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2 Interpretation
In these Regulations, unless the context
otherwise requires
"Control Area" means an area which
has been specified as a Fish Marketing Control Area under regulation
4(1);
"deal" means purchase, sell or
consign and includes offer or expose for sale or keep for sale and
auction;
"export" means to take or cause to
be taken out of the Control Area any fish by land, sea or air, in a
conveyance, vessel or an aircraft;
"fish"
includes any of the varieties of marine, brackish water or fresh water
fishes, crustacea, aquatic mollusca, marine sponges, trepang and other
aquatic life and the products therefrom, but does not include turtles or
their egg;
"import" means to bring or cause to
be brought into the Control Area any fish by land, sea or air, in a
conveyance, vessel or an aircraft;
"Lembaga" means the Lembaga Kemajuan
Ikan Malaysia established under section 3 ofthe Lembaga Kemajuan IkanAct
1971 [Act 49];
"processor" means any person who
engages in activities which involve changing fresh or wet fish into
another form or product.
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3
Fish Marketing Control Area and wholesale fish market
(1) The Lembaga may, from time to time by notification in
the Gazette
(a) specify an area as a Fish Marketing Control Area; and
may
(b) declare a place or places within such Control Area as
the
Lembaga deems fit as a wholesale fish market.
(2) For the purpose of this regulation the term
"place" includes a landing point from the sea or
inland water, a jetty, space or spot (whether open or enclosed)
or a building or part of a building.
(3)
For the purpose of this regulation a Control Area may be
identified, if necessary by refering to a plan which is to be
deposited with the Director of Survey for the State in which the
Control Area is situated.
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4
Control of Dealings
(1) No person shall
(a) deal in any fish within a Control Area unless he is
licensed to do so;
(b) where a wholesale fish market has been declared under
regulation 3(1)(b), deal in any fish within the Control Area
otherwise than at such wholesale fish market; or
(c) deal in fish within a Control Area otherwise than in
the manner determined under regulation 8.
(2) The provisions of paragraph (1) shall not apply to
any person who
(a) sells fish caught by himself; or
(b) sells fish processed by himself.
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4A
Control of import and export of fish
(1) No person shall import or export any fish
into or from a Control Area unless
he is licensed to do so.
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(2)
Any fish imported or exported as mentioned in
subregulation (1) shall pass through a legal
entry point or a legal exit point as may be
specified by the Lembaga from time to time.
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(3) Any person
who imports or exports any fish without a licence or in
breach of any of the conditions in the licence, shall be
guilty of an offence
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5
Exemption
(1)
The Lembaga may by notification in the Gazette exempt
processors, importers or exporters of fish, dealers in
cured fish or any other class of persons within any
Control Area from the requirements of regulation 4.
(2)
Where the Lembaga exempts any class of persons under
subsection (1) within any specified Control Area from
the requirements of regulation 4, it may require such
persons to register with the Lembaga and to give in such
manner as the Lembaga may specify such information as it
may deem necessary.
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6
Licensing
(1)
An application for the issue or renewal of a licence
mentioned in regulation 4(1)(a) or 4A(1) shall be made
in the form as specified by the Lembaga from time to
time.
(2) The licence to deal to be issued by the
Lembaga shall be in the form as
specified by the Lembaga from time to time.
(3)
A licence issued or renewed in pursuance to paragraph
(1) shall, subject to regulation 7, be valid for a
period of one year and may be subject to such terms and
conditions as may from time to time, and at any time, be
imposed by the Lembaga.
(4)
The Minister may from time to time prescribe the fee
which shall be payable to the Lembaga in respect of
every licence so issued or renewed; and the Minister may
prescribe different fees in respect of licences issued
by the Lembaga for different areas.
(5)
A licence issued by the Lembaga shall be valid for the
Control Area or Control Areas specified therein only.
(6)
Any person who immediately before the coming into force
of these Regulations holds a licence issued under the
Fish Marketing Scheme prescribed under section 5 of the
Federal Agricultural Marketing Act 1965 [Act 49 of
1965] shall, until the expiry of such licence, be
deemed to be licensed to deal under these Regulations;
provided that such person shall be subjected to the
provisions of these Regulations.
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7
Revocation of licence
(1)
If it appears to the Lembaga that any person duly
licensed under the provisions of these Regulations has
contravened or failed to comply with any provision
ofthese Regulations or any ofthe terms and conditions of
any licence issued to him thereunder, the Lembaga may
call upon such person to show cause why any licence or
licences held by him under these Regulations should not
be revoked.
(2)
Any person called upon to show cause under the
provisions of subparagraph (1)
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(a)
shall be supplied by the Lembaga with the
particulars, in writing,
of the contravention or non-compliance
complained of; and
(b) may, if he so desires, appear in
person or be represented by any
person authorised by him in writing, at a
hearing before the
Lembaga.
