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FREQUENTLY ASKED QUESTIONS ABOUT MALAYSIAN HALAL CERTIFICATION

CATEGORY: GENERAL MALAYSIAN HALAL CERTIFICATION

NO QUESTION ANSWER 1 What other local and foreign halal logos and

certification bodies are recognised by JAKIM?

(a) Local: JAKIM recognises halal certification conducted by the State Islamic Religious Councils (MAIN)/State Islamic Religious Departments (JAIN). (b) Foreign: As of December 2010, 51 foreign halal certification bodies have been recognised by JAKIM. Information on these bodies and their logos may be obtained through the halal portal at www.halal.gov.my or through a brochure listing foreign halal certification bodies available from the Halal Hub Division of JAKIM.

2 How do consumers discern that imported products in the market have recognised halal certification?

Consumers may discern these products through the logo or name of the recognised foreign halal certification body on the product label.

3 What is the difference between Malaysian halal certification and halal certification issued by private bodies?

The difference is as follows: (a) Malaysian halal certification:

i. is conducted by a government-approved body; ii. is granted based on prescribed standards and procedures; iii. is in accordance with the relevant laws; and iv. is constantly monitored by the responsible authorities.

(b) Private halal certification is carried out by bodies that are not

recognised by the government. 4 Has there been any cooperation between

private companies and the government to issue halal certificates?

To date, there has not been any cooperation between the government and private companies in issuing Malaysian halal certification.

5 Can applications for Malaysian halal certification be submitted manually?

No. All applications for Malaysian halal certification must be made online through the halal portal www.halal.gov.my.

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6 Can applications from other countries be made online?

Yes. All applications for Malaysian halal certification can be made through the halal portal, www.halal.gov.my/international.

7 What laws are applicable in Malaysian halal certification?

The following laws are applicable in Malaysian halal certification: i. Trade Descriptions Act 1972 (Trade Descriptions Order (Use of

Expression ‘Halal') 1975) which explains the definition of ‘halal’, preparation of halal food according to Islamic law and the offence of falsifying raw materials and halal documents (Ministry of Domestic Trade, Cooperatives and Consumerism);

ii. Food Act 1983 (Ministry of Health) – related to labelling, hygiene practices and food safety;

iii. Veterinary Public Health Ordinance 1999 [Animals Act 1953 (revised 2006), Abattoirs (Privatisation) Act 1993 and Lembaga Kemajuan Ternakan Negara (Dissolution) Act 1983 (Veterinary Services Department) – regarding animal husbandry, disease control etc], Sabah Slaughter House Rules 2003;

iv. Customs Act 1967 (Prohibition of Imports 1998) – pertaining to halal meat import/export;

v. Shariah Criminal Offences Ordinance (Sarawak) 2001, Majlis Agama Islam Negeri Sabah Enactment 2004, State Shariah Criminal Offences Enactment;

vi. Local Authority By-Laws; vii. Trade Marks Act 1976; and viii. Control of Drugs and Cosmetics Regulations 1984 (amended 2010)

8 Does the use of halal logos in advertisements require approval from JAKIM/MAIN/JAIN?

No. However, the authority responsible for approving the advertisements must refer to JAKIM for authentication.

9 Can the halal logo be printed on catalogues/brochures/bulletins/name cards/company letterheads, etc?

No. The halal logo may be printed only on products that have obtained the Malaysian Halal Authentication Certificate.

10 Is the status of foreign products that have been verified as halal by JAKIM/MAIN/JAIN displayed and updated on the halal portal?

Yes. Foreign products that have been verified as halal by JAKIM/MAIN/JAIN are displayed and frequently updated on the halal portal.

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11 Aside from JAKIM, are there any other organisations that issue halal certification in Malaysia?

Yes. There are private organisations that issue halal certification in Malaysia.

12 Are the halal certificates issued by private organisations recognised by JAKIM?

No.

13 Will JAKIM impose a rule stating that only the Malaysian halal logo issued by JAKIM/MAIN/JAIN will be recognised in Malaysia in the future?

Yes; (a) Within the country

JAKIM will recognise only Malaysian halal certificates issued by JAKIM/MAIN/JAIN. In addition, JAKIM does not recognise halal certificates issued by private organisations in Malaysia.

