Skip to main content
Act 737 s.5 · s.15 · s.44 · s.73

Penalties for unregistered medical devices in Malaysia.

Up to RM200,000, up to 3 years in prison, or both. The Medical Device Act 2012 also reaches directors and managers personally, and MDA can seize the stock. Here is every offence in the Act, what it can cost, and what to do if you find a gap.

01 MDA Registration02 GDPMD + Licensing03 ISO 13485 QMS04 MDSAP05 CE / FDA Export

Short answer: importing, exporting or placing an unregistered medical device in the Malaysian market is an offence under section 5 of the Medical Device Act 2012 (Act 737). On conviction the fine can reach RM200,000, the prison term can reach 3 years, or both. Doing so without an establishment licence is a separate offence with the same maximum under section 15.

Every offence and maximum penalty in Act 737

OffenceSectionFine up toPrison up to
Importing, exporting or placing an unregistered device in the markets.5(2)RM200,0003 years
Importing, exporting or placing a registered device in the market without an establishment licences.15(2)RM200,0003 years
Breaching the conditions of an establishment licences.19(2)RM100,0001 year
Assigning, sub-licensing or transferring a licence without MDA’s written approvals.21(2)RM50,000 to RM500,0003 years
Continuing to trade after a licence is suspended, revoked, surrendered or not reneweds.25(4)RM200,0003 years
Using or operating a designated device without a permits.27(2)RM100,0001 year
Breaching the conditions of a designated device permits.31(2)RM50,0006 months
Continuing to use a designated device after the permit is suspended, revoked, surrendered or not reneweds.36(4)RM100,000 to RM1,000,0007 years
Failing to make a mandatory problem reports.40(2)RM200,0002 years
Using, maintaining or disposing of a device in breach of the general dutys.43(6)RM100,0001 year
Advertising an unregistered device, or making misleading or fraudulent claimss.44(3)RM300,0003 years
Breaching the conditions of an export permits.45(5)RM50,0006 months
Obstructing or refusing information to an authorised officers.59RM500,0003 years
Refusing an officer’s demand for a samples.65(3)RM100,0001 year
Making an untrue, inaccurate or misleading declaration or documents.76(1)RM100,0002 years
Forging or knowingly using an altered registration, licence or permits.76(2)RM500,0003 years
Any other offence with no penalty stateds.78RM500,0003 years

Each penalty applies on conviction, and the court may impose the fine, the prison term or both. Sections 21 and 36 set a minimum fine as well as a maximum. Read from the text of Act 737 as published by MDA. This is a summary, not legal advice.

What counts as placing a device in the market

Act 737 defines it as making a device available, in return for payment or free of charge, with a view to distributing, using, supplying or putting it into service in Malaysia, whether the device is new or reprocessed. So free samples and donated units can count. Making a device available for clinical research or for performance evaluation is excluded.

Who can be charged

  • The person or company supplying the device. Section 5 applies to any person, not only licensed establishments.
  • Directors, managers and company secretaries. Under section 73 they may be charged with the company, and are deemed guilty if it is convicted unless they prove lack of knowledge, consent or connivance and that they took all reasonable precautions and exercised due diligence.
  • Employers and principals. Under section 74 a person is liable for the act of a partner, agent or servant, subject to the same defence.

What enforcement looks like

On 14 April 2026, MDA reported two raids on companies in Shah Alam, carried out with the Malaysian Rubber Board. One company was suspected of breaching sections 5 and 15, by placing unregistered devices in the market and operating without the required licensing. The other was suspected of distributing devices without a valid licence under section 15. Officers seized examination gloves and related documents worth about RM50,000 in total, and MDA said the cases would proceed to prosecution.

MDA’s powers go beyond a fine. Officers can search and seize with a warrant (section 51) or without one (section 52) and can arrest (section 64). Seized goods and records are liable to forfeiture (section 63), and costs or damages for a seizure cannot be recovered unless it was made without reasonable cause (section 57).

There is also a commercial cost. Under MDA Circular Letter No. 1/2026, a healthcare facility buying through a government or private tender must collect the tenderer’s distributor licence, the device registration certificate and the appointment letter from the authorised representative or distributor.

