4) This regulation shaH not apply to any article which is less than 1.5 
grammes in weight and is of a size which is so small or thin as to render 
the marking thereof impracticable. 
5. Marking of article which consists of parts of different standards of 
fineness. 
Where an article made of precious metal of gold or silver consists of 
parts which are of different standards of fineness, each part shaH be marked 
as required under these Regulations as if it was a separate article. 
6. Marking of article made of two or more precious metals. 
(1) Where an article is made of two or more precious metals and more 
than fifty per cent by weight of the article is of one precious metal-
(a) the standard of fineness of that predominant precious metal shaH 
be marked on the article; and 
(b) the other part or parts shall be described in the receipt issued under 
regulation 9. 
(2) The provisions of paragraph (l)(b) shall not in any manner derogate 
from, and shaH be without prejudice to any other requirements set out under 
regulation 9. 
7. Soldering of article. 
(1) The use of solder in respect of an article made of precious metal of 
gold shaH be as follows: 
(a) if an article is of a standard of fineness of 999, the fineness of 
the solder used shall not be less than 950 parts per thousand; 
(b) if an article is of a standard of fineness of 950, the fineness of 
the solder used shall not be less than 875 parts per thousand; 
(c) if an article is of a standard of fineness of 916.6, 875 or 835, the 
fineness of the solder used shall not be less than 835 parts per 
thousand; and IP/N/l/MYS/OI1 
Page 53 
(d) if an article is of a standard of fineness below 835, the fineness 
of the solder used shall be of the same standard of fineness as 
the article. 
(2) If an article is made of precious metal of silver. the fineness of the 
solder used shall not be less than 650 parts per thousand. 
(3) If an article is made of precious metal of platinum, the fineness of 
the solder used shall be at least 995 parts per thousand of a combination 
of gold, silver, platinum or palladium subject to a minimum gold content 
of not less than 450 parts per thousand. 
8. False trade description. 
A trade description which indicates the standard of fineness of articles 
made of precious metals shall be a false trade description if that indication 
is false to any extent or degree, except as otherwise allowed by these 
Regulations. 
9. Receipt. 
(1) Any person who in the course of trade or business supplies or offer 
to supply any article made of precious metal shan, at the time of the supply, 
deliver to the person to whom the article is supplied a receipt which shall 
contain the fonowing particulars: 
(a) the full name and address of the supplier; 
(b) the date of purchase; 
Cc) the name and type of the article; 
(d) the standard of fineness of the article; 
(e) the price of the precious metal per gramme; 
if) the weight of the article; 
(g) the price of the article; 
(h) the cost of workmanship (if any); 
(i) the signature of the sales personnel; and 
(j) a description of the parts of the article consisting of a precious 
metal of different standards of fineness, if appropriate. 
(2) Where an article comprises parts made of precious metal and some 
others of which are made of other metal, the receipt shall also contain a 
description of the parts of the article made of precious metal and a further 
description of the parts comprising the other metal. 
(3) The Particulars required under subregulation (I) shall be in the national 
language. 
(4) A supplier shall retain a copy of the receipt issued under this regulation 
for a period of one year after the date of its issuance. IPIN/lIMYS/O/1 
Page 54 
10. Plated article. 
(1) Where an article is plated with gold, silver or platinum, the word 
"gold", "silver" or "platinum" shall not be used on that article unless the 
word "plated" is used together with the word "gold", "silver" or "platinum". 
(2) The word "plated" referred to in subregulation (1) shall be at least 
as large as the word "gold", "silver" or "platinum", as the case may be. 
(3) The plated articles shall not bear any of the markings mentioned in 
regulation 4. 
11. Exemption. 
These Regulations shaH not apply to the following: 
(a) articles listed in the Second Schedule; and 
(b) articles made of precious metals manufactured for the purpose of 
export. 
12. Offences. 
Any person who contravenes or fails to comply with any provisions of 
these Regulations shaH be guilty of an offence. 