(b) Abroad JAKIM recognises the halal logos issued by 51 foreign Islamic organisations (the full list of logos is available at the halal portal, www.halal.gov.my).

14 Is a Halal Executive/Internal Halal Committee part of the application requirements for Malaysian halal certification?

According to the Manual of Malaysian Halal Certification Procedure, a Halal Executive/Internal Halal Committee is mandatory for multi-national companies and small and medium industries only. Nevertheless, small industries are encouraged to follow suit.

15 What are the responsibilities and roles of the Halal Executive/Internal Halal Committee?

The Halal Executive/Internal Halal Committee ensures the efficient implementation of the internal halal control system.

16 In the case of foreign companies that have difficulty appointing/do not have a Halal Executive/Internal Halal Committee, can the company appoint an external party as an external monitor/auditor?

Yes, foreign companies that have difficulty appointing/do not have a Halal Executive/Internal Halal Committee may appoint an Islamic body that is recognised as an external monitor/auditor.

17 Which religious edicts may be referred to in halal matters?

Religious edits related to halal matters may be referred to at the e-fatwa link at www.e-fatwa.gov.my.

18 What is the difference between the halal certification issued by JAKIM and that issued by the State Islamic Religious Councils/State Islamic Religious Departments?

The Religious Exco Meeting in 1998 decided that: 1) The scope of MAIN/JAIN halal certification covers the local market;

and 2) The scope of JAKIM halal certification covers the federal level and

products for export.

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(However, the Trade Descriptions Act amendments 1972 and 1975 passed by Parliament stated that the scopes of halal certification for MAIN/JAIN and JAKIM are the same.)

19 What are the additional conditions pertaining to the use of the Malaysian halal logo?

The additional conditions are as follows: a) The use of the Malaysian halal logo on product labels must be

accompanied by the relevant standard number according to category (for products - MS1500:2009, cosmetics and personal care products - MS2200: Part 1:2008) and a 10-digit company reference number. This regulation will take effect on 1 July 2011 and will be enforced fully on 1 January 2012 (use of logo);

b) The use of halal logo stickers for food premises will be implemented beginning 1 March 2011. Holders of the existing Malaysian Halal Authentication Certificate will be given six months from this date to comply with the regulation.

20 What facilities are provided by the halal directory search engine on the website, www.halal.gov.my (e.g.: premises, products)?

Consumers may easily obtain information on products/food premises/companies that have acquired the Malaysian Halal Authentication Certificate through the halal directory search engine by entering the desired keywords. Example: Poultry All information related to poultry will be listed according to category, such as company/product/food premises/abattoir.

21 How do relevant agencies that are directly involved in the halal industry assist JAKIM/MAIN/JAIN in carrying out Malaysian halal certification?

JAKIM/MAIN/JAIN welcome the involvement of relevant agencies that are directly involved in the halal industry to assist them in upholding Malaysian halal certification at the national and international levels through various forms of collaboration.

22 May manufacturers fill in confidential information on ingredients in the e-Halal form separately from applicants? What is the procedure?

Yes. The applicant needs to create a manufacturer’s account by following these steps:

i) Click on ‘Production Factory’; ii) Click on ‘Add’ and fill in information about the factory;

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iii) Click on ‘Save’; iv) Click on ‘Password’; v) The ID and password window will be displayed; and vi) The applicant must inform the manufacturer of the ID and

password to enable the manufacturer to fill in the information on ingredients.

23 What is the procedure for filling in information on product addition and renewal in the Halal Malaysia website?

To fill in information on product addition: i) Log in to your account; ii) Click on the list of ingredients under ‘Application Information’; iii) Click on the ‘Add’ button and enter the data in the pop-up

window, then click on ‘Save’ and ‘Close’; iv) Click on ‘Certificate Application’ under ‘Application Information’; v) Choose a category: new application/addition/renewal; vi) Fill in the relevant information and then click on ‘Save’; and vii) Click on ‘Submit this application’.

Note: Additions and renewals must be applied for separately.

APPLICATION PROCESS

NO QUESTION ANSWER 1 Is the e-Halal System Applicant’s Manual

available in other languages besides Malay?No. A multi-lingual applicant’s manual is still in the preparation process.