Compounding and prosecution

Section 71 lets MDA, with the Public Prosecutor’s consent, compound an offence that regulations prescribe as compoundable, for up to 50% of the maximum fine. The offer can be made any time before prosecution begins, and once an offence is compounded no prosecution can follow for it. Under section 72, any prosecution needs the Public Prosecutor’s written consent.

When an unregistered product is not an offence

If you find you have been supplying an unregistered device

  1. Hold further supply of the affected stock until its status is clear.
  2. Confirm it is a medical device. If it is unclear, MDA can issue a classification letter.
  3. Check for an exemption and whether its conditions were met.
  4. Check the registration and who holds it. Use MDA’s public search. The registration must cover your exact model.
  5. Check your own licence and role. Importers, distributors, manufacturers and authorised representatives each need the establishment licence for that role.
  6. Register through the right route, starting with the documents checklist.
  7. Take legal advice if MDA, a customer or a competitor has already raised it. Registering a device later does not by itself undo earlier supply.

For a wider overview of the law, see this guide to the Medical Device Act 2012 (Act 737).

Jawapan ringkas · Bahasa Malaysia

Apakah hukuman menjual peranti perubatan yang tidak berdaftar di Malaysia?

Di bawah seksyen 5 Akta Peranti Perubatan 2012 (Akta 737), mengimport, mengeksport atau meletakkan dalam pasaran peranti perubatan yang tidak berdaftar ialah suatu kesalahan. Jika disabitkan, denda boleh mencecah RM200,000, penjara sehingga 3 tahun, atau kedua-duanya. Beroperasi tanpa lesen establismen ialah kesalahan berasingan di bawah seksyen 15 dengan hukuman maksimum yang sama. Pengarah dan pengurus syarikat juga boleh didakwa di bawah seksyen 73. WhatsApp 010-206 2070.

FAQ

Frequently asked questions

What is the penalty for selling an unregistered medical device in Malaysia?
Section 5 of the Medical Device Act 2012 (Act 737) makes it an offence to import, export or place in the market a medical device that is not registered. On conviction the fine can reach RM200,000, the prison term can reach 3 years, or both.
Is giving away an unregistered device also an offence?
It can be. Act 737 defines “place in the market” as making a device available in return for payment or free of charge, with a view to distributing, using, supplying or putting it into service in Malaysia, whether the device is new or reprocessed. Making a device available for clinical research or performance evaluation is excluded from that definition.
Can a company director be charged personally?
Yes. Under section 73, if a company commits an offence, a director, manager, secretary or anyone responsible for managing its affairs may be charged with it. If the company is found guilty, that person is deemed guilty unless they prove the offence happened without their knowledge, consent or connivance and that they took all reasonable precautions and exercised due diligence.
Does the penalty apply to online sellers?
Yes. Section 5 applies to placing a device in the market through any channel, and an unregistered device listed online falls under it. Section 44 separately prohibits advertising a device that is not registered.
Is having no establishment licence a separate offence?
Yes. Section 15 prohibits an establishment from importing, exporting or placing a registered device in the market without an establishment licence, with the same maximum penalty as section 5: RM200,000, 3 years in prison, or both. MDA’s April 2026 raids cited both sections.
Can MDA settle the offence without going to court?
Section 71 allows MDA, with the Public Prosecutor’s consent, to compound an offence that regulations prescribe as compoundable, for up to 50% of the maximum fine. Otherwise a prosecution needs the written consent of the Public Prosecutor under section 72.
Can MDA seize our stock?
Yes. Part V of Act 737 gives authorised officers powers of search and seizure with a warrant (section 51) and without one (section 52), and seized devices, documents and data are liable to forfeiture under section 63. Under section 57, costs or damages for a seizure cannot be recovered unless it was made without reasonable cause.
Is every unregistered product an offence?
No. Section 5 applies only to medical devices, so a product that is not a medical device falls outside it. The Medical Device (Exemption) Order 2024 also exempts certain devices from registration, such as custom-made devices, special access and import for re-export, usually on conditions or after notifying MDA.

Found a gap in your product list?

Tell us what you sell and how you bring it in. We will work out what needs registering or licensing, in what order, and handle the applications.

WhatsApp