P O L Y T E C H N I C S E R I E S FOOD LAW AND REGULATIONS 2023
FOOD LAW AND REGULATIONS P O L Y T E C H N I C S E R I E S
POLITEKNIK SULTAN IDRIS SHAH KEMENTERIAN PENGAJIAN TINGGI F O O D L A W A N D R E G U L A T I O N S C O P Y R I G H T P U B L I S H E D 2 0 2 3 Copyright. There are no parts from this publishable book in any form and with whatsoever electronics mechanical, photocopying, recording and so on without getting written permission from writers and publishers of Polytechnic Sultan Idris Shah. FOOD LAW AND REGULATIONS Mode of access: Internet Published in Malaysia by: Politeknik Sultan Idris Shah Sungai Lang 45100 Sabak Bernam No.Tel: 03-32806200 Laman Web: http://www.psis.edu.my Writer: Siti Zubaedah Binti Matrawi Siti Khadijah Binti Mohd Zolkepeli Nur Alia Syuhada Binti Khiruddin Siti Sarah Binti Abdul Manen Muhammad Amir Hafizuddin Bin Mohd Nazari Editor: Nurul Fariha Binti Kamarul Rashid
FOOD LAW AND REGULATIONS P O L Y T E C H N I C S E R I E S AUTHOR SITI ZUBAEDAH BINTI MATRAWI SITI KHADIJAH BINTI MOHD ZOLKEPELI NUR ALIA SYUHADA BINTI KHIRUDDIN SITI SARAH BINTI ABDUL MANEN MUHAMMAD AMIR HAFIZUDDIN BIN MOHD NAZARI EDITOR NURUL FARIHA BINTI KAMARUL RASHID Publi shed
All rights reserved. No part of this book may be reproduced in any form and by any means whatsoever whether in electronic, photocopying, mechanical, recording or otherwise without the written permission of the author. POLITEKNIK SULTAN IDRIS SHAH KEMENTERIAN PENGAJIAN TINGGI A L L R I G H T R E S E R V E D P U B L I S H E D 2 0 2 3 *** ***
PREFACE Glad to inform all the author is very excited about the production of this book Food Law and Regulations. This book targets the basic concepts of food safety standards practiced in Malaysia to Polytechnic students. Hopefully this production of this book can help students understand the basic concept of food safety standards practiced in Malaysia based on the latest syllabus. Best Regards, Siti Zubaedah Binti Matrawi Siti Khadijah Binti Mohd Zolkepeli Nur Alia Syuhada Binti Khiruddin Siti Sarah Binti Abdul Manen Muhammad Amir Hafizuddin Bin Mohd Nazari 2023
SYNOPSIS Chapter 1 focusing on food safety standards practiced in Malaysia which is Food Act 1983, Food Regulation 1985 and Food Hygiene 2009. Chapter Two focusing on the Halal Food and Legal Control which is contain of Trade Description Act 2011, certification and marking of Halal also inspection and types of offences. Chapter Three focusing on regulation and knowledge of understanding the fatwa in Malaysia. Chapter Four focusing on the knowledge of the related law and regulation to halal and the implementation of law and regulation in foodservice industry. Best Regards, Siti Zubaedah Binti Matrawi Siti Khadijah Binti Mohd Zolkepeli Nur Alia Syuhada Binti Khiruddin Siti Sarah Binti Abdul Manen Muhammad Amir Hafizuddin Bin Mohd Nazari 2023
CHAPTER ONE : Food Safety Standard in Malaysia FoodAct1983 FoodRegulation1985 FoodHygieneRegulation2009 CHAPTER TWO : HALAL FOOD AND LEGAL CONTROL Functionof TradeDescriptionAct 2011 DefinitionofHalal DefinitionofHaram Certification& Marking ofHalal Halal Logo Periodic / Schedule Inspection EnforcementInspection ComplaintInspection Followup Inspection Types of offences Prosecutionprocess Complaint Objection Appeal Product appeal T A B L E O F C O N T E N T 1 5 10 37 46 48 48 49 51 52 53 53 54 54 56 56 57 57 58
CHAPTER THREE : FOOD LAW AND REGULATION FATWA Definitionof Fatwas Pillars of Fatwa Roles of Fatwa Issuance of Fatwa State vs Federal Fatwa Gazette andNon-gazette FatwaCancellationof fatwa Issues onalcoholinfood CHAPTER FOUR ; LAW AND REGULATION RELATED TO HALAL AnimalAct1953 (2006Revision) AbattoirAct(Corporatization)1993 Custom Act(1967) SyariahCriminalOffenceAct(Federal Territory)1997 LocalGovernmentAct1976 and LocalAuthority by law Trade MarkAct1976 59 59 60 61 62 63 63 65 78 81 82 83 84 85
01 01 Food Safety Standard in Malaysia Food Act 1983 Food Regulation 1985 Food Hygiene Regulation 2009 FOOD LAW AND REGULATION C H A P T E R
Food Safety Standards in Malaysia The regulation of food quality and integrity in Malaysia is governed primarily by the Food Act 1983 ("Act") and its subsidiary legislation, the most pertinent of which is theFood Regulations 1985 ("Regulations"). The term "food" is defined broadly in the Act as including "every article manufactured, sold or represented for use as food or drink for human consumption or which enters into or is used in the composition, preparation, preservation, of any food ordrink and includes confectionery, chewing substances and any ingredient of such food, drink, confectionery or chewing substances." The Regulations are very prescriptive as to what can or cannot be added to foods, and in what amounts. Additives, processing aids, vitamins, minerals, novel food substances and nutritive substances must not be added to foods unless expressly permitted under the Regulations. Where permitted, such substances may only be used in accordance with the limits expressly set by the Regulations. Malaysia has suitable temperature and condition which are optimal to the growth of bacteria such as Salmonella, Campylobacter, hemorrhagic E. coli and Listeria. During thefood processing cycle, these bacteria are manifested from unsanitary food preparation causing organisms can infect and contaminate foods which that causes foodborne diseases. E-BOOK FOOD LAW AND REGULATIONS 1