2 What should an applicant do if he forgets his password and username or cannot sign in to the e-Halal system?

The applicant may contact the Process Unit, Halal Hub Division at 03-83150200 to obtain a temporary password. (Only on working days: 8.00 a.m. – 5.00 p.m.)

3 How long does it take to obtain the halal certificate after registering online?

For local applications, it does not take more than 30 working days after payment is received on condition that the applicant adheres to all requirements and procedures of the halal certification. Foreign applications take 60 working days on condition that the applicant adheres to all requirements and procedures of the halal certification.

4 What processes are involved throughout the application?

Generally, the processes are: 1) Checking of the e-Halal form and supporting documents;

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2) Receipt of certification fee; 3) Auditing and preparation of audit report; 4) Malaysian Halal Authentication Panel meeting; and 5) Issue of the Malaysian Halal Authentication Certificate

5 What supporting documents are required when applying for Malaysian halal certification?

The supporting documents that must be attached are based on the following categories: Product category:

i) Copy of company registration certificate; ii) Copy of business licence from the local authority; iii) Company’s financial statement; iv) Copy of identity cards & appointment letters of two Muslim Malaysian

workers in the production division; v) Copy of product registration certificate from the National

Pharmaceutical Control Bureau for traditional medicine and health food supplements;

vi) Copy of notification from National Pharmaceutical Control Bureau for cosmetics and toiletries;

vii) Copy of valid halal certificate for ingredients from the State Islamic Religious Department (JAIN) and recognised foreign Islamic body;

viii) Copy of product specifications for each ingredient; ix) Sample of packaging label/graphic artwork for product to be certified

halal; x) Process flow chart for each product; xi) Location map of premises/factory; and xii) Letter of undertaking for renewal application without change in

ingredients and suppliers

Food premises category: i) Copy of company registration certificate; ii) Copy of business licence from the local authority; iii) Copy of identity cards & appointment letters of two Muslim Malaysian

cooks / food handlers for each outlet/premises/kitchen; iv) Copy of valid halal certificate for ingredients from the State Islamic

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Religious Department (JAIN) and recognised foreign Islamic body; v) Copy of product specifications for each ingredient; and vi) Location map of premises

Abattoir category:

i) Copy of company registration certificate; ii) Copy of business licence from the local authority; iii) Copy of import permit from the Department of Veterinary Services for

meat/animal-based products (if relevant); iv) Copy of VHM/VHC from the Department of Veterinary Services; v) Copy of identity cards of slaughterer, checker and supervisor; vi) Copy of letter of accreditation for permanent slaughterer from the State

Islamic Religious Department; and vii) Location map of abattoir

6 What raw materials are frequently the main issue in complying with conditions of Malaysian halal logo certification?

These are the animal- and alcohol-based raw materials. (For more details, please refer to the Handbook of Halal Food Additives published by JAKIM.)

7 What are the requirements for applications involving product names/menus in foreign languages?

Product names/menus in foreign languages must first be translated into Malay or English by the Malaysian National Institute of Translation (ITNM). If the translation is done by the applicant, it must be certified by the Malaysian National Institute of Translation (ITNM).

8 Are pharmaceutical products included in the scope of Malaysian halal certification?

No. Pharmaceutical products are not included in the scope of Malaysian halal certification.

9 Are products classified as medical equipment by the Medical Device Bureau of the Ministry of Health included in the scope of Malaysian halal certification?

No, products classified as medical equipment by the Medical Device Bureau of the Ministry of Health are not included in the scope of Malaysian halal certification.

10 What causes an ingredient to be considered critical?

An ingredient is considered critical if it involves animal elements such as oil, fats and alcohol.

