The Idea Bank is a compilation of selected feedback by the public received through PEMUDAH Website which might be useful for information and reference purposes. The compilation includes complaints, inquiries and suggestions addressed to various Government Agencies which have been appropriately edited for general viewing.

Please also be informed that the information, relevant acts, rules and procedures provided therein may have been reviewed, revised or updated by the respective Government Agencies. You may want to visit the relevant websites for information or submit your inquiries through our  Feedback Form.

Feedback

I will be going into a joint venture with a European company. The initial set up of this company will mainly focus on trading of the chemical called “Food Grade Hydrogen Peroxide, H2O2“. Product Tariff Code is 28400000.

In Malaysia and other Asian countries, Hydrogen Peroxide is mainly known as a Cleaning Agent (Breeze), but in Europe, this product has already been developed and improved as Food Additive. Hence, for us to be able to market this product here, we need the Ministry of Health approval on this product to enable the use of the product in Food for killing germs, viruses and bacteria.

Kindly advice who and what we need to apply for? Would there be a one stop station where we could just submit all necessary information and the department will assist us in getting all the required approval and incentive for the application?

Reply

With regards to hydrogen peroxide, please be informed that all foods marketed and imported to Malaysia will have to comply with the requirements of Malaysian Food Act 1983 and Food Regulations 1985. Currently, hydrogen peroxide is not permitted to be used in food marketed and imported to Malaysia.

However application for new food additive for approval can be forwarded to this Division for consideration. It has to be supported with scientific justification and proper supporting documents. Addition to this, we also need approval of the usage of this product in other countries, including the Asian region.

We hope this information would assist you in considering the joint venture with the European Company to market this product.

Standard Development Section
Food Safety and Quality Division
Ministry of Health Malaysia
Level 3, Block E7, Parcel E
Federal Government Administration Center
62590 Putrajaya

Tel : +603-8883 2428
Fax : +603-8889 3815

( http://www.moh.gov.my )

General Line: 03-8883 3888

Feedback

Kindly assist to check which goverment bodies should I check with for the below request:

  1. Total quantity of import for kraft paper under HS code: 4804.41.0000 for the year of 2008 & 2009.
  2. Total quantity of import for Imprex Surface Films under HS code: 4811.59.9900.

Reply

Based on The Malaysian Trade Classification and Custom Duties Order 2009, the HS code for 4811.59.990 and 4804.41.000 would require import / export license from the Director General of Environmental Quality, Malaysia.

Feedback

I am an elctronic parts and household appliances importer and I would like to ask if Malaysia has already implemented the “The Restriction of Hazardous Substances (RoHS)” on all the electronic products and household appliances. If yes, please show me the regulation. If no, then when will Malaysia start to implement RoHs regulation?

Reply

Malaysia has adopted the EU RoHS Directive. The proposed legislation is drafted by Department of Environment, Malaysia. Once the proposed legislation is passed, the materials will be defined and are expected to be consistent with the EU’s RoHS directive. The effective date of the implementation is not defined yet and will be announced to the public when finalised.

Please check the website :  http://www.doe.gov.my

Feedback

Malaysia exports construction materials to other countries especially Singapore which:

  • Creates an artificial shortage in the country
  • Drives the price high creating inflation and causing dissatisfaction to the local population against the government for paying low salaries.
  • Damages local environment
  • Supports the competitor to develop F1 circuit, casinos etc.

Reply

  • Around 95% of clinker produced is consumed locally and around 5% of total clinker produced is exported.
  • There was no clinker export to Singapore in 2006.
  • Cement is a price controlled item under the purview of the Ministry of Domestic Trade and   Consumer Affairs (MDTCA).
  • Export of cement is subject to Export License (AP) issued by MITI, issued after taking into account supply and demand of cement in the country. AP is maintained to ensure sufficient supply to meet the domesticdemand.
  • Artificial shortage of cement may occur from time to time due to:
    • panic buying in anticipation of shortage;
    • breakdown of plants;
    • distributors and traders stocking more than normal requirement; and
    • Shortage of ships to transport cement and adverse weather conditions disrupting shipments particularly to East Sabah.

The Ministry of Natural Resources and Environment (NRE) is responsible for the issuance of permits for the export of aggregates, limestone, granite and quarry dust in accordance with the Customs (Prohibition of Exports) (Amendment) (No. 2) Order 2007 under the Customs Act 1967. However matters pertaining to licenses (quarry and mining licenses) to extract these resources fall under the jurisdiction of state governments and local authorities.