Food Safety & Quality Division (FSQD) was established by MOH to ensure that the food processing activities are in compliance to the hygiene and safety requirements. The FSQD is also responsible in overseeing food safety through the supply chain. This is including any food related hazards and frauds, which may disrupt the supply chain and jeopardise food safety. The main legislation regulating food safety is the Food Act 1983. This, with itsattendant Food Regulation, came into force in October 1985. These are food safety standards practiced in Malaysia: ➢ Food Act 1983 ➢ Food Regulation 1985 ➢ Food Hygiene Regulation 2009 The Aim of Food Safety in Malaysia E-BOOK FOOD LAW AND REGULATIONS To protect the public against food related hazards and frauds. To promote and motivate the preparation, handling, distribution, sale and consumptionof safe, high quality food. 2
The Strategies for Ensuring Food Safety in Malaysia Enforcement involves inspection and sampling. Premises handling, processing and serving food are inspected regularly and food samples are taken for microbiological, chemical and physical tests. Laboratories for these tests have been established nationwide and are expected to conform to standards. Consumer education is recognized as being a cornerstone of food safety, because educated consumers function as food safety inspectors in their own right. Measures at present rely heavily on schools and the mass media, but it can safely be said that the effect has not been very marked. E-BOOK FOOD LAW AND REGULATIONS Enhance collaboration between government agencies, consumer bodies, academia, industryand international organizations. Delevop and train manpower resources. Educate consumersto raise their awareness of food safety issues. Review and update legislationand strengthen infrastructure. 3
The Importance of Food Law and Regulation in Malaysia The Need of New Food Safety Law E-BOOK FOOD LAW AND REGULATIONS Healthy nation Enabling innovation in food Affect customers and sales Embarassment Prestige and reputation Lawyer and court fees Employee morale (absenteeis m, turnover) Consistent and fair regulatory requirements Removal of multiple regulations To harmonise with International Law 4
Food Act 1983 Background Gazetted on 10 March 1983. Content It consists of 5 components: Objectives of Food Act 1983 Important Sections To Highlight • Powers of authorized officer • Power to take sample • Closure of insanitary premises • Adulterated food E-BOOK FOOD LAW AND REGULATIONS Section 4 Section 13B Section 5 Section 11 Part I Preliminary Part II Administration and enforcement Part III Offences and evidence Part IV Importation, warranty and defences Part V Miscellanous provisions 5
Section 4 Powers Of Authorized Officer 4. (1) An authorized officer may at any time of his duty – E-BOOK FOOD LAW AND REGULATIONS Seize and detain for such time any food or appliance Open and examine any package Demand the production of Identity Card, Business Registration Certificate or any relevant document Examine any documents or records: - Food Handling Certificate -Typhoid injection - Temperature record Mark, seal, secure, weigh, count or measure any food or appliances Enter any premises Stop, search or detain any vehicle 6
(3) Any authorized officer, may require to show and permit the inspection of the package. Section 5 Power To Take Sample (1) Any authorized officer, may at any place demand and select and take or obtain sample of food for purpose of analysis. (2) Any authorized officer, may obtain samples for the purpose of anaylsis without payment. (4) In unopened package, no person shall be required by any authorized officer to sell than the whole of the contents of such package. E-BOOK FOOD LAW AND REGULATIONS (5) Any person who refuses to comply with the demand by authorized officer can be commits an offences. 7
Section 11 Closure Of Insanitary Premises 11. Authorized officer may in writing order the closure forthwith not exceeding fourteendays of any premises, in a condition that fails to comply with the sanitary and hygienicrequirements. Authorized Officer E-BOOK FOOD LAW AND REGULATIONS Penolong Pegawai Kesihatan &Persekitaran from MOH (PPKP) Pegawai Teknologi Makanan (PTM) 8