11 What are the differences between critical ingredients, partially critical ingredients and

The differences between critical ingredients, partially critical ingredients and non-critical ingredients are as follows:

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non-critical ingredients? Critical: i) Meat products & meat derivatives; ii) Dairy & dairy products; iii) Phosphate; iv) Emulsifier; v) Gelatine & gelatine-based products; vi) Oil & fats; vii) Flavour enhancer; viii) Yeast; ix) Surimi; x) Improver; xi) Stabiliser/cloudifier; xii) Antioxidant; xiii) Protein and its derivatives; xiv) Amino acid; xv) Egg white powder; xvi) Glazing agent; xvii) Seasoning (flavour); xviii) Culture; xix) Coconut cream powder; xx) Agar powder; xxi) Chocolate coating; xxii) Enzymes; xxiii) Collagen; and xxiv) Fat-soluble vitamins (A, D, E, K)

Partially Critical:

i) Vinegar; ii) Paste/Premix/Filling/Concentrate; iii) Sauce/ Soy sauce; iv) Colouring; v) Modified starch; vi) Lecithin;

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vii) Mee (noodles)/Kueh tiaw (flat rice noodles); viii) Dried tofu (fu-chuk); and ix) GDL (Glucuno-delta-lactone)

Non-Critical:

i) Natural/plant/fish/seafood; ii) Chemicals; iii) Natural sweetener; iv) Essential oil; v) Chitosan; vi) Thickener; vii) Texturiser; viii) Calcium propionate; ix) CMC (Carboxymethylcellulose); x) Anti-foam; xi) Anti-microbial; xii) Vitamin C; and xiii) Extract

12 Are self-declarations about the source of an ingredient acceptable?

No, self-declarations about the source of an ingredient are not accepted in Malaysian halal certification.

13 In the absence of a recognised halal certificate for an ingredient, what should the applicant do?

The applicant may submit a product specification/material safety data sheet (MSDS)/Certificate of Analysis (COA) from a recognised laboratory.

14 Is information about the latest status of food premises/abattoirs/products/logistics on the e-Halal portal regularly updated as reference for consumers?

Yes. The halal status is always updated as soon as the product/ food premises/ abattoir/ logistics acquires halal authentication.

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AUDITING

NO QUESTION ANSWER 1 How are products of small industries used

when most of them do not have halal certificates?

Products of small industries may be used so long as their ingredients and production processes adhere to Islamic law and the Malaysian Food Act 1983.

2 Do raw materials from non-animal sources such as plants, fruit, flowers and wood roots require halal certification?

Natural raw materials that are plant-based as mentioned do not require halal certification. However, if they have been processed into products, the applicant must present halal certification or product specification.

3 Do raw materials from river, lake and ocean sources/animals also require halal certification?

No. What is important is that the raw materials are not obtained from contaminated or toxic areas and that emphasis is placed on cleanliness when processing them.

4 Can foreign raw ingredients with recognised halal certificates from the original producing country be accepted and used?

Yes. Foreign raw ingredients with halal certificates from Islamic bodies recognised by JAKIM in the original producing countries may be used to produce Malaysian products. Meat-based products require an entry permit from the Department of Veterinary Services.

5 How about raw ingredients made from halal items by chefs in hotel kitchens (but with no halal certification as to their sources)?

Yes, if the ingredients used are not critical.

6 What should consumers do if it is discovered that a halal certificate displayed by a food operator does not meet standards (such as the expiry date)?

Consumers may file a complaint with the Halal Hub Division of JAKIM either in writing, in person, by telephone or by e-mail.

7 Can non-halal raw materials such as alcohol be kept in stores with dry halal raw materials?

No. Non-halal raw materials such as alcohol cannot be kept in stores with dry halal raw materials. Reference:

1. MS 1500:2009 (Clause 2.4 (f) & 3.6.1) 8 If a Muslim cook stationed in a halal kitchen

is unable to work and no Muslim replacement is available, is it an offence and will it compromise the halal certificate obtained if a non-Muslim cook is temporarily

Yes, it is an offence. According to the Manual of Malaysian Halal Certification Procedure, clause 8.5.1(c): it is necessary to have at least 2 (two) or more Muslim cooks at all times.

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assigned? 9 What techniques are used to determine the

quality and content of raw materials?

Among the techniques used are: 1) Visual observation; 2) Inspection of documents such as product specification, material safety

data sheet (MSDS); 3) Copy of halal certificate recognised by JAKIM/MAIN/JAIN; and 4) Laboratory tests (if necessary)

10 What other methods do JAKIM/MAIN/JAIN use for operators who do not calibrate their equipment such as refrigerators to achieve the prescribed storage temperature?

