New Subsidiary Legislation on Price Marking

The Price Control and Anti-Profiteering (Price Marking for Goods and Charges for Services) Order 2020 (‘the Order’) was gazetted on 30 October 2020.  The Price Control (Indication of Price by Retailer) Order 1993 (‘1993 Order’) will be revoked when the Order comes into operation on 15 November 2020.
 
A summary of the provisions of the Order is set out below.
 
Price Marking of goods
 
Order 2 of the Order provides as follows:
 
  1. Every retailer of goods is required to affix labels, tags or marks (‘Price Tag’) on the goods, or the bags or containers of such goods indicating the cash price per unit, per unit weight or measure of such goods, which are displayed whether for sale or as samples of goods for sale at a retailer’s premises.
  1. Where it is not practicable to affix a Price Tag on the goods or the bags or containers of such goods due to the nature or size of the goods, the retailer is to display a list (‘Price List’) describing the goods so as to be sufficiently identifiable and to indicate the price per unit, per unit weight or measure of the goods.
  1. The prices of the goods referred to in paragraphs (1) and (2) above are to be in Ringgit Malaysia and the value in numbers.
  1. The Price Tag or Price List, as the case may be, shall be:
  1. in Bahasa Malaysia or if the Price Tag or Price List is not displayed in Bahasa Malaysia, to have a translation in Bahasa Malaysia; and
  1. of such size and colour so placed as to be conspicuous to any intending purchaser of the goods.
  1. Where the recommended retail price of the goods appear on any part of the goods, such recommended retail price will not form part of the marking price of the goods under the Order.
The obligations imposed on a retailer under Order 2 of the Order are substantially similar to those under the 1993 Order except for the requirement in paragraph (5) above which is a new requirement.
 
Price marking of charges for service
 
Order 3 of the Order provides as follows:
 
  1. Any person who offers to supply any services for businesses prescribed under the Price Control and Anti-Profiteering (Prescribed Business) Regulations 20171 is required to display a list of services and charges for those services.
  1. The charges of the services referred to in paragraph (1) above are to be in Ringgit Malaysia and the value in numbers.
  1. The list of services and charges shall be:
  1. in Bahasa Malaysia or if the list of charges and services is not displayed in Bahasa Malaysia, to have a translation in Bahasa Malaysia; and
  1. of such size and colour so placed as to be conspicuous to any person intending to use or subscribe for the service.
Pricing system device
 
A person using any pricing system devices2 to display the prices of goods or charges for services is required to comply with the following:
 
  1. install at least one pricing system device in the premises;
  1. display the price in a conspicuous position so as to be easily read by any intending purchaser of such goods; and
  1. display a notice in the premises indicating that if there are any discrepancies between the price displayed by the pricing system devices and the displayed price, the lower price shall be applicable.
Penalty
 
Any person who fails to comply with any provision of the Order commits an offence and shall, on conviction, be liable to a fine not exceeding RM50,000 if the person is not a body corporate or a fine not exceeding RM100,000 if such person is a body corporate.
 

1 The Schedule to the Price Control and Anti-Profiteering (Prescribed Business) Regulations 2017 [P.U.(A) 388/2017], as amended by the Price Control and Anti-Profiteering (Prescribed Business) Regulations 2020 [P.U.(A) 315/2020] lists out five categories of prescribed businesses, including hotel, rest house and lodging house businesses, food and beverage (including food and beverage delivery) business, motor vehicle parking business, laundry (including self-service laundry) business and hair salon business.
2 The Order provides that “pricing system devices” include any device that indicate or electronically display the price.