8 Section 13B Adulterated food No person shall prepare or sell any adulterated food. Any food shall be deemed to be adulterated if: For example Honey that have been mixed with sugar is one of adulterated food that popular. Sugar is a substance with lower commercial value than the honey itself so thehoney product cannot claim as their product 100% pure honey E-BOOK FOOD LAW AND REGULATIONS Mixed or diluted any substance which diminishes its nutritive or other beneficial properties. Any substance or ingredients has been extracted Mixed or diluted with any substance of lower commecial value Contains any substance the addition not permitted by this and any regulations. Not comply with the standard by any regulations Contains a greater proportion of any substance than is permitted Mixes, coloured, powdered, coated, stained, prepared or treated where inferiority may concealed The contents originally packed been removed and other contents have been placed. 9
Food Regulation 1985 Background Gazette on 26th September 1985and getting enforced together with Food Act1983 on 1st October 1985. Content It consists of 10 components: \ 10 E-BOOK FOOD LAW AND REGULATIONS Part I Preliminary Part II Warranty Part III Procedure for taking samples Part IV Labelling Part V Food additive and nutrient supplement Part VI Packages for food Part VII Incidental constituent Part VIII Standards and particular labelling requiremnets Part IX Use of water, ice of steam Part X Miscellanous 10
Important Section To Highlight Part III Procedure For Taking Sample Regulation 4. Procedure taking samples for physical and chemical analysis Regulation 5. Procedure taking samples for microbiological analysis E-BOOK FOOD LAW AND REGULATIONS Only take one sample and shall not divide suchsample into separate parts. Mark and seal the sample in such a manner. Deliver sample to an analyst with the least practicabledelay. For microbiological analysis the sample cannot be divided because it might be contaminated by other contaminants during the process and it can causes theresult not reliable. Divide the sample into three separate parts and markand seal or fasten up each part. Offer one part to the seller, importer or manufacturer orthe person having charge of the food. Deliver one of the remaining parts to an analyst. Retain the other remaining part. 11
E-BOOK FOOD LAW AND REGULATIONS PART IV : LABELLING Regulation 9. General requirements for labelling of food Definition of food packaging - any form on food for the purpose of protection, packaging, closure, closed container Can’t provide or sell products that don’t have a food Label as required by the regulation contained. 12
E-BOOK FOOD LAW AND REGULATIONS 1. The real name of the product 2. Ingredients (including food additives) 3. Nutritional information 4. Expiration date 5. Manufacturer's name and address 6. Storage method 7. Method of preparation 8. Bar code 9. Heavy 10. Logo - Halal, GMP, ISO, HACCP, etc. (if related) 13
E-BOOK FOOD LAW AND REGULATIONS REGULATION 10 LANGUAGE TO BE USED While those imported from abroad must be prepared in Malay or English, and in any case the translation can be enered in any other language. Food packaging labels produced in Malaysia must be prepared in Malay or English. 14
x r DEFINITION OF LABELLING E-BOOK FOOD LAW AND REGULATIONS PARTICULAR IN LABELLING 1. Every package containing food for sale shall, unless otherwise provided in these Regulations bear on it a label containing the following particulars, namely • a. the appropriate designation of the food or a description of the food containing the common name of its principal ingredients b. in the case of mixed or blended lood words which indicate that the contents are mixed or blended, as the case may be and such word shall be conjoined with the appropriate designation of the food, in the following form • "mixed" (here insert the appropriate designation of the food) or "blended" (here insert the appropriate designation of the food) Provided that the word "mixed" or "blended" shall not be conjoined with the appropriate designation of any mixed or blended food which does not comply with the standard prescribed by these Regulations. 15
(2) The statements required by paragraphs (1)(c) and (d), shall appear immediately below the appropriate designation of the food. (3) For the purpose of paragraphs (1)(e) and (g), where the ingredients of the food, or the food additives added to such food, are derived from animal, the common name of such animal shall also be stated on the label of that food: • Provided that it shall not be necessary to indicate the name of the animal from which the ingredient or food additive is derived if it can be inferred from the appropriate designation of such ingredient or food additive. E-BOOK FOOD LAW AND REGULATIONS 3A) For the purpose of subregulation (3), the origin of food and food ingredients obtained through modern biotechnology shall be stated as follows: "gene derived from (common name of such animal)" [4] For the purpose of paragraph (1) (a) a telegraphic or code address or an address at a Post Office or (b) the name of the company or the trade name of the manufacturer,packer, importer or seller appearing on any disc or cap or other device used for sealing any package of food shall not be sufficient. 16
