Basic information
Outline of the system
Importation and manufacture of pesticides for sale are controlled by the Pesticides (Registration) Rules 2005 under the Pesticides Act 1974. Any person who intends to import pesticide for sale must register and obtain a certificate of registration from the Pesticides Board of Malaysia. The importer of the pesticide must, at the point of import, provide the Royal Customs Department of Malaysia with a certified copy of the registration certification of the pesticide as provided for under the Customs (Prohibition of Imports) Order 2017.
Product coverage
All pesticides as defined under the Act, that are imported or manufactured for sale, have to be registered with the Pesticides Board.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
There is no restriction on the quantity of registered pesticide that may be imported. These rules are intended to ensure that pesticides imported are of good quality and at the same time not cause any adverse effect to man and the environment.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The rules apply to all pesticides imported from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Registration of pesticides is mandatory under the Pesticides Act 1974.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Application for pesticide registration may only be made by a locally registered company.
Is there a registration fee?
The registration fee for a product would depend on the hazard class of the pesticide in question i.e. Class 1a (RM5,000), Class 1b(RM5,000), Class II (RM3,500), Class III (RM2,500) and Class IV (RM2,000). The fee will be paid in two stages, i.e. RM1,500 upon submitting an application, and the balance (which is according to the hazard class assigned to the product) once the product has been approved and the registration certificate is given.
Is there a published list of authorized importers?
Products registered by the Board including the names of companies registering the products are published in the Government Gazette on a monthly basis.
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Pesticides Board of Malaysia
Documentation requirements
What information is required in applications?
Information required for registration is quite similar to that of the Food and Agriculture Organisation (FAO) Guidelines on Pesticide Registration and also those implemented in many other countries.
What documents is the importer required to supply with the application?
In addition, the applicant is required to submit technical data to support his application which includes:
- a letter of consent from the source of the product;
- a sample of the product and pesticide analytical standard;
- 4 sets of proposed draft labels; and
- a copy of pesticides registration certificate from country of origin (translated & stamped)
Window of submission of an application
How far in advance of importation must application for a licence be made?
The time required for processing an application before a product could be registered depends on how complete are the requirements specified under the Pesticides (Registration) Rules 2005. In general, it would take about 6 months or more.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
An application for registration can be done in any period of the year.
Issuing the license
Can a licence be granted immediately on request?
A certificate of registration cannot be granted immediately.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Goods arriving at the port without a registration would not be permitted to enter the country.
Which administrative body is responsible for approving application of licences?
Consideration for registration of pesticides is affected by only one administrative organ, i.e. Pesticides Board.
Must the applications be passed on to other organs for visa, note or approval?
The importer does not have to approach other administrative organs.
Are there any other conditions attached to the issue of a licence?
There are provisions for the Pesticides Board to specify conditions for registration of pesticides.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The applicant pays RM1,500 upon submitting an application and pays the balance according to the hazard class assigned once the product has been approved and the registration certificate is given. The application fee of RM1,500 is not refundable should the application be rejected. This fee is for the purpose of checking all data submitted and verifying that they meet the requirements of the Pesticides (Registration) Rules 2005.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Applications are rejected if they do not meet the requirements set by the Pesticides Board. Applications may also be rejected if, in the opinion of the Pesticides Board, the risks associated with the use of the products outweigh the benefits.
Are the reasons for any refusal given to applicants?
All applicants will be informed on the reasons why the applications are rejected.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
If an applicant is not satisfied with the decision of the Board not to register his product, he may appeal to the Minister of Agriculture and Food Industries whose decision shall be final.
Importation
Are there any limitations as to the period of year during which importation may be made?
An application for registration can be done in any period of the year.
What documents are required upon actual importation?
Upon actual importation, a certified true copy of the registration certificate has to accompany other documents as per the Customs Order. The certified true copy of the certificate should also include information on the amount imported, the port of entry, and the approximate date of the importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The applicant also has to fulfil other requirements of the Royal Customs Department of Malaysia.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Validity period is for five (5) years. A product has to be re registered to extend the validity of registration for another five (5) years.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.