Plant, plant products and regulated articles

Member: 

Basic information

1

Outline of the system

The Department of Malaysian Quarantine and Inspection Services (MAQIS) is the Competent Authority under the Malaysian Quarantine and Inspection Services Act 2011 (Act 728) for the issuance of the Import Permit (IP) for importation of plant, plant products and regulated articles into Peninsular Malaysia and Federal Territory of Labuan. The importation of plants, plant products and regulated articles to Sabah and Sarawak is subjected to import permit under Plant Quarantine Act 1976 (Act 167) and Plant Quarantine Regulation 1981. This import permit is administered by the Department of Agriculture, Sabah and Department of Agriculture, Sarawak respectively.

The Plant Quarantine Act 1976 amends and consolidates the laws relating to the control, prevention and eradication of agricultural pests, noxious plants and plant disease and to extend co-operation in the control of the movement of pests in international trade for matters connected therewith.

The Plant Quarantine Regulations 1981 were made pursuant to Section 23 of the Plant Quarantine Act 1976. It stipulates the requirement which must be met for the entry of plants, growing media, organic fertilizers, soil, living or dead organisms including micro-organism and any hosts of plant pest and/or carrier of plant pests into Malaysia, and at the same time for the prevention of entry of pests of quarantine importance into the country.

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Product coverage

Under the MAQIS Act 2011 (Act 728), Plant Quarantine Act 1976 (Act 167) and Plant Quarantine Regulations 1981, an import permit is imposed for the importation of the following:

- plant (except any processed plants; any plant or parts of plant used as packaging or packing materials; and any garbage, dunnage and pallet);
- fresh flowers and leaves, dried flowers and leaves, herbarium;
- fresh betel leaves (All varieties of Piper betel);
- fresh fruits of mangoes (Mangifera spp.), oranges and limes (Citrus spp.), banana (Musa spp.) and mangosteen (Garcinia mangostana) durian (Durio zibethinus);
- all species of fresh chillies from the genus Capsicum spp. (Family: Solanaceae);
- all grains and beans;
- cereals and grains imported from countries endemic from Khapra Beetle (Trogoderma granarium);
- all plant-based commodities intended for livestock or animal feed;
- tobacco leaves (Nicotiana tabacum);
- cotton (Gossypium hirsutum);
- growing media or any rooting compost;
- organic fertilizers;
- living or dead organisms including non-pathogenic micro-organisms;
- packing materials originated from jute and bamboo;
- products and plants of Palmae family;
- logs, lumber, and other wood articles; and
- minerals.

Importation of all commodities as listed below for processing or consumption from Thailand only:

- Rose apple (Syzygium samarangense);
- Sweet potato (Ipomea batatas);
- Taro/Dasheen (Colocasia esculenta);
- Groundnuts (Arachis hypogeae);
- Potato (Solanum tuberosum);
- Ubi kemili/Kembili (Coleus parviplorus);
- Lemon grass (Cymbopogon citratus);
- Bird/Hot pepper (Capsicum frutescens);
- Turmeric (Curcuma domestica);
- Ginger (Zingiber officinale);
- Greater galangal (Alpinia galangal);
- Yambean (Pachyrhizus erosus); and
- Kaffir lime leaves (Citrus hystrix).

Nature of licensing

Automatic

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If Automatic, administrative purpose

Non-Automatic

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If Non-Automatic, description of the notified Non-Automatic Licensing regime

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Products under restriction as to the quantity or value of imports

No, Act and Regulations to protect the Malaysian agriculture industry and environment from pests, diseases and invasive alien species by controlling or restricting the importation of plants which are host of quarantine pests and disease.

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Questions for products under restriction as to the quantity or value of imports

Not applicable.

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The system applies to products originating from which country?

The MAQIS Act 2011, Plant Quarantine Act 1976 and Plant Quarantine Regulations 1981 apply to imports from all countries, with the exception of countries in the American Tropics and countries endemic to disease of cocoa and/or Palmae family. The provisions under this category of goods are as follows:

The importation of plants and plant products (including those belonging to the species of Hevea) from the American Tropics or from any other country in which the South American Leaf Blight disease of rubber (SALB) is present or believed to be present and from countries endemic to disease of cocoa and plants of Palmae), is prohibited except where:

- importation of plants, plant products and any regulated articles may be allowed for research purposes, consumption, medicinal, processing or manufacturing purposes only on upon completion of a Pest Risk Analysis (PRA).

- such plant/plant products may be subjected to quarantine or treatment at a place approved by the Department of Agriculture i.e. places outside the South East Asia and Pacific Region, American Tropics, African Cocoa Region or any other region or country where the SALB or virus or any other diseases of cocoa and/or plants of Palmae is present or believed to be present and are accompanied by a Phytosanitary Certificate to that effect and signed by the officer-in-charge of the place of such quarantine treatment.

