Chandran ThangayahSenior Assistant Director

Food Safety and Quality Division Ministry of Health Malaysia

21 April 2014

� Introduction

� Food Act 1983

� Regulations made thereunder

� Conclusion

To ensure the public is protected against:

� Health hazards; and

� Fraud in the preparation, sale and

use of food and for matters

connected to it.

PART I Preliminary

PART II Administration and enforcement

PART III Offences and Evidence

PART IV Importation, Warranty and Defenses

PART V Miscellaneous Provisions

PART I Preliminary

�Short title, application and commencementFood Act 1983 shall apply throughout Malaysia.

�Interpretation•Appliance•Food•Food premises•Import•Sell or sale and etc.

PART II Administration and enforcement

�Appointment of analysts and authorised officers

�Approved laboratories

�Powers of authorised officers

�Power to take sample

�Procedure for taking sample

�Certificate of analyst

PART II Administration and enforcement (cont.)

�Power to call for information

�Power to the Director General to obtain particulars of certain food ingredients

�Director may order food premises or appliances to be put into hygienic and sanitary condition

�Closure of insanitary premises

�Conviction published in newspapers

PART III Offences and Evidence

�Meaning of “owner of the rights of the manufacturer or packer”�Foods containing substances injurious to health�Food unfit for human consumption�Adulterated food�Removal of food from food premises�Prohibition against sale of food not of the nature, substance or quality demanded�Labelling �False labelling�Advertisement�Power of court to order license to be cancelled and food to be disposed of

PART III Offences and Evidence (cont.)

�Prosecutions�Certificate of analyst to be prima facie evidence�Court may order independent analysis�Presumption of sale�No defence that offence not wilfully committed�Advance notice of expert evidence in court�Sales by agent or servant�Presumption for human consumption�Non-disclosure of information�Manufacturing process and trade secret�Liability of importer, manufacturer or packer, etc.

PART IV Importation, Warranty and Defenses

� Importation� Warranty� Reliance on written

warranty a good defence� Penalty for false warranty

PART V Miscellaneous provisions

� Prosecution� Power to order appearance in court� Power to compound� Offence by body corporate� Protection against legal proceedings� Indemnity� Power to make regulations� Repeal and savings� Application to tobacco, etc.

� Food Regulations 1985

� Food (Issuance of Health Certificate for Export of Fish and Fish Product to the European Union) Regulations 2009

� Food Hygiene Regulations 2009

� Food Irradiation Regulations 2011

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 requirements for

food

PART XI Use of Water, ice or steam

PART X Miscellaneous

FOOD REGULATIONS 1985

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�Why Label?• Promotes transparency and avails consumers to

an informed choice.

• In line with consumers’ right to know.

• Important information that might have health implications (allergenic effects) are made known.

Labelling

General labelling

Nutrition labelling

Hypersensitivity labelling

Organic labelling

GMF labelling

ABC©ABC©

Ingredient: Corn flour, corn flakes (genetically modified corn), glucose syrup, sugar, salt, yeast, egg and milk. Contain permitted preservative and emulsifier as permitted food conditioner.

Manufactured by:

ABC Company,

5555 USA

Imported by:

FGH Sdn. Bhd.

No. 1, Jalan 123, Taman Perindustrian FGH,

58000 Kuala Lumpur

Net weight: 360g

NUTRITION INFORMATION

SERVING SIZE : 33 g

Per 100 g Per serving (33g)

Energy 445 kcal/1869 kJ 147 kcal/617 kJ

Carbohydrate 60.7 g 20.0 g

Protein 7.9 g 2.6 g

Fat 18.1 g 5.9 g

EXAMPLE OF LABELLING

BEST BEFORE: 01/01/2013Product of USA

FOOD REGULATIONS 1985

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Food Additive

‘Food Additives’ – any safe substance added to food in small quantities to affect the food’s quality, texture, appearance, etc and INCLUDES

preservative, antimicrobial agent, colouring substance, flavouring substance, flavour enhancer, antioxidant and food conditioner

FOOD REGULATIONS 1985

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Added Nutrient

‘Added nutrient’ includes any mineral, vitamin, amino acid, fatty acid, nucleotide or other food components which, when added singly or in combination to food, improves the nutritional value of the food.

FOOD REGULATIONS 1985

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Packages for Food

Packages shall not yield to its content any toxic injurious or tainting substance, which contributes to the deterioration of the food.

FOOD REGULATIONS 1985

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Incidental

constituent

No person shall keep, carry, spread or use, or cause or permit to be kept, carried, spread or used, any toxic, noxious or harmful substance so as to expose a food intended for sale to the risk of contamination by that substance at any time in the course of the preparation, manufacture, storage, packaging, carriage, delivery, or exposure for sale, of the food.

