3/28/2017 Halal Industry Development Corporation - Policies & Regulations

Select Language

Know ledge Centre HOME / Market Information / Policies & Regulations

Policies & Regulations

1. Food Additives Regulatory Bodies

2. Food Act 1983 and Food Regulations 1985
3. Trade Descriptions Act 2011
4. Food Export Requirements
5. Import Requirements
6. Malaysia Protocol for Halal Meat and Poultry Productions 2011
7. Halal Agencies in Malaysia

Food Act 1983 and Food Regulations 1985

The act w as introduced and BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka
Food Additives Regulatory
Baginda Yang di-Pertuan Agong w ith the advice and consent of the Dew an Negara Bodies
and Dew an Rakyat in Parliament. The Food Act 1983 and Food Regulations 1985 is
fully utilize by Ministry of Health under Food Safety and Quality Division to ensure and
uphold the nation's integrity in food safety and quality. The division w ill ensure:
Malaysia United Kingdom
All imported and local manufactured food is safe and in compliance w ith Food Act 1983
and Food Regulations 1985.
Food consignments exported by the country is in compliance w ith regulations imposed
by the importing countries. United States of America Japan
Food Regulations 1985 is review ed and updated to be in line w ith Codex Alimentarius
and other country legislation.
Participation in planning, monitoring and evaluation of all activities w ith regards to the
WTO (SPS & TBT agreements) trade agreements and Regional Affairs. Australia/New Zealand European Commission

Food Safety Information System of Malaysia (FoSIM) operates as intelligent w eb-based information system enhancing management of food
safety surveillance in Malaysia. Integrated w ith Custom Information System, FoSIM w ill allow importers/agents at entry points to manage food
importation activities using ICT effectively.

Top

Trade Descriptions Act 2011

Enforcem ent of Halal

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 of Halal) Order 2011 (hereinafter referred to as its subsidiary legislations).
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.

A. Trade Descriptions (Definition Of Halal) Order 2011

The use of the Halal description or any other such descriptions is voluntary under the current legislations. How ever, Trade Descriptions
(Definition Of Halal) Order 2011 provides that w hen food or goods are described as halal or are described in any other expression to indicate
that the food or goods can be consumed or used by a Muslim, such expression means that the food or goods:

http://www.hdcglobal.com/publisher/hkc_policies_regulations 1/6
3/28/2017 Halal Industry Development Corporation - Policies & Regulations
1. neither is nor consist of or contains any part or matter of an animal that is prohibited by Hukum Syarak for a Muslim to consume or that
has not been slaughtered in accordance w ith Hukum Syarak;
2. does not contain anything w hich is impure according to Hukum Syarak;
3. does not intoxicate according to Hukum Syarak;
4. does not contain any part of a human being or its yield w hich are not allow ed by Hukum Syarak;
5. is not poisonous or hazardous to health;
6. has not been prepared, processed or manufactured using any instrument that is contaminated w ith impure according to Hukum Syarak;
and
7. has not in the course of preparing, processing or storing been in contact w ith, mixed, or in close proximity to any food that fails to
satisfy paragraph (a) and (b).
When services in relation to the food or goods including the transporting, storing and processing raw materials, serving and retailing of such
food or goods are described as halal such expression means that the services in relation to the food or goods are carried out in accordance
w ith Hukum Syarak.
Any person not in compliance w ith the Order commits an offence and upon conviction, shall be liable to a fine not exceeding RM 1 million or
imprisonment for a term not exceeding 3 years or both. The penalty for a body corporate is a fine not exceeding RM 5 million.

B. Trade Descriptions (Certification And Marking of Halal) Order 2011

Under the Order, only the Department of Islamic Development Malaysia (JAKIM) and the Islamic Religious Council (MAIN) in the respective States
are appointed as the competent authorities to certify that any food, goods or services in relation to the food or goods is halal in accordance
w ith the Trade Descriptions (Definition of Halal) Order 2011.
All food, goods or service shall not be described as halal unless it is:
1. certified as halal by the competent authority (JAKIM/MAIN); and
2. marked w ith the logo issued by the competent authority (JAKIM/MAIN) as follow s:

Any person not in compliance w ith the Order commits an offence and upon conviction, shall be liable to a fine not exceeding RM 100,000.00 or
imprisonment for a term not exceeding 3 years or both. The penalty for a body corporate is a fine not exceeding RM250,000.00.