The company must keep monitoring and maintenance records of its equipment.

11 Can kitchenware such as crockery made from bone china be used in kitchens that have been certified as halal?

Kitchenware such as crockery made from bone china cannot be used in kitchens that have been certified as halal.

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MONITORING AND ENFORCEMENT

NO QUESTION ANSWER 1 What kinds of offences can JAKIM take

action against? There are 3 categories of offences:

1) Minor : a warning is issued; 2) Major : Halal Authentication Certificate is suspended; and 3) Serious: Halal Authentication Certificate is withdrawn.

Categories of Offences The offences can be categorised as follows:-

i. Minor Offences Technical offences for which warnings and remedial action can be issued by monitoring officers:

1. Cleanliness of premises; 2. Cleanliness of equipment; 3. Cleanliness of workers; 4. Cleanliness of surroundings; 5. Pest control; 6. Other offences related to cleanliness and sanitisation; 7. Food handler has not had anti-typhoid vaccination; 8. Failure to present documents required by inspecting officers; and 9. Changes/ additions to ingredient producers with halal certification

without a written notification to JAKIM/MAIN/JAIN

ii. Major Offences Technical offences that can result in the suspension of the Malaysian Halal Authentication Certificate by inspecting officers and must be submitted to the Halal Authentication Panel for the final decision.

1. Changes/additions to suppliers/producers without halal authentication from JAKIM/MAIN/JAIN;

2. Changes/additions to suppliers/producers without halal authentication from a recognised halal certification body;

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3. Use of the Malaysian halal logo on products that have not received the Malaysian Halal Authentication Certificate;

4. Falsification of the halal certificate or misuse of the Malaysian halal logo;

5. Lending/passing of an original halal authentication certificate to other premises or companies;

6. Alteration of the information on the Malaysian Halal Authentication Certificate;

7. Change or addition of ingredients declared in the application form without written approval from JAKIM/ JAIN/MAIN;

8. No or fewer than two Muslim Malaysian workers in the processing area/kitchen;

9. Use and display of a halal authentication certificate that has expired; 10. Placement of religious items in the processing area/kitchen; 11. Failure to meet any relevant Malaysian halal standards; 12. Failure to comply with a directive for remedial action for a minor

offence; 13. Failure to meet any Malaysian halal certification standards; 14. Presence of animals at the premises; and 15. Location of workers’ hostel/accommodations within the premises

iii. Serious Offences

Shariah and technical offences that can result in the withdrawal of the Malaysian Halal Authentication Certificate by inspecting officers and must be submitted to the Halal Authentication Panel for the final decision.

Shariah offences: Offences against Islamic law 1. Haram status authentication by recognised religious authorities for

products/ingredients/equipment, etc; 2. Use of haram materials after obtaining a Malaysian Halal

Authentication Certificate. Mixing/storing of halal items with haram items;

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3. Storage of halal products with haram products; 4. Equipment used with both halal and haram materials; 5. Processing of animals that have not been slaughtered properly; and 6. Use of stunning tools that cause the animals to die or reach a near-

death state

Technical offences: Offences not against Islamic law 1. Transfer of premises/factory without notifying JAKIM/MAIN/JAIN; 2. Changes in management and company name without notifying

JAKIM/MAIN/JAIN; 3. Slaughterer and checker without certification or with expired

certification; 4. Stunning for the purpose of sedating the animals does not adhere to

prescribed standards; 5. The stunner is controlled by non-Muslim workers; and 6. Bringing in haram materials to premises or a company that has

obtained the Malaysian Halal Authentication Certificate Use of prohibited materials prescribed under the Food Act and other relevant laws.

2 If convicted of an offence, what penalty is imposed?

If convicted of an offence, the following penalties are imposed: Section 18 (1) Any person including the director, manager, secretary or any other officer committing an offence under this act shall, upon conviction, be liable for not more than:

i. a fine of one hundred thousand ringgit (RM100,000.00) or ii. imprisonment not exceeding three (3) years or iii. both.

For a second or subsequent offence: i. a fine not exceeding two hundred thousand ringgit

(RM200,000.00) or ii. imprisonment not exceeding six (6) years or iii. both.