For the purpose of sub regulation (1), the specific food or ingredients known to cause hypersensitivity areas follows E-BOOK FOOD LAW AND REGULATIONS Cereal containing gluten including wheat, rye, barley and oat Nut and nut product including peanut and soybean Fish and fish product Milk and milk product (including lactose) also egg and egg product 17
E-BOOK FOOD LAW AND REGULATIONS The particulars that are required by regulation 11, or by any other regulation, to appear on a label, shall appear conspicuously and prominently in the label Except as otherwise provided in these Regulations, the lettering for the particulars that are required by paragraph 11(1)(a) to appear on a label shall be so prominent in height, visual emphasis, and position as to be conspicuous by comparison with any other matter appearing on the label. Except as other wise provided in these Regulations, all particulars that are required by these Regulations to appear on a label shall be written in no smaller than 10 point lettering, and with equal prominence with any other matter appearing on or attached to the package. 18
Not with standing sub regulation (3), the statement of ingredients as required by paragraphs (e), (f), and (g), and the particulars that are required by regulation 11(1) and (k), and regulation 18B, may be written in no smaller than 4 point lettering unless otherwise provided in these Regulations. Every label required by these Regulations to be borne on a package shall be legibly and durably marked either on thematerial of the package or on material firmly or permanently attached to the package the package is made of clear transparent material. Not with standing sub regulation (5) a label may be firmly placed inside a package if a. the package is made of clear transparent material b. food contained in the package. No label shall appear on the extra wrapper of any food E-BOOK FOOD LAW AND REGULATIONS 19
REGULATION 13. SIZE AND COLOUR OF LETTERS. If the size of the letters to be used in the label is specified in these Regulations with reference to the minimum number of points These Regulations and for symbols of internationally accepted units of weight and measure, the letters of each word or statement required by these Regulations to written on the label should be a. all capital letters b. all lowercase letters These Regulations, where the words required by these Regulations to appear on the label in letters of the specified size and the package to be labeled are so small as to avoid the use of letters of that size These Regulations regarding the height of the letters shall be adequately observed. All lettering shall appear in a colour that contrasts strongly withits background c. lowercase letters with initial capital letters. E-BOOK FOOD LAW AND REGULATIONS 20
In these regulations, "date marking", in relation to a package of food, means a date permanently marked or embossed on the package, or in the label on the package, of any food signifying the expiry date or the date of minimum durability of that food, as the case may be. "Expiry date", in relation to a package of food, means the date after which the food, when kept in accordance with any storage conditions set out in the label of such food, may not retain the quality attributes normally expected by a consumer. Date of minimum durability, in relation to a package of food, means the date until which the food, when kept in accordance with any storage conditions set out in the label of such food, will retain any specific qualities for which tacit or express claim has been made. E-BOOK FOOD LAW AND REGULATIONS REGULATION 14. DATE MARKING 21
• a. in the case of food and food ingredients are composed of or contains geneticallymodified organisms, the words "genetically modified (name of the ingredienty shallappear on the label • b. in the case of food and food ingredients are produced from, but does not contain genetically modified organisms, the words "produced from genetically modified (name ofthe ingredient)" shall appear on the label • e. for the purpose of paragraph (d), the statement "contains genetically modified ingredient" shall be stated on the principal display panel in close proximity with thename of the food and shall be in not less than 10 point letteringe. E-BOOK FOOD LAW AND REGULATIONS For the purpose of paragraph (es) of subregulations (1) and (5), the origin of food and foodIngredients obtained through modern biotechnology shall be stated as follows "gene derived from (origin). Food and food ingredients obtained through modern biotechnology shall be labelled asfollows : c. for the purpose of paragraphs (a) and (b). in the case of single ingredient foods, the information shall appear on the principal display panel in close proximity with the name of the food and shall be in not less than 10 point lettering: d.for the purpose of paragraphs (a) and (b), in the case multi-ingredient foods, the information shall appear in the list of ingredients immediately following the ingredients 22