FIRST SCHEDULE 
(Regulations 3) 
STANDARD OF FINENESS OF PRECIOUS METALS 
PART I 
GOLD/GOLD ALLOY 
999 
950 
916.6 
875 
835 
750 
585 
375 
PART II 
SIL VERISILVER ALLOY 
958.4 
925 
830 
800 
PART HI 
PLA TINUM/PLATINUM ALLOY 
950 SECOND SCHEDULE 
(Paragraph 11 (a) 
ARTICLES TO WHICH THESE REGULATIONS 
DO NOT APPLY IPlNll/MYS/O/l 
Page 55 
1. Any coin made of precious metal which is or was formerly at any time 
the current coin of Malaysia or of any other country. 
2. Any article made of precious metal which has been used or is intended 
to be used for medical, dental, veterinary, scientific or industrial purpose. 
3. Any gold thread. 
4. Any raw material of precious metals (including any bar, ingot, plate, 
sheet, foil, wire, strip, or tube) or bullion. 
S. Any article made of precious metal manufactured before the date of 
coming into force of these Regulations. IP/N/I/MYS/O/l 
Page 56 
TRADE DESCRIPTIONS 
(COMPOUNDING OF OFFENCES) 
REGULATIONS 1994 IPIN!l/MYS/OIl 
Page 57 
TRADE DESCRIPTIONS (COMPOUNDING OF 
OFFENCES) REGULATIONS 1994 
ARRANGEMENT OF REGULATIONS 
Regulation 
1. Citation and Commencement 
2. Compoundable offences. 
3. Amount of compound payable. 
4. Payment of compound. 
S. Forms for offer to compound and acceptance. 
SCHEDULE. IPINI1 IMYS/OI 1 
Page 58 
TRADE DESCRIPTIONS (COMPOUNDING OF 
OFFENCES) REGULATIONS 1994* 
IN exercise of the powers confened by section 38A of the Trade Descriptions 
Act 1972, the Minister makes the following regulations: 
1. Citation and commencement. 
These regulations may be cited as the Trade Descriptions (Compounding 
of Offences) Regulations 1994 and shall come into force on the 1st April 
1994. 
2. Compoundable offences. 
All offences under the Act and the Trade Descriptions (Cheap Sale Price) 
Regulations 1987 may be compounded. 
3. Amount of compound payable. 
(1) The amount of compound payable in respect of a compoundable 
offence shall not exceed fifty percentum of the amount of the maximum 
fine that may be imposed for that offence. 
(2) Where the amount specified in the offer to compound is not paid within 
the time specified in the offer, or any extension of it which the Controller 
or the Deputy Controller may grant, prosecution for the offence shaH be 
instituted without further notice given. 
4. Payment of compound. 
(1) Where an offer to compound any offence is made and accepted, 
payment shall be made to the Controller or the Deputy Controller in cash 
or by money order, postal order or banker's draft made payable to the 
Controller of Trade Descriptions. 
(2) An official receipt for such payment shall be issued to the person 
to whom the offer to compound was made. 
5. Forms for offer to compound and acceptance. 
(1) An offer to compound shall be made in Form I of the Schedule. 
(2) The acceptance of the offer to compound shaH be made in Form n 
of the Schedule. 
*Published as PU(A) 96/94. SCHEDULE 
(Regulation 5) 
TRADE DESCRIPTIONS ACT 1972 
TRADE DESCRIPTIONS (COMPOUNDING OF OFFENCES) 
REGULATIONS 1994 
FORM I 
OFFER TO COMPOUND 
Controller/Deputy Controller* 
of Trade Descriptions, 
Enforcement Division, 
Ministry of Domestic Trade 
and Consumer Affairs, 
To: IP/N/l/MYS/OIl 
Page 59 
Branch ....................................................... Place ................................................ . 
Police Report No ....................................... Date ............................................. . 
Branch Report No ............................................ . 