3 What follow-up actions will be taken by If a halal certificate holder commits a major or serious offence, the certificate

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JAKIM/MAIN/JAIN if a halal certificate is suspended or withdrawn?

will be withdrawn immediately and the follow-up action taken by JAKIM/MAIN/JAIN is as follows:

a. Suspended halal certificate An inspection notice and a suspension notice will be issued immediately. A detailed report will be presented to the Halal Authentication Panel. The maximum period for feedback on the remedial action is 14 days from the date the enforcement inspection is conducted.

b. Withdrawn halal certificate An inspection notice and a certificate withdrawal notice will be issued and the company will be prohibited from using the halal logo on its products with immediate effect. Upon approval by the Halal Authentication Panel, the withdrawal will be announced to the public through relevant sources.

Nevertheless, the company may appeal against the suspension or withdrawal of the halal certificate within 14 days of the date of the inspection.

4 When can the company re-apply for halal certification after the suspension or withdrawal?

The Halal Authentication Panel has the authority to prohibit the company in question from re-applying for a certain period such as 3 months, 6 months and 12 months, depending on the type of offence committed.

5 What laws are applied by JAKIM/MAIN/JAIN in conducting halal monitoring and enforcement?

In the management of halal certification by JAKIM/MAIN/JAIN, the following laws and acts are applied in monitoring and enforcement:

1. Trade Descriptions Act 1972 and Trade Descriptions Order (Use of Expression Halal) 1975 which explains the definition of ‘halal’, preparation of halal food according to Islamic law and the offence of falsifying raw materials and halal documents enforced by the Ministry of Domestic Trade, Cooperatives and Consumerism;

2. Food Act 1983 and Food Regulations 1985 relating to labelling,

hygiene practices and food safety enforced by the Ministry of

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Health;

3. Animals Act 1953 (revised 2006), Abattoirs (Privatisation) Act 1993, Animals Rules 1962 and Animals (Importation) Order 1962 relating to animal husbandry and disease control by the Department of Veterinary Services;

4. Customs Act 1967, Customs (Prohibition of Import) Order 1998 concerning halal meat import by the Department of Royal Malaysian Customs; Shariah Criminal Offences (Federal Territories) Act 1997 – halal food labelling by the State Islamic Religious Departments;

5. Local Government Act 1976 and Local Authority By-Laws; and

6. Trade Marks Act 1976 by the Ministry of Domestic Trade,

Cooperatives and Consumerism Any company that violates any of the laws and acts enforced in this country which contravene halal standards may have its halal certificate suspended or withdrawn.

6 Do JAKIM officers have any legal authority to conduct monitoring and enforcement?

The Ministry of Domestic Trade, Cooperatives and Consumerism appointed the Director of the Halal Hub Division of JAKIM, all Islamic Affairs Officers and all Assistant Islamic Affairs Officers under the Monitoring and Enforcement Section of the Halal Hub Division as Assistant Controllers of Trade Descriptions under the Trade Descriptions Act 1972 with effect from 15 April 2010 through the Government Gazette of 10 June 2010.

7 Does enforcement concern JAKIM/JAIN/MAIN only?

No, enforcement actions are carried out in cooperation with relevant agencies including the Ministry of Domestic Trade, Cooperatives and Consumerism, Ministry of Health, local authorities, Department of Veterinary Services, Customs, Royal Malaysian Police and those applying existing acts or regulations.

8 What methods does JAKIM use to conduct JAKIM conducts spontaneous monitoring inspections in two ways:

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inspections, monitoring and enforcement? i. Periodic monitoring which is conducted on JAKIM halal certificate holders at least once a year. This is scheduled monthly with priority given to high risk companies, i.e. companies producing meat- and poultry-based products, oil and fats, abattoirs, companies without a halal control system, without a halal executive and Internal Halal Committee. Monitoring inspections on such companies may take place more than once a year. Conversely for low risk companies, monitoring is conducted at least once a year.

ii. Public complaint monitoring which is conducted with relevant

enforcement agencies including the Ministry of Domestic Trade, Cooperatives and Consumerism, Ministry of Health, Department of Veterinary Services, Customs, local authorities and other agencies deemed necessary.

