Legal Aspect of Halal Food PDF

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HALAL LEGAL AND REGULATIONS LEGAL ASPECT (ISH651) OF HALAL FOOD PRESENTED FOR PROF NOORUL HUDA BT SAHARI PRESENTED BY : HALAL LEGAL AND REGULATIONS (ISH651) NAME MATRIC CARD MARIATUL FADLINA BT MOHD 2016351327 RAZALI @BUSU ZAHRAH FATIMAH BT ARIFF IRSHAD 2016966467 ANIS HUSNA BT ABDUL HALIM 201634066...

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HALAL LEGAL AND REGULATIONS (ISH651)

LEGAL ASPECT OF HALAL FOOD PRESENTED FOR PROF NOORUL HUDA BT SAHARI

HALAL LEGAL AND REGULATIONS (ISH651)

PRESENTED BY : NAME

MATRIC CARD

MARIATUL FADLINA BT MOHD RAZALI @BUSU

2016351327

ZAHRAH FATIMAH BT ARIFF IRSHAD

2016966467

ANIS HUSNA BT ABDUL HALIM

2016340661

NUR FATHIN NABILAH MOHD IDRUS

2016314981

HALAL LEGAL AND REGULATIONS (ISH651)

INTRODUCTION P R E S E N T E D B Y : M A R I AT U L FA D H L I N A

INTRODUCTION  The halal industry is still in its stage of development, and efforts to chart the way forward in compliance with Islamic principles and legal spectrums are desirable and necessary.  Legislation on halal production is very much needed as the nonMuslim manufacturers also produce food offered for sale.  Halal laws are crucial, since it regulates an industry that is worth an estimated of USD 2.3 trillion, annually.  Therefore, halal laws will stand as a guideline to all Muslim and nonMuslim food manufacturers while local Muslims depend on the integrity of local Halal certifier for Halal foods.

The definition of Halal according to the Trade Description Order (Usage of the Term “Halal”) 1975 is as follows: When the term is used in relation to food in any form whatsoever, in the process of trade or commerce as an aspect of trading or part of an aspect of trading for the referred food must be: a Does not stem from or consists of any part of or item from

b

c d

animals that are forbidden to Muslims by Islamic law, or animals that have not been slaughtered according to Islamic law. Does not contain any substance that is considered impure in Islamic law. Is not prepared, processed or manufactured using equipment or utensils that are not free from impurities as defined by Islamic law In the preparation, processing or storage stage, does not come in contact with or is stored near any kind of food that does not meet the requirements of (s) (a), (b) or (c) or any substances that are considered impure by Islamic law.

HALAL

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"Halal originates from an Arabic phrase that means allowed or permitted by Islamic Law"

LEGAL  One that conforms to rules or the law  Lawful, legal legitimate, licit mean being in accordance with law.  The lawful sovereign applies to what is sanctioned by law or in conformity with the law, especially as it is written or administered by the courts.

LEGAL of HALAL FOOD

The term “Halal Laws” relate to the laws of consumer protection in terms of Halal product. The Halal laws in Malaysia are a national, legislated law.

AL-QURAN

َ ‫ض َح ََل اًل‬ ‫ط ِيباا‬ ِ ‫اس ُكلُوا ِم َّما ِفي ْال َ ْر‬ ُ َّ‫َيا أَيُّ َها الن‬ ُ ‫َو ًَل تَتَّ ِبعُوا ُخ‬ َ ‫ش ْي‬ َّ ‫ت ال‬ ِ‫اِ ِِنَُُّ لَ ُك ْْ ََُُو ُّم ِبي‬ ِ ‫ط َوا‬ ِ ‫ط‬ O mankind, eat from whatever is on earth [that is] lawful and good and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy. Al-Baqarah 2:168

HADITH The Prophet (salallahu alaihi wa sallam) said: “Avoid whatever you have doubts about in favor of what is not (doubtful).” (Tirmidhi)

HALAL LEGAL AND REGULATIONS (ISH651)

Food act 1983 P R ESEN TED B Y : ZA H R A H FATI M A H B T A R I F F I R SH A D

FOOD ACT 1983

An act to protect the public against health hazards and fraud in the preparation, sale and use of food, and for matters incidental there to or connected therewith.

It consists 5 parts which are ;

Preliminary, Administration and enforcement, Offences and evidence, Importation warranty and defences and miscellaneous provisions.

PART I Food premises means premises used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food, or the re labelling, reprocessing or reconditioning of any food;

Label includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, painted, embossed or impressed on, or attached to or included in, belonging to, or accompanying any food; Tobacco product‖ means tobacco, cigarette or cigar or any other form of tobacco including any mixture containing tobacco which is designed for human consumption but excludes any medicinal product Food 11 controlled under the Poisons Act 1952 [Act 366] or the Control of Drugs and Cosmestics Regulations 1984.

