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12/9/2013

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 & Agrobased
Industry (MOA)
Ministry of Domestic Trade, Cooperative
& Consumerism
Royal Malaysian Custom

Halal Industry Development


Corporation (HDC)
Ministry of Health (MOH)
Ministry of Science, Tech & Innovation
(MOSTI)
Ministry of International Trade & Industry
(MITI)
Institute of Higher Learning & Research
Institutes

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.

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

MOA
Primary production:
Agricultural produce
Livestock/poultry
Fisheries production

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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SECTION 28-1
TDA 2011
Provision related to Halal Certification
TRADE DESCRIPTION ACT (DEFINITION
OF HALAL) 2011 UNDER SECTION 28

CITATION AND COMMENCEMENT


Cited as Trade Description Act 2011
Definition of Halal
In operation 1 January 2012

TRADE DESCRIPTION ACT


(CERTIFICATION & MARKING OF HALAL)
2011 UNDER SECTION 29

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 halal
commits 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

PENALTY

If such person is a body corporate :

If such person NOT a body of corporate :

First offence is
fine not
exceeding RM 5
million

and

Second &
subsequent
offence, a fine
not exceeding
RM 10 million

*First offence is fine


not exceeding RM 1
million
*Imprisonment of not
exceeding 3 years
*to both

Second & subsequent


offence
and

*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 29-4
CERTIFICATION 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

PENALTY

If such person is a body corporate :

If such person NOT a body of corporate :

First offence is
fine not
exceeding RM
250 000

and

Second &
subsequent
offence, a fine
not exceeding
RM 500 000

*First offence is fine not


exceeding

Second & subsequent


offence

RM 100 000
*Imprisonment of not
exceeding 3 years
*to both

and

*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..

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