"EXPIRY DATE or EXP DATE (here insert the date, expressed in day,month and year or in month or year). Use buy here insert thedate, expressed in day,month and year or in month or year). The date of minimum durability in respect of any food, shall be shownin the following form E-BOOK FOOD LAW AND REGULATIONS PURPOSES OF SUBREGULATION 23
E-BOOK FOOD LAW AND REGULATIONS REGULATION 15. STATEMENT OF STRENGTH OF INGREDIENT If the standard of strength, weight or quantity, as the case may be, of any ingredient or component part of any food is mentioned on the label, unless otherwise provided in these Regulations. 24
Food labels must not contain information (comments, references or descriptions) that contradict the statement or content of the label The word "genuine" or other words thathave the same meaning, is not allowed. Words OR statements that indicate grading, quality, advantage or other words that have the same meaning. stated if certified by the authority responsible for the grading. For example: eggs, rice, cocoa However, words denoting gradation, quality, advantage or having a similar meaning can E-BOOK FOOD LAW AND REGULATIONS REGULATION 18. MATTER FORBIDDEN ON ANY LABEL 25
Unauthorized statements - A certificate stating that the food will provide an adequate source of all nutrients. - A statement that illustrates that eating a balanced diet or a combination of different types of food cannot provide a sufficient amount of nutrients. A statement that describes about absence - beef or pork or its derivatives, or lard, or added alcohol if the food does not contain such ingredients or any food additive or food additive the addition of which is prohibited under the PPM 1985 Material or pictorial design for the purpose of explaining recipes, the use of food recommendations serving food that is misleading or deceptive is not allowed. But if it is not misleading or confusing, it can be included provided it is closely joined with the word "RECIPE" or "SUGGESTED FOOD" or other words that have the same meaning. E-BOOK FOOD LAW AND REGULATIONS The words "compound mixture", "medicine", "tonic" or "health" or other words with a similar meaning are not allowed However, the word "genuine" or another word with the same meaning can be defined if - The food has the strength, purity or quality prescribed by the PPM 1985 and is free from any additives other than the additives required in the processing of the food and there is no express provision in the PPM 1985 that prohibits the use of such words on food labels. 26
FOOD ADDITIVE AND ADDED NUTRIENT IREGULATION 19 FOOD ADDITIVE • Any substance that is intentionally introduced into or on a food in small quantities. • To affect the food’s keeping quality, texture, consistency, appearance, odour, taste,alkalinity, or acidity. • To serve other technological function in the manufacture, processing, preparation,treatment, packing, packaging, transport, or storage of the food. • The results or may be reasonably expected to result directly or indirectly in thesubstance or any of its by-products. • For examples it also includes: • In the label on a package containing food additive; The words “(state the chemical name of the food additive) as permitted (state the type of food additive), provided that in the case of colouring substances orflavouring substances. E-BOOK FOOD LAW AND REGULATIONS Preservative Colouring substances Flavour enhancer Flavouring substances Antioxidant Food conditioner 27
REGULATION 20 PRESERVATIVE Banana cake from Malaysia recalled over preservative levels: SFA It detected the presence of sorbic acid in the cake atlevels exceeding the maximum limit for the compound as stated in the Singapore Food Regulations. The cake, imported by Goods Huat Hee Marketing,has a use-by date of Aug 30, 2022. The product's country of origin is Malaysia. Sorbic acid is a permitted food additive that is used for preservation purposes," said the agency, addingthat consumption of the affected product is unlikely to pose any adverse health effects due to its low toxicity. E-BOOK FOOD LAW AND REGULATIONS • Any substance that added to food and capable of inhibiting, retarding or arresting the process of decomposition, fermentation, or acidification of such food or of masking any ofthe evidence of purefaction. • It can prolong the shelf life of product and prolong the expireddate. • The use of more than one of such preservative is permitted by these Regulations the amount of each shall be such that whenexpressed as a percentage of the amount permitted singly, thesum of the several percentages does not exceed one hundred. 28
