2024-10-08 at

Legality of Poisoning Pests in Malaysia

I was doing some research on dealing with pigeons in my building. It turns out that methyl anthranilate "grape food flavouring" works as a bird repellent. And you can poison pests with "reasonable excuse", thought that phrase leaves things open to debate.

The ministries are two :

  • Ministry of Natural Resources and Environmental Sustainability / NRES
  • Ministry of Agriculture and Food Security / MAFS / KPKM

The acts of law are four, at least :
  • NRES covers Act 317 ( Fisheries Act 1985 )
  • NRES covers Act 716 ( Wildlife Conservation Act 2010 )
  • MAFS / KPKM covers Act 149 ( Pesticides 1974 ), and its subsidiary legislation, Pesticides ( Pest Control Operator ) Rules 2004
  • MAFS / KPKM covers Act 772 ( Animal Welfare 2015 ) via the Department of Veterinary Services / DVS / JPV
The main points are :
  • Act 316 : don't fish with poisons, AT ALL
  • Act 716 : SPECIFIED species only ; don't hunt with poisons AT ALL ; don't "destroy grain-eating birds" without WRITTEN APPROVAL ; don't capture or kill wildlife on "occupied land" without ( "reasonable belief" that it is "causing or about to cause serious damage" to "crops, vegetables, fruits, growing timber, domestic fowls, domestic animals" AND having "first using reasonable efforts to frighten away the wildlife and failing to do so" AND with a report thereafter about the capture or kill )
  • Act 772 : don't poison any "living creature" ( "living" is not defined, "creature" is not defined ; specifies "beast, bird, aquatic animals, reptiles, insects"; EXCLUDES species specified in Act 716 ), without "lawful authority OR reasonable excuse"
  • Act 149 : don't import, manufacture, research, or sell pesticides, without registration, specified pesticides only - does not cover USE of pesticides
  • Act 149, PR/PCO2024 : don't carry out "general house pest control", "for hire", "on the property of another person", without a LICENSE
Discussion :
  • Common pigeons, dogs, cats, would be included under 772, not 716.
  • You can carry out "general house pest control" on your own property without a license, with "reasonable excuse" via 772 149, PR/PCO2024 
Enjoy ...

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