The NRE and its agency, the Department of Minerals and Geosciences (JMG – Jabatan Mineral dan Geosains) are constantly monitoring the export of the above resources. At the moment, Malaysia does not face shortage of these resources. In fact JMG works close with state/local authorities to ensure that domestic needs are met first before these materials can be exported. If there is evidence of shortage of these materials/resources to meet local needs, then the state or states concerned will impose a ban on the exports of the said resources/materials. Presently the proportion of exports in comparison to the available reserves is insignificant.

The Government is committed to the principles of sustainable development of the country’s natural resources. NRE has put in place various schemes and mechanisms to ensure that mining companies and quarry operators strictly adhere to the provisions/guidelines stipulated in the Mineral Development Act 1994 and State Mineral Enactments.Sustainable mining is the way forward.

Notwithstanding the abundance of natural resources available in Malaysia, NRE will take appropriate measures to safeguard national interests as reflected in the current ban on the export of natural sand (construction sand). In other words, if the need arises, the Government will not hesitate to take similar action with regard to the export of the resources/materials being mentioned.

Feedback

There are many EU directives on environment, safety and health such as Restriction of Hazardous Substances (RoHS), Waste of Electrical, Electronics Equipment (WEEE), End-of-Life Vehicle (ELV) and the latest being Registration, Evaluation and Authorisation of Chemicals (REACH). All MNC has a corporate department that monitors upcoming laws that may have an impact on their activities and products. Taking this into a perspective of a country,

    1. Which ministry and department in Malaysia are monitoring upcoming legislations around the world that may have impact on Malaysian industry? MITI? MOSTI?
    1. How are the anticipated impacts communicated to the concerned industry?
  1. Our corporate department of Environment, Safety and Fire Protection has heard that Malaysia is drafting a law similar to ELV. The department has requested a copy of the draft. We have approached a few associations such as FMM, SEAM and MICCI to no avail. We have also visited the webpage of Jabatan Peguam Negara and could find nothing on Malaysia ELV. Where can we obtain information of upcoming laws that are in the pipeline? Where can we obtain the draft in English?

Reply

On Sanitary and Phytosanitary Measures or SPS, the Ministry of Agriculture and Agro-Based Industry (MOA) is the WTO/SPS National Notification Authority. MOA monitors notifications notified by other member countries on SPS measures. MOA also notifies new measures adopted by Malaysia on SPS to the WTO. In addition to MOA, national enquiry points for SPS have also been established as follows:

  1. Department of Veterinary Services of Ministry of Agriculture and Agro-Based Industr
  2. Department of Public Health / Food Safety and Quality Division of Ministry of Health

On Technical Barriers to Trade (TBT), SIRIM Bhd. is the WTO/TBT Enquiry and Notification Point. SIRIM publishes TBT notifications from other members at its website http://www.sirim.my/WTO/main.htm. Those wishing to give feedback on a proposed regulation may do so through SIRIM. Alternatively, those interested may request SIRIM to alert them via e-mail on changes to regulations of sectors of their interest. This service is called Export Alert!

Measures that are notified at the WTO or measures undertaken by major markets such as EU are monitored by MITI offices overseas. The information received is relayed to MITI Headquarters and its agencies, Ministries concerned as well as trade and industry associations. The relevant ministries monitoring these issues will also inform relevant parties directly or through consultations with industry associations.

As the chemical management is under the purview of many government agencies, coordination can be an issue. MITI is involved directly in the implementation of GHS as the Chair for the National Coordinating Committee, with DOSH, MOT, Pesticides Board, Ministry of Domestic Trade and Consumers Affairs as the lead agencies in various related areas. As for the EU-REACH regulation, MITI is the Chair for the Steering Committee on REACH implementation in Malaysia.

For your information, the Institute for Environment and Development (LESTARI), Universiti Kebangsaan Malaysia is cooperating with Conservation and Environment Management Division, Ministry of Natural Resources and Environment(NRE) to form the Malaysian Network for Integrated Management of Chemicals and Hazardous Substances for Environment and Development (MyNICHE). Should BOSCH need further clarification, they can contact CICM or Unit Kimia and Petrokimia, MITI for information on GHS and REACh.

Disclaimer : Malaysia Productivity Corporation ( MPC) shall not be liable for any loss or damage caused by the usage of any information obtained from this web site.
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Last Updated: 16 January 2017
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