PART II Appointment of analysts and authorized officers

hygienic and sanitary condition

Director may order food premises or appliances to be put into

Powers of authorized officer

Closure of insanitary premises

PART III : OFFENCES AND EVIDENCE

Meaning of “owner of the rights of the manufacturer or packer” .

For the purposes of this Part, the term ―owner of the rights of the manufacturer or packer‖ means in the case of foreign manufactured or packed food, any person who owns the exclusive rights to distribute or sell the food in Malaysia by way of licence, agreement or franchise from the foreign manufacturer; or in the case of locally manufactured or packed food, any person who, not being the manufacturer or packer, has proprietary rights over the distribution and sale of the food, or who, being the manufacturer or packer, distributes or sells the food through and in the name of a marketing agent.

• Food containing substances injurious to health. • Food unfit for human consumption. • Adulterated food any food shall be deemed to be adulterated if it contains or is mixed or diluted with any substance of lower commercial value than such food in a pure, normal or specified state and in an undeteriorated and sound condition; • Removal of food from food premises. • Prohibition against sale of food not of the nature, substance or quality demanded.

PART IV IMPORTATION, WARRANTY AND DEFENCES

Importation • Subject to subsections (2) and (3), the importation of any food which does not comply with the provisions of this Act or any regulation made thereunder is prohibited • Where food which is sought to be imported into Malaysia is raw or semiprocessed food and if sold in Malaysia constitutes an offence, the food may be imported into Malaysia for the purpose of reprocessing or reconditioning it so that it complies with the provisions of this Act • The Director may require the importer to relabel, reprocessor recondition the food in a designated area under the supervision of an authorized officer to ensure that the relabelling, reprocessing or reconditioning of the food comply with the provisions of this Act.

Warranty  No manufacturer or distributor of, or dealer in, any food specified by the Minister shall sell such food to any vendor unless a written warranty or other written statement is given that the food complies with the provisions of this Act or any regulation made thereunder.  Any person who contravenes the provisions of subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both.

PART V

MISCELLANEOUS PROVISIONS

01

02

03

04

05

Protection against legal proceedings

Prosecution

Power to order appearance in court

Power to compound

Offence by body corporate

HALAL LEGAL AND REGULATIONS (ISH651)

FOOD HYGIENE REGULATIONS & TRADE DESCRIPTION ACT PRESENTED BY : ANIS HUSNA BT ABDUL HALIM

"food handler" includes any person who is directly involve in the preparation of food, comes into contact with food or food contact surfaces, in any food premises

"food safety assurance programme" means a planned and documented system of practice which provides assurance that any particular type of food will not cause harm to a consumer when it is consumed

"sanitary" means free from any condition or circumstances affecting health, which may lead tothe food hazardous to health;

"proprietor" means any person who owns or operates food business, or if that person cannot be identified, a person in charge of the food business.

FOOD HYGIENE REGULATIONS 2009 PART 1 : PRELIMINIARY TREY research

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Food premises to be registered

Application for registration

Certificate of registration

Validity of certificate

PARTII : REGISTERATION FOOD PREMISE

Application for renewal of certificate

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PART III CONDUCT AND MAINTENANCE OF FOOD PREMISES

Chapter 1

Chapter 2

Chapter 3

Duty of proprietor, owner or occupier of food premises

General requirements for food premises

Specific requirements for food premises

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PART IV – FOOD HANDLER Training, medical examination and health condition, clothing and personal hygiene of food handler

CHAPTER 1

CHAPTER 2

Protection of Food

PART V – SPECIAL REQUIREMENTS IN HANDLING, PREPARING, PACKING, SERVING, STORING AND SELLING OF SPECIFIC FOOD

Meat

Ice Cream and frozen Confection

Ice

CHAPTER

CHAPTER

01

02

CHAPTER

CHAPTER

03

04

CHAPTER

CHAPTER

05

06

Fish

Milk

Vending Machine

Chapter 4 Milk

Chapter 1 Meat

Chapter 2 Fish

Chapter 5 Ice

Chapter 3 Ice cream and frozen confection 24

PART V – SPECIAL REQUIREMENTS IN HANDLING, PREPARING, PACKING, SERVING, STORING AND SELLING OF SPECIFIC FOOD

Chapter 6 Vending machine

PART VII MISCELLA NEOUS

Reg 58 Compoundable offences

• prescribed in Fourth Schedule Reg 59 Compounding of offences • offer to compound in a form as in Fifth Schedule

• acceptance of offer to compound as in Sixth Schedule

Reg 60 Payment of compound

"food handler" includes any person who is directly involve in the preparation of food, comes into contact with food or food contact surfaces, in any food premises

"food safety assurance programme" means a planned and documented system of practice which provides assurance that any particular type of food will not cause harm to a consumer when it is consumed

"sanitary" means free from any condition or circumstances affecting health, which may lead tothe food hazardous to health;

"proprietor" means any person who owns or operates food business, or if that person cannot be identified, a person in charge of the food business.

