Quantity Declaration and Marking Requirements to be Tightened from 4 June 2024

25 October 2023

1. the definition for “package” has been shortened and revised to mean “anything in which or by which goods is wholly or partly cased, covered, closed, contained, or placed or otherwise packed in any way whatsoever”; 


2. paragraph 4 of the New Marking Order has absorbed the definitions in the Existing Marking Order for “pre-packaged goods”, “weight”, “count”, volume”, “area”, and “length”, and stipulates that the wholesaler, manufacturer, importer or producer shall declare the quantity of the goods in a package according to the following measurements: (1) area in two dimensional figure; (2) number based on actual count; (3) length from end to end; (4) weight from five grammes to fifty kilogrammes; and (5) volume from five millilitres to fifty litres; 


3. the New Marking Order has omitted paragraphs 4(1)(a) and 4(1)(d) of the Existing Marking Order; 


4. paragraph 5(1) of the New Marking Order has combined paragraphs 4(1)(b) and 4(1)(c) of the Existing Marking Order, and stipulates that the wholesaler, manufacturer, importer, or producer shall ensure all declared pre-packaged goods have been marked with: (1) nominal quantity as specified in Part I of the First Schedule (see figure below); and (2) specified quantity indicator count expressed in numbers according to Part II of the First Schedule (i.e. that the quantity indicator shall be expressed in numbers);

  

5. paragraph 5(2) of the New Marking Order is similar to paragraph 4(2) of the Existing Marking Order, where it requires any pre-packaged goods containing solid goods in liquid medium to be marked with, either: (1) the nett weight and drained weight declared if the liquid medium is meant to be left over after use or in a situation where it might or might not be left over after use; or (2) only the nett weight declared if the liquid medium is not meant to be left over after use. For this purpose, the nett weight refers to the total weight of solid goods and liquid medium in a package, whilst drained weight refers to the weight of solid goods in the liquid medium contained in a package; and 


6. paragraph 6 of the New Marking Order provides that the mark referred in paragraph 5 shall:

1. for any goods declared in weight or volume, no pre-packaged goods shall have a negative error greater than twice the tolerable deficiency specified in the Third Schedule (see figure below), notwithstanding Part I of the Fourth Schedule has sampling allowance for goods with negative error greater than the tolerable deficiency; 

 

2. in cases involving drained weight, the pre-packaged goods shall not have a negative error greater than twice the tolerable deficiency as specified in the Third Schedule; 


3. for pre-packaged goods declared in length, the tolerable deficiency allowed shall be two percent of the nominal quantity for each package; 


4. for pre-packaged goods declared in area, the tolerable deficiency allowed shall be three percent of the nominal quantity for each package; and 


5. in cases where the pre-packaged goods are declared in counts, the actual quantity shall not be less than the nominal quantity for counts up to fifty. For counts which is more than fifty, the actual quantity shall not be less, on average, of the nominal quantity and the negative error is one piece for each of the beginning hundred. 

1. If a body corporate, a fine not exceeding RM200,000 for the first offence, or a fine not exceeding RM500,000 for a second or subsequent offence; or 


2. If a non-body corporate, a fine not exceeding RM100,000 or imprisonment for a term not exceeding three years or to both for the first offence, and for a second or subsequent offence, a fine not exceeding RM250,000 or imprisonment for a term not exceeding five years or to both.