SirlMadam, 
A report has been made against you alleging that you have committed the 
following offence under section/regulation * .................................................. . 
of the Trade Descriptions Act 1972/Trade Descriptions (Cheap Sale Price) 
Regulations 1987*: 
Date ........................................... Time .......................................... a.mlp.m. * 
Place ............................................................................................................... . 
Offence+ ......................................................................................................... . 
2. You are hereby informed that by virtue of the powers vested in me by 
section 21A of the Trade Descriptions Act 1972, I am prepared, and hereby 
offer to compound the offence for a sum of RM .............................. (Ringgit 
Malaysia ....................................................... ) If this offer is accepted, pay-
ment must be made by cash, or by money order, postal order or banker's 
draft made payable to the Controller of Trade Descriptions to the office quoted 
above. An official receipt will be issued. IPINIJ/MYS/OIl 
Page 60 
3. This offer will remain in force for. .......................................... days from 
the date of this notice and if no payment is made within that period, pros­
ecution will be instituted without further notice . 
Date 
"' Delete whichever is 
+ Give details. .... . . .. . . " ....... " " . ~ ......... " .. " ........ " ... ,.". " " .......... " " " " ........ " "" .... " .... 
Controller/Deputy Controller* 
of Trade D~scriptions 
TRADE DESCRIPTIONS ACT 1972 
TRADE DESCRIPTIONS (COMPOUNDING OF OFFENCES) 
REGULA nONS 1994 
FORM n 
ACCEPT ANCE OF COMPOUND 
To: 
ControHerlDeputy ControHer* 
of Trade Descriptions, 
Enforcement Division, 
Ministry of Domestic Trade 
and Consumer Affairs, 
In reply please quote: 
Branch ....................................................... Place ................ ............................... .. 
Police Report No ....................................... Date ...................................... ....... . 
Branch Report No ........................................... .. 
ControllerlDeputy Controller* of Trade Descriptions. 
I refer to the offer to compound in your letter bearing reference 
number.. ......................... and dated ............... .............. I accept the offer and 
enclose herewith cash/money order/postal order/banker's draft 
No. * ........................................... for the sum of RM ...................................... . 
(Ringgit Malaysia ........................................................................... ) in full 
settlement of the compound. 
Signature ........................................................... . 
Name (Block Letters) ....................................... . 
Address ........................................................................ . 
Date .............................................................................. . 
"'Delete whichever is inapplicable. IP/N/J/MYS/O/l 
Page 61 
TRADE DESCRIPTIONS 
(ASSIGNATION OF THE MEANING OF 
THE EXPRESSION "Y2K") ORDER 1999 IP/N/lIMYS/O/l 
Page 62 
TRADE DESCRIPTIONS (ASSIGNATION OF THE 
lVIEANING OF THE EXPRESSION "Y2K") ORDER 1999* 
IN exercise of the powers conferred by section 10 of the Trade Descriptions 
Act 1972, the Minister makes the following order: 
1. Citation and commencement. 
(1) This order may be cited as the Trade Descriptions (Assignation of 
the Meaning oftheExpression "Y2K") Order 1999. 
(2) This Order shall come into operation on 15 August 1999. 
2. Acronym "Y2K". 
In this Order, "Y2K" is the acronym for the expression "Year Two 
Thousand". 
3. Meaning of the expression "Y2K". 
The expression "Y2K" when used in relation to any goods in the course 
of trade or business as a trade description or as part of a trade description 
shall be deemed to be an indication that-
(a) the goods in relation to which such expression is used are capable 
of accurately processing, providing or receiving date data from, into 
and between the twentieth and twenty-flrst centuries, including the 
years 1999 and 2000, and leap year calculations; and 
(b) the goods in relation to which such expression is used are able to 
perform all the electronic or related functions for which they are 
intended to perform and the changing of the year 1999 to 2000 will 
not in any manner cause any interruption, inconsistency or failure 
in their operation. 
Made 31 July 1999. 
*Published as PU(A) 331199. 