TRADE DESCRIPTION ACT 2011 PART 1 : PRELIMINIARY TREY research

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• This act to protect consumers against unlawful and unethical business practices through the use of false or misleading trade description. 1.

Trade Descriptions ( Definition of Halal) • food or goods are described as halal or described in any other expression to indicate that the food or goods can be consumed or used by a Muslim. • A fined up to RM1 million or imprisonment not exceeding 3 years or both for the individual. The penalty for a company or body corporate is a fine of up to $ 5 million.

2.

Trade Descriptions ( Certification and Marking of Halal) • Provides for JAKIM and MAIN appointed as the authority to certify that any food, goods or services in relation to food or goods is lawful under the Trade Descriptions (Definition of halal) 2011. • A fined up to RM100, 000.00 or imprisonment not exceeding 3 years or both for the individual. The penalty for a corporate body is a fine of up to RM250, 000.00

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TRADE MARK 1976 • For trademark to registrable must consists at least one of the following :a. the name of an individual, company or firm b. the signature of the applicant for registration or of some predecessor in his business c. an invented word or words d. a word having no direct reference to the character or quality of the goods or services e. Any other distinctive mark. • The trademark cannot consist a. If it likely to deceive or cause confusion to the public b. If it contains offensive c. If it is identical with or so nearly resembles a mark d. If it contains a matter which is might be prejudicial to the interest or security of the nation

• Any certificate issued under any of the repealed laws may amend, modify, 63 renew, cancel or revoke such certificate in accordance with the powers conferred upon him by the relevant provisions of this Act relating thereto.

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HALAL LEGAL AND REGULATIONS (ISH651)

CUSTOM LAW,ANIMAL IMPORTATION ORDER, LOCAL GOVERNMENT, MS1500 P R ESEN TED B Y : N UR FATH I N N A B I LA H M O H D I DR US

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CUSTOMS (PROHIBITION OF IMPORTS) ORDER 1998

HALAL LEGAL AND REGULATIONS (ISH651)

The importation into Malaysia of goods, originating or manufactured wholly or mainly in, or consigned from, the countries that are not specified is absolutely prohibited.

This Order provides a control over the import of milk and milk products, poultry fat, lard, pig fat and others

• Requires that all meat and livestock imported into Malaysia to be halal.

ANIMAL IMPORTATION ORDER 1962 Subject to the provisions of the Animals Rules, 1962, relating to landing place, the animals and birds to this Order , be imported into the Federation from the countries or parts of the countries. • It is a requirement that all meat and livestock must be halal, safe and disease free.

• enforced by the Department of Veterinary Services and the Customs and Excise Department at entry points in Malaysia.

Local Government Act 1976 Section 20D (1) (a), (b) of the Licensing of Food Establishments (Federal Territory of Kuala Lumpur) (Amendment) By-Laws 1995,requires the licensee to wash utensils used for non-halalfood separately from those used for the halal food

It is also a requirement that the utensils used for the non-halalfood should not be used for the preparation and serving of the halalfood.

Sub-section (3) states that if the premises only serves non-halalfood then the licensee must at all times display on the menu the words “Non-Halal Food Only”.

MS 1500:2009-Halal Food-Production, Preparation, Handling and StorageGeneral Guidelines

requirement that the Standard is to be used together with Food Safety according to hazard analysis and critical control point (HACCP) system, General principles of food hygiene and Guidelines on good hygiene practices for small and medium scale food industries towards HACCP MOH/K/MAK/18.03 (GU).

applicable to all foreign establishments intending to export their products to Malaysia

IMPORT REQUIREMENTS

import condition is imposed by the Department of Veterinary Services of Malaysia for the import of different types of animals

(1) Veterinary Health Certificate:

that the country of origin is free from animal diseases such as avian influenza and Velogenic Newcastle disease; that the poultry or bird derived from an accredited farm and that the poultry or bird was slaughtered and processed at processing plant that has been inspected and approved by the Malaysian authority.

(2) Meat Inspection Certificate: that the carcases, products or parts thereof have been subjected to post-mortem, inspection and free from any contagious disease; that the products or carcases were handled under sanitary condition and free from any preservative, colouring substance or any foreign substance that is injurious to health and the products are fit for human consumption.

(3) Halal Certificate: The Halal certificate is to be signed or endorsed by competent personnel of the registered Islamic Organization of the exporting country, certifying that the poultry or birds have been slaughtered according to Muslim rites and therefore fit for Muslim consumption and the products were handled separately from other species of animals.

Codex Allimentarius Agreements recognized Codex AlimentariusCommission as the international reference for food standards to protect human health and life.

in 1997, Codex adopted the „General Guidelines for the Use of the Term Halal’.

In the guideline it is stated clearly that there may be minor differencesin opinion in the interpretation of lawful and unlawful animals and in the slaughter act, according to the different Islamic Schools of Thought. As such, the guidelines are subjected to the interpretation of the appropriate authorities of the importing countries....