9 Can the halal logo be used before the Malaysian Halal Authentication Certificate is issued or used on additional products?

The halal logo cannot be used prior to the issue of the Malaysian Halal Authentication Certificate or for additional products even if those products are halal according to Islamic law. If convicted of an offence, the certificate may be suspended and action will be taken under the Trade Descriptions Act 1972.

10 What actions does JAKIM/JAIN/MAIN take against owners of restaurants/premises/companies/products using false halal logos?

As the recognised bodies in halal certification management, JAKIM/JAIN/MAIN determine the authenticity of the halal logo and certificate. If any halal standards are violated, the Ministry of Domestic Trade, Cooperatives and Consumerism will carry out enforcement. If the violation is committed by a holder of a halal certificate issued by JAKIM/JAIN/MAIN, then JAKIM/JAIN/MAIN may suspend or withdraw the certificate and the operator will not be permitted to use the halal logo.

11 What agencies take enforcement action according to the Trade Descriptions Act 1972 if JAKIM has the authority only to suspend or withdraw the halal certificate?

JAKIM/MAIN/JAIN conducts monitoring and enforcement of the halal certificate and logo together with the Ministry of Domestic Trade, Cooperatives and Consumerism. The act applicable to halal matters is the Trade Descriptions Act 1972 which is enforced by the Ministry of Domestic Trade, Cooperatives and Consumerism. If the JAKIM/MAIN/JAIN halal logo is used without a certificate, the ministry may take action under Section 15(1) of the Trade Descriptions Act 1972. If the expression ‘halal’ is used

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but non-halal products/materials/items are sold, action may be taken under the Trade Descriptions (Use of the Expression ‘Halal’) Order 1975.

12 Is the media allowed to participate in raids conducted by the Halal Monitoring and Enforcement Unit?

No. Raids involve only the Halal Monitoring and Enforcement Section and the relevant enforcement agencies.

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CATEGORY: PRODUCTS MALAYSIAN HALAL CERTIFICATION

NO QUESTION ANSWER 1 Is the Malaysian halal certificate required to

import products from abroad?

The Malaysian halal certificate is not required to import halal products from abroad. However, the following criteria must be met: 1) Imported products that have obtained halal authentication from a foreign halal certification body recognised by JAKIM may use that body’s halal logo and certificate. 2) Imported products that have obtained halal authentication through company representatives in Malaysia may use the Malaysian halal logo and certificate for the Malaysian market. 3) Meat products and derivatives must obtain prior importation approval from the Department of Veterinary Services of Malaysia.

2 Are applications for halal certification mandatory for all cosmetics companies?

No. Malaysian halal certification is open to all interested parties.

APPLICATION PROCESS

NO QUESTION ANSWER 1 What are the fees charged for product

categories?

The fees for product categories are as listed below: i) Small industry: RM200 for two years ii) Small and medium industry: RM800 for two years iii) Multi-national: RM1400 for two years

2 What is meant by a letter of undertaking? A letter of undertaking is a letter from the applicant declaring that the renewal of products submitted does not involve any changes in ingredients or suppliers.

3 Do original equipment manufacturers (OEM) also need the Malaysian Halal Authentication Certificate?

Yes.

4 May all factories under a single management/owner submit only one application?

No. Each factory must apply separately.

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5 May factories that produce both halal and non-halal products apply for Malaysian halal certification?

No.

6 What is the application procedure for foreign products that are repackaged in Malaysia?

The procedure is the same as a normal application. It is compulsory to attach a copy of the product’s Halal Authentication Certificate from a recognised halal certification body.

7 What is the process for obtaining a Malaysian halal certificate for a company operating abroad?

Applications for Malaysian halal certification from abroad must fulfil the following requirements:

1. The applicant must have a company/company representative in Malaysia;

2. The foreign application is only for non-meat-based products; 3. The product applied for is for the Malaysian market and distribution to

foreign markets must be done through the company representative in Malaysia;

4. The manufacturer must appoint two Muslim workers in the production division or form a halal committee consisting of a recognised Islamic body;

5. The fee rates are as follows: i) ASEAN countries: RM2100 for each factory ii) Non-ASEAN countries: USD2100 for each factory

8 How long does it take to process applications for foreign halal certification?

Applications take three months to approve.

