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CFB 30803 HALAL TECHNOLOGY

Chapter 2

Halal Legal Control

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ROLES OF VARIOUS

AGENCIES RELATED TO

HALAL

Halal Industry Development Corporation (HDC)

Dept. of Islamic Development Malaysia (JAKIM)

Ministry of Agriculture & AgrobasedIndustry (MOA)

Ministry of Domestic Trade, Cooperative & Consumerism

Royal Malaysian Custom

Ministry of Health (MOH)

Ministry of Science, Tech & Innovation (MOSTI)

Ministry of International Trade & Industry (MITI)

Institute of Higher Learning & Research Institutes

Halal Industry Development Corporation (HDC)

HDC has been tasked to further boost the Halal agenda in terms of standards development, branding enhancement as well as commercial and industry development.

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JAKIM

Competent authority on Islamic matters in Malaysia

JAKIM began to introduce Malaysian Halal logo & Halal certification since 1994

JAKIM Halal certificate is an authoritative & independent testimony supporting manufacturer in claiming their products comply to the Syariah.

MOA

Primary production:

Agricultural produce

Livestock/poultry

Fisheries production

Ministry of Domestic Trade, Cooperative & Consumerism

Responsible for the enforcement of laws relating to Halal food production

Offences related to misused of halal logo and failure to label food as halal as required under section 11(2) of the Trade Description (use of halal) Order 1975

Royal Malaysian Custom

Control over the import of milk and dairy products

Poultry

Meat & meat products

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MOH

To ensure food produced and supplied according to Food Act & Food Regulations

To promote various guidelines and codes of practice eg. HACCP certification

Food safety eg accreditation to food handling institutes

MOSTI

Department of Standards

MS 1500: 2009 : Malaysian Halal Food Standards

MS 2200: 2009 : Malaysian Halal Cosmetics Standards

MS 1900: 2005 : Islamic Management Standards

MOSTI

Department of Chemistry

Responsible for conducting various food analytical services.

ACTS RELATED TO

HALAL

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TRADE DESCRIPTIONS ORDER 2011- SECTION 28

TRADE DESCRIPTIONS ORDER 2011- SECTION 29

MONITORING & ENFORCEMENT BASED ON HALAL CERTIFICATION MANUAL PROCEDURE

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TDA 2011Provision related to Halal Certification

TRADE DESCRIPTION ACT (DEFINITION OF HALAL) 2011 UNDER SECTION 28

TRADE DESCRIPTION ACT (CERTIFICATION & MARKING OF HALAL)

2011 UNDER SECTION 29

SECTION 28-1

CITATION AND COMMENCEMENT

Cited as Trade Description Act 2011

Definition of Halal

In operation 1 January 2012

Section 28-4

Offence of Mislead or confuse

Any person who supplies or offers to supply any food through any REPRESENTATION OR ACT IS LIKELY TO MISLEAD OR CONFUSE any person that the food is halalcommits as an offence

SECTION 28-4

For the purpose of subpara (1)

Representation includes the USAGE OF THE HOLY VERSE OF AL QURAN or any MATTER OR OBJECT in RELATION to the RELIGION OF ISLAM either in the PREMISE or in the CONTAINER in which the food is supplied.

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PENALTY

If such person is a body corporate :

First offence is fine not

exceeding RM 5 million

and

Second & subsequent

offence, a fine not exceeding RM 10 million

PENALTY

If such person NOT a body of corporate :

*First offence is fine not exceeding RM 1

million

*Imprisonment of not exceeding 3 years

*to both

and

Second & subsequent offence

*a fine not exceeding RM 5 million

*Imprisonment of not exceeding 5 years

*to both

SECTION 29-1

CITATION AND COMMENCEMENT

Cited as Trade Description Order 2011

Certification & marking of Halal

In operation 1 January 2012

SECTION 29-4CERTIFICATION OF DESCRIPTION OF HALAL

1. All food and goods shall not be describes as halal or described in other manner to indicate that the food or goods can be consumed or used by a Muslim unless it is:

a. certified as halal by the competent authority; and

b. Marked with the logo as specified in the First Schedule

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SECTION 29-8

OFFENCE

Any person who:

Certifies that any food, goods or services in relation to the food or goods is halal, or

Supplies or offers to supply any food, goods or services in relation to the food or goods,

PENALTY

If such person is a body corporate :

First offence is fine not

exceeding RM 250 000

and

Second & subsequent

offence, a fine not exceeding

RM 500 000

PENALTY

If such person NOT a body of corporate :

*First offence is fine not exceeding

RM 100 000

*Imprisonment of not exceeding 3 years

*to both

and

Second & subsequent offence

*a fine not exceeding RM 500 000

*Imprisonment of not exceeding 5 years

*to both

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ENFORCEMENT

PRODUCT

Transitional period for product using packaging & labelling is 1 year

FOOD PREMISE

No transitional period

Jan March 2012 educating

April June 2012- Warning

July Dec 2012 - Action

SURVEILLANCE AND ENFORCEMENT

-OFFENCES

-ACTION TO BE TAKEN

-COMPLAINT

-APPEAL

ETC..