REGULATION 21. COLOURING SUBSTANCES REGULATION 22. FLAVOURING SUBSTANCE REGULATION 23. FLAVOUR ENHANCER 32 E-BOOK FOOD LAW AND REGULATIONS Colouring substance - Any substance that function to enhances colour to the final product. - Colouring preparations shall contain not less then 4 per cent of permitted colouring substance. For example - Green coloring - Red colouring Flavouring substance Chemically defined substance with flavouring properties either formed by chemical synthesis or obtained from materials of plant or animal origin. - Where more than one of such natural toxicants are present, the amount of each shall be expressed as a percentage of the amount permitted singly, the sum of the several percentages which does not exceed one hundred .For example: - Pandan flavour - Vanilla flavour - Chicken Flavour Flavour enhancer - Any substance that, when added to food, is capable of enhancing or improving flavour of that food. - A permitted flavour enhancer added to any food there shall be written in the label on a package containing such food the words “contains (state the chemical name of the flavour enhancer) as permitted flavour enhancer”. For example: - Monosodium glutamate (MSG) -Knorr Pasti Sedap - Mushroom seasoning 29
E-BOOK FOOD LAW AND REGULATIONS Regulation 25. Food Conditioner Any substance that is added to food for technological purpose to obtain desired food. Antioxidant means any substance that when added to food, is capable of delaying or retarding the development in foodof rancidity or other deterioration due to antioxidant.meaningThe substances specified in the headings of the Tenth Schedule shall be permitted antioxidants within the meaning. REGULATION 24. ANTIOXIDANT. 30
Examples Of Food Conditioner E-BOOK FOOD LAW AND REGULATIONS THICKENERS EMULSIFIER ANTICAKING AGENTS GELLING AGENTS 31
E-BOOK FOOD LAW AND REGULATIONS Regulation 26 (added nutrient) Definition: Live microorganisms whichwhen administered in adequate numbers confer health benefits on the host. DEFINITION: A Regulation 26A. PROBIOTIC CULTURE substance that provides essential for the maintenance of lifeand for growth. 32
E-BOOK FOOD LAW AND REGULATIONS The cultures specified in the twelfth a schedule or with prior written approval of the Director shall be probiotic cultures within the meaning and for the purposes ofthese Regulations. The probiotic cultures added shall be remain viable and the viable probiotic count shall not be less than10 cfu/ml or cfu/g during the shelf life of such food. The probiotic cultures shall not contain transmissible antibiotic resistant genes. There shall be written in the label on a package of food to which pro bioticcultures have been added, the following item the words "CONTAINS (state quantity) OF PROBIOTIC CULTURES" - the specification of genus, species, and strain of the probiotic cultures, the direction for storage be foremand after packageis opened. The common name of such animal shall be stated on the label of that food by using the words "MEDIA USED FOR PROPAGATION OF PROBIOTIC CULTURE DERIVED FROM (the common name of such animal) There may be written in the label on a package of food to which probiotic cultures have been added, the words "Probiotic cultures help in improving intestinal or gut function" or any other words of similar meaning. 33
\ Food Hygiene Regulation2009 Background Promulgation began in 1983. Based on Food Hygiene code of Practice 1974, The Codex general Principlesof Food Hygiene, Regulation (EC) No. 852/2004 (hygiene of foodstuffs) and Regulation (EC) No. 853/2004 (hygiene rules for food of animal origin). Sections under Food Act 1983 General Objective The Food Hygiene Regulations 2009 provides an infrastructure to control thehygiene and safety of food sold in the country to protect public health. Specific Objective E-BOOK FOOD LAW AND REGULATIONS • To ensure food premises are hygienic and satisfactory in terms of design and building. • To provide for requirement of mandatory food safety assurance program such as HACCP, GHP and GMP in food factories. • To ensure food handlers maintain personal hygiene and avoid practices that can contaminate food. • To ensure equipment and appliances used are suitable, clean and easy-to-clean. • To facilitate, strengthen and harmonize the enforcement activities in food premises including those conducted by the Local Authorities. Section 10 - Director may order food premises or appliances to be put into hygienic and sanitary condition Section 11 - The Director or an officer authorised by him in this particular respect may in writing order the closure forthwith not exceeding 14 days of any premises preparing or selling food that fails to comply with sanitary and hygienic requirements and such that it is likely to be hazardous to health 34
