Page 86 - ANUAL REPORT MOH 2017

Penalty for creating conditions that may harbor disease-bearing insects is at RM 10,000.00 in case
of a first offence. While for second or subsequent offence, the amount of fine is not exceeding RM
50,000.00 or imprisonment not exceeding five (5) years or both. The highest penalty for this offence
was issued by Kuala Lumpur Court, Jalan Duta amounting to RM 45,000.00 to a company director.

Prevention and Control of Infectious Diseases Act 1988
Law enforcement in Infectious Disease Control has gained momentum in Malaysia with the rise in
focused enforcement activities. Enforcement in this area includes inspection of nurseries that has been
identified as harboring infectious disease. Whenever Food Poisoning, Hand, Foot and Mouth Disease,
Leptospirosis or other infectious diseases are notified to a District Health Office, premise inspection
will be carried out by authorized officers. Even though 1919 premises were inspected in the year 2017
compared to 7672 premises in 2016 as in Table 11, yet the number of premises given closure order
has risen in percentage from 7.2 per cent in 2016 to 24 per cent in 2017. This indicates a focused
enforcement activity under this Act.
Table 11
Enforcement of Prevention and Control of Infectious Diseases Act

Premise Premise Compound Compound paid for
Year
inspected closure issued offences (RM)
2013 2,106 318 (15%) 10 3,400
2014 5,055 368 (7.3%) 24 4,850
2015 8,737 275 (3.1%) 5 1,400
2016 7,672 555 (7.2%) 23 7,450

2017 1,919 461 (24%) 26 9,600
Source: Public health Development Division, MoH

Compounding of offenses was highest in 2017 with 26 compounds issued due to the failure to notify
infectious diseases to the nearest Public Health Office. A total compound of RM 9600.00 was collected
from the medical practitioners who committed the offense. In 2013, only 10 compounds were issued
compared to 26 compounds in the year 2017.

Control of Tobacco Products Regulations 2004
The Control of Tobacco Products Regulations 2004 (CTPR) is a subsidiary law under the Food Act
1983. CTPR regulates among others the prohibition of advertising, promoting, sponsorship and free
offer of tobacco products. Sale of tobacco products to minors is an offence which is granted as non-
compoundable by the Attorney General Office. In a major prosecution, an offender was sentenced
to jail terms for selling cigarette to school children. Other offences include selling cigarettes without
prior approval, selling cigarette as loose sticks, online sale, smoking prohibition signage and sale of
cigarettes without pictorial health warning.

A minor (under eighteen years old) is prohibited to possess any tobacco product. An act of a minor
smoking tobacco products or chewing them is an offence under Regulation 13 of CTPR. Under these
regulations, smoking in prohibited areas is an offence that is regularly monitored by enforcement officers.
Highest number of offences under this rule was recorded in 2017 with 23,531 compounds issued and
RM 2.5 million collected as compound payment.

MINISTRY OF HEALTH MALAYSIA ANNUAL REPORT 2017 85