Metal contaminant

3-MCPDMicroorganisms and their toxins

Drug residue

Pesticide residue

FOOD REGULATIONS 1985

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Standard for Food

� Standard –

• Definition and ingredient

• Quality/safety requirement

• Additives

� Particular labelling requirements

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89 Flavoured Milk

1) Flavoured milk shall be milk or recombined milk to which permitted flavouring substance has been added and may contain sugar or salt or both. It shall have been efficiently heat-treated by one of the methods specified in paragraph (a) or (b) of subregulation (1) of regulation 85, subregulation (1) of regulation 86 or subregulation (1) of regulation 87.

2) Flavoured milk shall contain not less than –(a) 2 per cent of milk fat; and(b) 8 per cent of non-fat milk solids.

3) Flavoured milk may contain permitted colouring substance and permitted food conditioner.

4) Flavoured milk shall be homogenized and shall comply with the Homogenization Test.

5) [Deleted by P.U.(A) 162/88].

6) In the case of flavoured milk prepared from pasteurized milk, no ingredient shall be added to such milk after pasteurizing, except that permitted coloring substance and permitted flavouring substance may be added to such milk after pasteurizing, provided that the permitted coloring substance and permitted flavouring substance are sterilized and the addition is made immediately before the flavoured milk is packed into final containers.

7) There shall be written in the label on a package containing flavoured milk, the words "flavoured milk" or the name of the flavour conjoined with the words "flavoured milk". These words shall form the first line of the label and no other words shall appear in the same line.

Definition

Ingredients

Quality

Additives

Safety

Label

� Any person who intends to export any fish and fish products to the European Union shall comply with the following requirements:

� Establishment is registered and approved, and listed in the 3rd Country List of the EU.

� Food safety assurance system in place.

� Health certificate is required for each consignment.

FOOD (ISSUANCE OF HEALTH CERTIFICATE FOR

EXPORT OF FISH AND FISH PRODUCT TO THE

EUROPEAN UNION) REGULATIONS 2009

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FOOD HYGIENE

REGULATIONS 2009

� Registration of Food Premises

�Conduct and Maintenance of Food Premises

� Food Handler

�Special Requirements in Handling, Preparing, Packing, Serving, Storing and Selling of Specific Food

� Carriage of Food

� Compoundable Offences

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FOOD IRRADIATION

REGULATIONS 2011

� Registration of Food Irradiation Premises

� Operation of Food Irradiation Premises

� Certificate of Irradiation

� Packaging and Labelling Requirements

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AMENDMENT TO THE FOOD

REGULATIONS 1985

� Regulations need to be amended from time to time to take into consideration:

o New development in food science and technology

o Change of national policy

o In line with international practice and norms

o Request from industry, enforcement and/or consumer

AMENDMENT TO THE FOOD

REGULATIONS 1985

� The Advisory Committee on the Food Regulations 1985 is responsible for the development of new and amendment of current regulations.

� An Inter Agency Committee

� Member includes:• Academia• Government agencies• Non-government agencies

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AMENDMENT TO THE FOOD

REGULATIONS 1985

� Proposals on amendment to the Food Regulations 1985 may be made by the industries and interested parties

� Format /forms for amendment :

General Format for the

Application on Amendment of

the Food Regulations 1985

Format for the Application for

the Use of a Food Additive

Application to Addition to

Nutrient Supplement List (Table

1) of Twelfth Schedule

Application for Addition to

Nutrient Reference Value (NRV)

List [Regulation 18B(II)]

Application for Nutrition Claims

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AMENDMENT PROCESSSTEP I

Secretariat of the Expert Working Group identifies the issues to regulate or amend

STEP IIThe secretariat will present the proposal in the related expert working group

STEP IIIFood Regulations 1985 Advisory Committee will deliberate the proposal from the expert

working group

STEP IVFSQD will present the proposed amendment draft for public comments

STEP VIf there are no comments, the draft amendment for gazattement will be prepared

STEP VIDraft regulation will be forwarded to the legal advisor of Ministry of Health and then to the

Minister of Health for signature

STEP VIIRegulations gazetted and printed

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CONCLUSION

All stakeholders have a shared aim and a shared responsibility

of ensuring food safety. When the government and the food

industry fails, and there is a food safety crisis/outbreak, the

public is harmed, the government is blamed and the food

industry suffer loses. However, all these can be prevented

through a proper balance of regulatory governance and self-

imposed food safety assurance. The challenge before us is great

but the rewards are even greater.

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THANK YOU FOR YOUR

KIND ATTENTION

http://fsq.moh.gov.my

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