Application All food premises as defined in the regulations shall comply with the Food Hygiene Regulations 2009. Definition under Food Act 1983 “premises” includes: (a) any building or tent or any structure, permanent or otherwise together with the land on with the building,tent or other structure is situated and any adjoining land used in connection therewith and any vehicle conveyance, vessel or aircraft; and (b) for the purposes of section 4 any street, open space or place of public resort or bicycle or any vehicle used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food. “food premises” means premises used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food, or therelabelling, reprocessing or reconditioning of any food. Content E-BOOK FOOD LAW AND REGULATIONS Part I Preliminary Part II Registration of food premises Part III Conduct and maintenance of food premises Part IV Food handler Part V Special requirements in handling, preparing, packing, serving, storing and selling of specific food Part VI Carriage of food Part VII Miscellanous 35
Part I Preliminary Regulation 2 Interpretation E-BOOK FOOD LAW AND REGULATIONS Microbiological contaminant: Includes viruses, bacteria, fungi and their toxins but does not include microorganisms which are permitted to be added into food under the Food Regulation 1985 Potable water: Any water complies with the standard prescibed in the Food Regulations 1985 Perishable food: Any food that is liable to perish or spoil rapidly High risk food: All prepared or cooked foods which are capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms Owner: Any person for the time being receiving a rent of any food premises, whether on his own account or as agent or as receiver, or who would receive the rent if the land or house comprised in the premises is let to a tenant Food handler: Any person who is directly involve in the preparation of food, comes into contact with food or food contact surfaces and handles packaged or unpackaged food or appliances. Disposable appliances: Any utensil, instrument, apparatus or any other article that is intended to be used once in the preparation, storage, display, consumption, or sale of any food. Sanitary: Free from any condition or circumstances affecting health and includes such conditions or circumstances which may lead to or cause contamination of food which microbiological contaminants or toxic substances which can render the food hazardous to health. 36
Important Section To Highlight PART II REGISTRATION OF FOOD PREMISES i. Application for registration ii. Certificate of registration iii. Validity of certificate iv. Application for renewal of certificate Regulation 3 – 7 • All food premises in First Schedule must be registeredwith Ministry of Health Malaysia. • Fee for the certificate of registration issued is RM 30.00 and valid for a period 3 years. • Certificate of registration as prescribed in the SecondSchedule. • Application for renewal must be made at least 30 daysbefore expiry date. E-BOOK FOOD LAW AND REGULATIONS 37
PART III CONDUCT AND MAINTENANCE OF FOOD PREMISES Chapter 1 • Duty of proprietor, owner or occupier of foodpremises Chapter 2 • General requirements for food premises Chapter 3 • Specific requirements for foodpremises. Chapter 1 Duty of proprietor, owner or occupier of food premises Regulation 8 Display of certificate of registration, notices, etc. in food premises 8. 1. A proprietor or owner of food premises should conspicuously display 2. A proprietor or owner of food premises that fails to complete sub regulation (1)commits an offence and shall on conviction, be liable a fine not exceeding RM10,000 or to imprisonment not exceeding 2 years. E-BOOK FOOD LAW AND REGULATIONS Certificate of registration of food premises Notice to wash hands thoroughly Notice that disallows animal into food premises 38
Regulation 9 Food safety assurance program All food premises specified in the Third Schedule must have a food safetyassurance program. Regulation 10 Food traceability system All food premises shall have a food traceabilitysystem from production to distribution. Regulation 11 General duties of proprietor, owner or occupier of food premises Complies with general requirements of food premises Employ only food handlers who have: ➢ Undergone a food handler training and ➢ Been medically examined and vaccinated Maintain records pertaining to cleaning, packaging, processing, storing, distributing of food. E-BOOK FOOD LAW AND REGULATIONS 39