Note:

"Director" means the Director General of Agriculture for Peninsular Malaysia whose responsibility extends to the Federal Territory of Labuan, the Director of Agriculture for the State of Sabah or the Director of Agriculture for the State of Sarawak, as the case may be.

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Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

All persons, firms and institution are eligible to apply for Import Permit.

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Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Department of Agriculture

Documentation requirements

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What information is required in applications?

The importer may approach the Department of Agriculture directly for information on the components and details related to the importation of plants and regulated articles, where the officer will advise the appropriate form for completion. The address for correspondence is:

For Peninsular Malaysia and Federal Territory of Labuan:

Plant Biosecurity Division
Department of Agriculture
Levels 1 – 3, Wisma Tani Kuala Lumpur,
Jalan Sultan Salahuddin,
50632 Kuala Lumpur
Malaysia

For Sabah:

Biosecurity and Plant Quarantine Section
Department of Agriculture Sabah
Level 1, Wisma Pertanian Sabah
PO Box 2050
88632 Kota Kinabalu
Sabah, Malaysia

For Sarawak:

Plant Biosecurity and Quarantine Division
Department of Agriculture Sarawak
Annex Complex, Jalan Kumpang, Off Jalan Ong Tian Swee
93200 Kuching
Sarawak, Malaysia

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What documents is the importer required to supply with the application?

In certain circumstances, general information, pest and disease of the plant, method or eradicating or controlling these pest and disease and any other relevant information will be required.

Window of submission of an application

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How far in advance of importation must application for a licence be made?

Application for the import permit should be made one month before the arrival of the goods to allow time for any necessary checks regarding information on the goods to be imported.

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Import permits may be issued in any period of the year.

Issuing the license

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Can a licence be granted immediately on request?

It will not be possible to issue import permit immediately on request for any agriculture consignment.

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Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

This will also allow the importer to send a copy of the import permit to the country of export for necessary arrangement by the exporter and the Quarantine Authority according to the conditions attached to the permit. Import permits can be obtained through online application (E Permit: http://epermit.dagangnet.com) within five (5) working days after the date of application, provided that the goods have not arrived at the point of entry.

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Which administrative body is responsible for approving application of licences?

Applications for an import permit for plants and related goods into Malaysia involve a single approach to appropriate components (Peninsular Malaysia, Sabah and Sarawak) of the Plant Quarantine Branch of the Department of Agriculture.

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Must the applications be passed on to other organs for visa, note or approval?

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Are there any other conditions attached to the issue of a licence?

Conditions may be imposed on the permit regarding:
- treatments required;
- additional declaration on certain quarantine pests and diseases; and
- post-entry requirements.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

Yes.

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What is the amount of the fee or charge?

A fee of RM15 shall be charged for the issuance of an import permit in respect of a consignment. Where importations require phytosanitary measures such as periods of quarantine containment or treatment, e.g. spraying, fumigating, cleaning, to eliminate the risk of entry of pests, disease etc. into Malaysia, the importer will be required to bear the costs of such actions. Specific details of charges may be obtained from the appropriate permit issuing authority.

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Is there any deposit or advance payment required associated with the issue of licences?

No.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

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Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

None.

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Are the reasons for any refusal given to applicants?

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Have applicants a right of appeal in the event of refusal to issue a licence?

Yes applicants have a right to appeal.

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If so, to what bodies and under what procedures?

The applicant has the right to appeal either to Director General of Agriculture for Peninsular Malaysia and Federal Territory of Labuan, Director of Agriculture for Sabah or Director of Agriculture for Sarawak.

Importation

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Are there any limitations as to the period of year during which importation may be made?

Import permits may be issued in any period of the year.

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What documents are required upon actual importation?

Import permits must be obtained prior to importation and are required on importation. For plants, planting materials and regulated articles besides an import permit, a phytosanitary certificate from the exporting countries is required upon importation. For soil, growing and rooting media (refers to peat, compost, moss, etc.) living or dead organisms, besides an import permit, sanitary certificates are required upon importation. All logs, lumber and other wood article are subjected to import permit and phytosanitary certificate.

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Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Pest Risk Analysis (PRA) shall be conducted and completed on the following categories of commodities before the issuance of Import Permit:

(i) First time import application of any new commodity or new form of a commodity into Malaysia;
(ii) Import application for existing commodity from a new country of origin; and
(iii) Current approved commodities upon receiving information on changes of phytosanitary status in the country of origin and pest interception incidences during importation of the existing importation of allowed commodities.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

An import permit is valid for a period of three (3) months from the date it is issued except for matured coconut, fresh coconut meat (for consumption) and samples of organic fertilizer (for import pre-approval analysis) which is only valid for one 1 month.

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Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No.

Foreign Exchange

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Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

51

Is a licence required as a condition to obtaining foreign exchange?

Not applicable.

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Is foreign exchange always available to cover licences issued?

Not applicable.

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What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.