LAW OF MALAYSIA

FOOD ACT 1983

AND

FOOD REGULATIONS 1985

1. Food Act 1983

2. Food Regulations 1985

3. Food (Extension of the Food Act 1983 to

Tobacco and others) Regulations 1993

4. Control of Tobacco Product Regulations

2004
 FOOD ACT 1983

• law of Malaysia – Act 281 [Food (Amendment)

Act 2006], in force from 30 June 2006
• To protect the public vs health hazards &
fraud in the preparation, sale and use of food,
and for matters incidental thereto or
connected therewith.

Part I – Preliminary; Part II – Admin &

Enforcement; Part III – Offences & Evidences;
Part IV – Importation, Warranty & Defences &
Part V – Miscellaneous Provisions.
 Some Interpretation
Appliance – includes the whole or any part of any
utensil, machinery, instrument, apparatus, or
article used for or in connection with the
preparation, preservation, packaging, storage,
conveyance, distribution or sale of food.
Food – includes every article manufactured, sold
or represented for use as food or drink for human
consumption or which enters into or is used in the
composition, preparation, preservation, of any
food or drink & includes confectionery, chewing
substances, and any ing of such food, drink,
confectionery or chewing substances.
 Some Interpretation
Food premises – premises used for or in
connection with the preparation, preservation,
packaging, storage, conveyance, distribution of
sale of any food, or the relabelling, reprocessing
or reconditioning of any food.
Premises includes:
a. Any building / tent / any other struc,
permanent or otherwise together with the land on
which the building….is situated & any adjoining
land used in connection therewith & any vehicle,
conveyance, vessel or aircraft.
 Some Interpretation
Premises includes:
b. Any street, open space or place of public
resort or bicycle or any vehicle used for or in
connection with the preparation, preservation,
packaging, storage, conveyance, distribution or
sale of any food.

Label – any tag, brand, mark, pictorial or other

descriptive matter, written, printed, stencilled,
marked, painted, embossed or impressed on,
or attached to or included in, belonging to, or
accompanying any food.
 Some Interpretation

Preparation – manufacture, packaging,

processing and any form of treatment.

Package – anything in which or any means by

which food is wholly or partly cased, covered,
enclosed, contained, placed or otherwise
packed in any way whatsoever & includes any
basket, pail, tray or receptacle of any kind
whether opened or closed.
 Part II Admin & Enforce’t

Analysts, authorized officers & approved

laboratories.

• in any legal proceedings, the Certificate of

Authorization and Certificate of Approval be
admissible in evidence & shall be prima
facie evidence of the facts so certified.
 Authorized officer

Any medical officer of health or any assistant

environmental health officer of the Ministry of
Health or of any local authority, or any
suitably qualified person, appointed by the
Minister to be an authorized officer.

Powers of authorized officers – p. 4-7

 Powers of authorized officers
• enter any food premises, open & examine any
package, take samples & examine anything that
he believes is used or capable of being used for
the preparation, preservation, packaging,
storage, conveyance, distribution or sale of the
food.
• examine any books, records or documents.
• demand IC, business registration cert.
• seize, detain, mark, seal, weigh, count or
measure any food or appliance.
 Powers of authorized officers

Anyone doesn’t give reasonable assistance;

who obstructs the AO from executing his duty;
who makes false or misleading statement
(verbally or written) – commits an offence &
liable on conviction to imprisonment for a term
not > 1 year or to fine or to both.

Read about the responsibility of owner upon

seizure of any food or appliance – p. 6-7.
 Power to Take Sample

• pay or without payment.

• the seller or the agent or servant selling the

food must be informed about the intention for
analysis.

• results of analysis can be obtained by

payment prescribed but cannot be used as
an advertisement – imprisonment not > 1 yr,
or to $ or both.
 Power to Call for Information

• suspect any person possess any food,

substances, appliance for preparation,
preservation… in breach of any of the
provisions of the ACT – can require & copy any
books, records, doc, info about importation,
preparation, reception, possession, purchase,
sale or delivery.

• refusal – imprisonment not > 1 yr, $ or both.

 Power to Call for Information

AO doesn’t maintain secrecy or communicates

to any person (not related to the Act) –
imprisonment not > 3 yrs, or $, or both.

Particulars of certain food ings – power of the

Director General.
• the composition & formula, the manner the
substance is used, any investigations or the
knowledge about the extent and cumulative
effect to health……..
Hygienic & Sanitary of food Premises & Appliance

The Director may in writing order food

premises or appliances to be put into
hygienic & sanitary condition within a
specified period.
• base on his own inspection or the report of
an AO.
Still not satisfying after expiration of that
period, can order in writing to stop the use of
premise or appliance until an AO certified in
writing of new compliance.
Hygienic & Sanitary of food Premises & Appliance

• the owner/proprietor/occupier could any

time write to request for inspection after non-
compliance.