(3)
If after such hearing, the Lembaga is of the
opinion that the person called upon to show
cause has contravened or failed to comply with
any of the provisions of these Regulations or
any of the terms and conditions of any licence
issued to him thereunder, the Lembaga may revoke
any licence or licences held by him under these
Regulations.
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8
Methods of sales
(1)
Subject to the provision of these
Regulations, no fish shall be dealt with
in any wholesale market declared under
regulation 3 except by way of auction,
private treaty or by such other method
as the Lembaga may determine by way of
conditions in the licence.
(2)
Where sales are by auction the
provisions of regulations 10 to 13 shall
apply.
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9
Exemption from regulation 4
Notwithstanding
any provisions in these Regulations the
Lembaga may within any Control Area deal
in any fish in any manner either as the
wholesale fish market or anywhere else.
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10
Procedure of Auction
(1) Any lot offish for
auction shall, subject to
paragraph (4), be sold to the
highest bidder.
(2)
Where the highest bid is made by
two or more persons, the sale
goes to the person who made the
bid first and the auctioneer
shall decide who made the bid
first.
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(3) Where a reserve price had
been placed on a lot of fish and in the
bidding the reserve price is not
reached, the auctioneer shall declare
the fish unsold.
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(4)
Where the reserve price is fixed
by the auctioneer, and the fish
is unsold, the auctioneer shall
pay the owner of the fish a
price not less than the reserve
price.
(5)
Where the reserve price is fixed
by the owner or by the
auctioneer with the consent of
the owner, and the fish is
unsold, the auctioneer shall not
be held liable if the fish is
unsold .or subsequently sold at
a price lower than the reserve
price.
(6)
The commission to be charged by
the auctioneer for auctioning
fish shall not exceed five
percent of the price sold or any
other amount as may be
determined by the Lembaga for
the particular area.
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11
Cancellation of sale at an
Auction
(1)
The Lembaga may, if it considers
the auction was improperly or
unsatisfactorily conducted or
for any other reasonable cause,
cancel any sale of fish made at
the wholesale market and such
sale shall be void.
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(2)
In the event that a sale
of fish is cancelled by
the Lembaga, the Lembaga
may
(a) direct the
auctioneer to re-auction
the fish; or
(b) itselfre-auction
the fish.
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12
- Lembaga to be
sole auctioneer
Notwithstanding
any provision to
the contrary the
Lembaga may
declare itself
to be sole
auctioneer for a
specified
wholesale fish
market.
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13
Weighing of Fish
(1)
The Lembaga may
require that
dealings offish
at any wholesale
fish market to
be by weight or
where sale at
such fish market
is by auction,
require the
weight of the
lots to be
specified.
(2) The
weighing scales
to be used shall
be those types
approved by the
Lembaga.
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14
Movement of Fish
(1)
No person shall
convey fish from
one place to
another within
the Control Area
or between any
place within the
Control Area and
a place outside
it unless the
fish have been
obtained from or
are being
conveyed to a
wholesale fish
market.
(2)
The provisions
of paragraph (1)
shall not apply
to persons
mentioned in
regulation 4(2)
and those
exempted under
regulation 5.
(3)
Any person
conveying fish
obtained from or
to a wholesale
fish market may
be required to
supply in such
manner as the
Lembaga may
specify
information
regarding the
amount or specie
of fish conveyed
or from where it
was obtained or
any other
information as
the Lembaga may
require.
No fish may be
dealt with in
the wholesale
fish market
except within
the hours which
may be specified
by the Lembaga
with the
approval of the
Minister.
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16
Packing
of Fish
The
Lembaga
may
require
fish to
be dealt
with at
any
wholesale
market
to be
packed
in
containers
specified
by the
Lembaga
with the
approval
of the
Minister.
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17
Grading
(1)
The
Lembaga
with the
approval
of the
Minister
may
require
fish to
be
graded
according
to
species,
sizes
and
degrees
of
freshness
or
quality
before
sale.
(2)
The
standards
for
grading
shall be
those
which
may be
determined
by the
Standards
Institution
of
Malaysia. |
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18
Processors
of Fish
Notwithstanding
regulation
5,
processors
offish
whether
within a
Control
Area or
otherwise
may be
required
to
(a)
use only
the
types of
weighing
scales
approved
by the
Lembaga;
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(b)
purchase
fish
in
accordance
with
the
system
of
grading
mentioned
in
regulation
17
or
such
system
as
may
be
approved
by
the
Lembaga;
or
(c)
supply
in
such
manner,
as
the
Lembaga
may
specify
such
information as the Lembaga may deem necessary.
The
Lembaga
may
require
persons
licensed
under
regulation
4
to
supply
or
display
in
such
manner
as
the
Lembaga
may
specify
such
information
as
it
may
deem
necessary.
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KEMBALI