chap 2- legal control cert
DESCRIPTION
halal topicTRANSCRIPT
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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..