9 Is it necessary for cosmetics companies to present a GMP Certificate when applying for halal certification?

No, cosmetics companies do not need to present a GMP Certificate when applying for halal certification.

10 What costs are incurred by foreign companies in order to obtain Malaysian halal certification?

The costs incurred by the company are: 1) Flight, accommodation and transport costs in the country in question

excluding food/beverages 2) Business class seats for two shariah and technical auditors on a flight

exceeding 5 hours 3) Visas for the shariah and technical auditors to be arranged by the

applicant

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AUDITING NO QUESTION ANSWER 1 Can meat-based (not pork) products without

halal certification be stored in the same freezer or chiller?

No, because this may cause confusion among the applicant and auditors as to the products’ halal status.

2 Who is responsible for conducting traceability for halal products?

Applicants are responsible for conducting traceability for their products.

3 Is product specification required for partially critical ingredients that do not involve animal-based ingredients such as canned mushrooms?

Applicants may attach the product specifications or a flow chart of the product from the producer.

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CATEGORY: PREMISES APPLICATION PROCESS

NO QUESTION ANSWER 1 What is the fee charged for the food

premises category? The fee for food premises is RM200 per kitchen or outlet for a period of two years.

2 If a hotel has more than one kitchen, can the hotel apply for only some of the kitchens?

Yes. This is subject to regulations prescribed by state religious authorities.

3 Are butcheries and cold kitchens under the food premises/hotel category required to apply for halal certification?

Yes.

AUDITING

NO QUESTION ANSWER 1 Can a hotel display a copy of a food

supplier’s halal certificate recognised by JAKIM to convince users of the premises’ halal status?

No.

2 Can an application be made for halal certification for a kitchen to be incorporated in the halal certificate for a restaurant?

For hotels, they must be done separately. For other food premises, applications for halal certification specifically refer to restaurants with kitchens.

3 Is it necessary to have a special loading bay for handling non-halal raw materials such as alcohol and pork?

Yes. It is necessary to have a special loading bay for handling non-halal raw materials such as alcohol and pork. Reference:

1. MS 1500:2009 (Clause 3.2.2) 2. MS 2400:2008 3. Manual of Malaysian Halal Certification Procedure

4 What is an effective way of preventing possible contamination from non-halal raw materials if a hotel is unable to provide a special loading bay?

The hotel must put in place an effective halal control system that encompasses action to be taken should contamination occur.

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5 Is it necessary to have a ‘special passageway’ and ‘special lift’ for non-halal items such as alcohol or pork?

Yes. Nevertheless, the hotel must put in place an effective halal control system that encompasses action to be taken to prevent contamination.

6 Does JAKIM provide any specific guidelines on kitchen layouts at hotels to facilitate the hotels’ fulfilment of halal certification requirements?

JAKIM/JAIN/MAIN does not provide any specific guidelines on kitchen layouts at hotels.

7 In a store, alcohol is stored in a corner where a wall has been built with its own door to separate the alcohol from raw materials. Is this storage method acceptable?

Yes.

8 Is food prepared in a hotel kitchen with halal certification and brought to a guest’s room via a worship area on a certain floor/level still considered halal?

Yes. For halal certification purposes, religious items should not be placed within the processing area (from the loading bay to the served food).

9 Can glasses for alcohol be washed with the dish washer used for glasses from the halal kitchen?

Yes, if only to rinse the glasses. Nevertheless, it would be better to provide separate dish washers for halal kitchens and non-halal kitchens.

10 Is it necessary to set boundaries between workers and support equipment such as maintenance and safety control for food in halal and non-halal kitchens?

Yes, depending on the ability of the hotel/company management to prevent contamination.

11 If non-conformance is discovered during a field audit, what measures should the applicant take?

The applicant must take remedial action within the suspension period which is dependent on the category of non-conformance:

1) Minor non-conformance: The suspension period is 2 weeks (maximum). If the directive is not adhered to, the application is deemed to have failed. 2) Major non-conformance:

The suspension period is 1 to 6 months (maximum). If the directive is not adhered to, the application is deemed to have failed.