CHAPTER 1 : Laws and Regulation Related With Halal

CHAPTER 1 :

Laws and Regulation Related With HalalIntroductionLooking into world scenario today, there were increasing number of demand on halal products.

This is due to increasing number of Muslim population that reach until 2 billion people.

57 country has a majority of Muslim peoples.Estimated that by 2010 the number of Muslims increased to three billion people while by 2025 the number rose to 30 per cent of total the world's population.

These facts clearly show how the need for a clear guidelines and laws that comprehensive and effective to ensure that every Halal products are marketed to meet the requirements of Islamic law.In the Malaysian context, there are numerous efforts have been undertaken in respect of products halal and which is :The organization of the Malaysia International Halal Showcase or (MIHAS). The world's largest trade show for products and halal. A total of 97 international companies from 26 countries meet 105 booth provided Whilst the other 409 booths occupied by 327 local companies

In 2004, Malaysia has issued Halal standards MS1500: 2004 which is the first of its kind in the world. Guidelines for food industry on the preparation and handling of halal food or basic food products regulation as well as for trade or business.

From the legal aspect, there are provisions under various laws or enactments affecting on the enforcement and implementation for Halal.

Halal LegislationLegislation on halal production is very much needed as the non-Muslim manufacturers also produce food offered for sale.

To protect the consumers i.e.to ensure that halal food producers fulfill their moral obligation towards the consumers

to carry out their business fairly, sincerely, transparent and consumer friendly.To facilitate halal food trade for both local and global market.

The Act will stand as a guideline to all Muslim and non-Muslim food manufacturers.Enforcement of HalalTrade Description Act: Ministry of Domestic Trade and Consumer Affairs.The law is enforced in cooperation with several government agencies:Department of Veterinary Services, Ministry of Health, Ministry of Domestic Trade and Consumer Affairs headed by JAKIM and at state level it is headed by the State Department of Religious Affairs.The enforcement regarding the expression Halal is implemented under the Trade Descriptions Act 2011, Trade Descriptions (Definition of Halal) Order 2011, Trade Descriptions (Certification and Marking Halal) Order 2011.

The act offers protection to traders/ consumers from unethical trade practices. The use of Halal expression is construed as a trade description for the purposes of this Act.

Trade Descriptions (Definition of Halal) Order 2011 Section 28

Section 28 seeks to provide for the powers of the Minister to define any expression and for requiring the information given, and others.

The Minister is empowered to give the meaning of any expression used for items of goods or services as having a particular meaning.

Under the order, the Minister may prescribe either in the sense of the phrase as used in the course of trade or business or when used in circumstances specified in the order.Section 28 also provides that the Minister may prescribe an offense for any person that deceive or mislead the public that the products offered meet the definition made by the Minister under this section.

It seeks, among other things, to take action against any person who deceive the public that the food on offer are Halal.Through the enforcement of this section, it will prevent users from confused or misled by certain expressions in contravention of the goods and services offered specifically related to halal products and services.

So based on this section, the Minister of Domestic Trade, Cooperatives and Consumerism Ministry (KPDNKK) has released the Trade Descriptions (DEFINITION OF HALAL) 2011.Halal Defined and other termsWhen food or goods or service in relation to the food or goods used in the course of trade or business is described as halal or by any other expression indicating that Muslims are permitted to consume or use such food or goods or service, means the food or goods or service in relation to the food or goods:Neither is nor consist of or contains any part or matter of an animal that a Muslim is prohibited by Hukum Syarak to consume or that has not been slaughtered in accordance with Hukum Syarak and fatwa;

Does not contain anything impure according to Hukum Syarak and fatwa;

Does not intoxicate according to Hukum Syarak and fatwa;Does not contain any parts of a human being or its yield which are not allowed by Hukum Syarak and fatwa;

Is safe to be used or consumed, not poisonous or hazardous to the health;

Has not been prepared, processed or manufactured using any instrument that was not free from anything impure according to Hukum Syarak;

Has not in the course of preparation, processing or storage been in contact with, mixed, or in close proximity to any food that fails to satisfy paragraph (a) and (b).OffenceAny person who supplies or offers to supply any food, goods or service in relation to the food or goods which is described as halal or any other expression which is not in compliance with this Order shall be guilty of an offence.Offence for an act of deceit or misleadAny person who supplies or offers to supply any food through any representation or an act which is likely to deceive or mislead those who have been supplied or offered to be supplied that the food is either halal or can be consumed by Muslim commits an offence.Save in accordance of the interpretation of representation and conduct as in subparagraph (1), the representation or conduct includes the usage of holy words of AlQuran (ayat-ayat suci Al-Quran) or any matter or object in relation to Islam either in the premises of which such food is sold or in the container of which such food is supplied;

In any proceeding for the offence under subparagraph (1), the onus in proving that the food which is being supplied or offered to be supplied is halal in accordance with paragraph (3) shall lies on the person charged.PenaltyIf such person is a body corporate;

Fine not exceeding five million ringgit ANDFor a second or subsequent offence to a fine not exceeding ten million ringgitIf such person is not a body corporate;

Fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both AND For a second or subsequent offence to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or both.

Trade Descriptions (Certification and Marking of Halal) Order 2011 Section 29Section 29 provides that the Minister may by order;

Impose requirements to ensure that the goods are marked or accompanied by such information

Regulate or prohibit the supply of goods related to the requirement that covers the form and manner in which the information or instructions to be given.Based on this section, the Minister of Domestic Trade, Cooperatives and Consumerism Ministry (KPDNKK) may designate any competent authority to certifying and stamping on a product, including those related to the halal certification.

Under the provisions of this section, the Minister of Domestic Trade, Cooperatives and Consumerism Ministry (KPDNKK) has released the Trade Descriptions (CERTIFICATION AND MARKING OF HALAL) 2011.MS 1500 : 2009 1 044-10/2010

EXAMPLE

OffenceAny person who supplies or offers to supply any food, goods or service in relation to the food or goods which deems to be in contrary to this Order shall be liable and upon conviction.PenaltyIf the person is an incorporated body;

Shall be punished with fine not exceeding two hundred and fifty thousand ringgit.

AND

For every second subsequent offence shall be liable to fine of five hundred thousand ringgit.ContIf the person is not a body corporate;

Shall be punished with fine not exceeding one hundred thousand ringgit or with imprisonment for a term of not more than three years.

AND

for every second or subsequent offence and for maximum penalty of two hundred and fifty thousand ringgit or imprisonment of not more than five years or to both.Transition