Plant, plant products and regulated articles
- Document symbol
- G/LIC/N/3/MYS/16
- Original language
- English
- Published on
- 19/11/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another 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 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.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
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).
Q3. The system applies to goods originating in and coming from which countries?
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.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
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.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The controls on the importation of goods specified in this category are statutory requirements under the MAQIS Act 2011 Plant Quarantine Act 1976 and Plant Quarantine Regulations 1981.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
See answers 7.a-7.d.
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
How far in advance of importation must application for a licence be made?
For the applications to import plants, plant products and regulated articles that have not yet been approved by the Department of Agriculture (DOA) to Peninsular Malaysia, the importer needs to submit an application through online application (AgroTrade System by KPKM: https://agrotrade.kpkm.gov.my/login) for approval. Application for the import permit should be made before the departure of the goods to allow time for any necessary checks regarding information on the goods to be imported.
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 DagangNet: https://newepermit.dagangnet.com.my) (for Peninsular Malaysia) within five working days after the date of application, provided that the goods have not arrived at the point of entry.
The procedures are similar to those implemented by the Department of Agriculture (DOA) Sarawak. DOA Sarawak also use an online application system provided by the same service provider as MAQIS, but approvals are granted within three working days. For Sabah, import Permits can be obtained from Department of Agriculture Sabah through online application (Quarantine Information Services Application: https://qis-app.sabah.gov.my) and approval will be granted within four working days after the date of application, provided all documents requirement fulfilled.
Q7.b. Can a licence be granted immediately on request?
It will not be possible to issue import permit immediately on request for any agriculture consignment.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Import permits may be issued in any period of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Applications for an import permit for plants, plant products and regulated articles into Malaysia involve a single approach to appropriate components (Peninsular Malaysia, Sabah and Sarawak) of the Plant Quarantine Branch of the Department of Agriculture respectively.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes applicants have a right to appeal.
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.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
a) Not applicable.
b) All persons, firms and institution are eligible to apply for Import Permit.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
The importer may approach the Department of MAQIS For Peninsular Malaysia and Federal Territory of Labuan and Department of Agriculture, Sabah for Sabah and Department of Agriculture, Sarawak for Sarawak directly for information on the components and details related to the importation of plants, plant products 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:
Malaysian Quarantine and Inspection Services (MAQIS), Level 4, Menara 4G1, Wisma Tani
No. 28, Persiaran Perdana, Presint 4,
Pusat Pentadbiran Kerajaan Persekutuan,
62624 Putrajaya,
Malaysia
Plant Biosecurity Division
Department of Agriculture
Levels 1 – 3, Wisma Tani Kuala Lumpur,
Jalan Sultan Salahuddin,
50632 Kuala Lumpur
Malaysia
For Sabah:
Plant Biosecurity and Quarantine Section
Department of Agriculture Sabah
Level 1, Wisma Pertanian Sabah,
Jalan Tasik Luyang Off Jalan Maktab Gaya,
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
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.
Q11. 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.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes.
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 and fees subject to change.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Validity of an import permit is three (3)
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
a) Not applicable.
b) Conditions may be imposed on the permit regarding:
- treatments required;
- additional declaration on certain quarantine pests and diseases; and
- post-entry requirements.
Other Procedural Requirements
Q18. 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 by Department of Agriculture Peninsular Malaysia, Sabah and Sarawak 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.