• should be inspected within 7 days after the

receipt of the request by the Director/office, if
not, a cert shall be deemed to have been
issued.
Commit offence – not > 5 yrs prison, or $, or
both.
 Closure of Insanitary Premises

The Director’s opinion that a premises is in a

condition likely to be hazardous to health –
writing order to cause closure of any
premises preparing or selling food not > 14
days.

Fails to comply with the order – not > 5 yrs

prison; or $ ; or both.
 Part III Offences & Evidences
“owner of the rignts of the manufacturer or
packer”:
• foreign manufactured or packed food -
anyone who owns the exclusive rights to
distribute or sell the food in M’sia (licence,
agreement or franchise from the foreign
manufacturer).
• locally manufactured or packed food –
anyone has proprietary rights over the dtrbn &
sale of the food, or the manufacturer or the
packer, distributes or sells the foods (mrktg
agents).
Anyone who prepares or sells food containing
substances injurious to health (probable &
cumulative effect): not > 10 yrs prison, or not >
100K or both.

• unfit for human consumption (diseased, filthy,

decomposed or putrid animal or vg
substances; any portion of an animal unfit for
food or the product of an animal which has
died otherwise than by slaughter or as game):
- not > 50K, or not > 8 yrs prison or both.
Prepare or sell any food contains any
foreign to the nature of such food (unfit for
consumption) – not > 30K, or not > 5 yrs
prison or both.
Prepare or sell adulterated food (refer
meaning, p. 14): not > 20K, or not > 5 yrs or
both.

Refuse to removal of food from premises by

the Director within the time frame given –
commits an offence: not > 100K, or not > 10
prison, or both.
Selling food not of the nautre, not of the
substance of not of the Q – not > 5 yrs prison,
or $ or both.
Prepares, packages, labels or advertises any
food doesn’t comply with standard prescribed –
not > 3 yrs prison, or $ or both.

Prepares, packages, labels or sells food with

false labelling (character, nature, value,
substance, Q, composition, safety, strength,
purity, wt, origin, age or proportion) – not > 3
yrs, or $ or both.
 Advertisement

Advertisement relates to food or any ing

inconsistent with the Act, prohibited by
regulations, without name or description of
any food (any word/s required) or likely to
deceive a purchaser with regards to the
character, nature, value, substance, Q,
composition, safety, strength, purity, wt,
origin, age, proportion or effect of any food or
of any ingredient: not > 3 yrs prison, or $ or
both.
 Advertisement

Without true name and address (business or

residence) – not > 3 yrs prison, or $ or both.

BUT not applicable to advertisement

published orally or by any means of producing
or transmitting light or sound; or affect the
operation of any other provision of the ACT or
regulation relates to the labeling of foods.
 Prosecutions
If the cert of analyst shows that an offence
has been committed, proceeding can be
taken, and the cert shall be issued to the
Director or any AO within 90 days for the
date the food was sent for analysis.

No proceeding shall be instituted after the

expiration of 150 days from the time of
purchasing or procuring of a food for analysis
or examination.
 Certificate of Analyst
Shall be accepted as prima facie evidence
provided:

1. The 3rd party may require the attendance of

the analyst (cross-examination) if a notice has
been given to the prosecution 3 clear days b4
the trial;
2. The party intending to produce it has b4 the
trial given notice to the party against whom it is
intended to be produced 10 clear days of such
intention together with a copy of the cert.
Expert evidence in court – written notice by
the person charged with the offence 10 clear
day b4 the trial; disclose the name of the
expert, the nature of the expert evidence and
also a copy of doc that the expert proposes to
adduce at the hearing.

Disclosure of manufacturing process & trade

secret (prosecutor, witness or officer) – not >
5 yrs prison; or $ or both.

Many other more, read…..

The Minister has power to make regulations:
• to prescribe the std, composition, strength,
potency, purity, Q, wt, quantity, shelflife or
other property of any food or any ing or
component;
• to prohibit the addition of any speficied
substance;
• to prohibit the addition of > than the specified
quantity of a permissible substance;
• to prohibit any more of preparation or
preservation of any food;
The Minister has power to make regulations:
• in respect of the carriage of food subject to
the provisions of the Act including the
licensing of vehicles used for the carriage of
food;
• to prescribe the mode of labelling of food sold
in packages or otherwise the matter to be
contained or not to be contained in such
labels;
• to prescribe the size, dimensions & other
spec of packages of food;
The Minister has power to make regulations:
• to prescribe the method of analysis of any
food & the form of cert of analysis;
• to provide for the registration & licensing of
laboratories & analysts & to prescribe the fees
thereof;
• to prohibit or regulate the sale, advertisement
or importation or exportation of any food;
• to provide any matter relating to the recalling,
removal or withdrawal from sale of food from
food premises; etc….etc….etc….
 FOOD REGULATION 1985

Part I - Preliminary
Part II - Warranty
Part III – Procedure for taking samples

Part IV - Labelling

Part V - Food additive & nutrient supplement

Part VI – Packages for food

 FOOD REGULATION 1985

Part VII – Incidental constituent

Part VIII – Stds & particular labelling

requirements for food

Part IX – Use of water, ice or steam

Part X - Miscellaneous