MDTCC w ith the cooperation of JAKIM/MAIN consistently conducts inspections to ensure the authenticity of the halal expressions used. MDTCC
encourages the public to report any false or misleading used of the halal expression so immediate action can be taken.

Source : Ministry of Domestic Trade, Co-operatives and Consumerism (MDTCC)

Top

Food Export Requirements

A. Product Certification

True enough it is not easy to market product internationally. How ever, by adapting to international standards and needs, it w ill lead to amplify
market opportunities thus, bring up bigger return in investment. In addition, it w ill increase competitiveness in the global marketplace w hich
facilitate to faster, easier access to foreign markets. This requirement w ill also help to avoid cost and need for testing and re certification w hen
hoping to another potential market.

In food and beverage sector, requirement for standard or certification is compulsory due to safety and quality factor of the products. Listed
below is some of standard/certification related to F&B sector:

Hazard Analysis Critical Control Point (HACCP)

Codex Standard and Codex Alimentarius
Good Manufacturing Practices (GMP)
Good Hygiene Practice (GHP)
Halal certificate
Health certificate
Sanitation Standard Operating Procedures (SSOP)
Quality Assurance Programme
ISO 9000
EU Registration Number (EU No. for seafood)

For further information on every country import and export standards, please refer to FAO site (link available for each country sections).

B. Country Specific Requirem ent

http://www.hdcglobal.com/publisher/hkc_policies_regulations 2/6
3/28/2017 Halal Industry Development Corporation - Policies & Regulations
Some country w ill have more stringent requirement than others depending on their regulatory and policies. Most of country w ill required at least
certification on HACCP, in Malaysia; exporters can apply for HACCP certification and other certification through Food Safety and Quality
Division. Compliance w ith other standards w ill make it simpler to exchange technical information w ith experts in other countries due to the fact
that, standards are constantly changing and exporters alw ays need to keep up date.

Australia
1. HACCP - meat and meat product
2. Health Certificate - frozen cooked praw ns

Brunei
1. Free Sales Certificate - food products
2. Health Certificate - general food products

Canada
1. HACCP - meat and poultry establishment and storage facilities

China
1. Free Sales Certificate - food products
2. Health Certificate - edible palm oil, palm olein and general food

England
1. HACCP - meat and meat product

European Union (UN)

1. HACCP - meat and meat product and fish and fish products
2. EUREPGA - fruits and vegetables

Indonesia
1. Free Sales Certificate - food products
2. Health Certificate - general food products

India
1. Free Sales Certificate - food products
2. Health Certificate - edible palm oil, palm olein and general food

Japan
1. Japanese Industrial Standards (JIS) and Japanese Agricultural Standards (JAS) HACCP - all food products
2. Heat Process Meat Certificate - food products

New Zealand
1. HACCP - animal product processing business

Saudi Arabia
1. Saudi Arabian Standards Organizations (SASO)

Thailand
1. Non-Genetically Modified Food (GMO) - declaration on the non-use of GMO in raw material

United States of America

1. USDA - fruits and vegetables
2. The Animal and Plant Health Inspection Services (APHIS) - plants, meat and animal products
3. HACCP - meat and meat product and fish and fish products

Vietnam
1. Free Sales Certificate - food products
2. Health Certificate - edible palm oil, palm olein and general food

Reference: MATRADE Business Handbook

C. Exporting Halal Products

In effort to encourage competitiveness of local Halal products in global market, as w ell to cultivate new investment in Halal food manufacturing,
Investment Tax Allow ance (ITA) for Halal food production has been introduced. This w ill facilitate manufacturer of Halal food to explore
opportunities of producing high quality Halal food that comply w ith international standard and also help in increasing utilization of modern
technology in food manufacturing.

Companies w ith Malaysia Halal Certificate are eligible to be given ITA of 100% of qualifying capital expenditure incurred w ithin a period of five
years. This allow ance can be offset against 100% of the statutory income in the year of assessment. Any unutilized allow ances can be
carried forw ard to subsequent years until fully utilized. Applications should be submitted to MIDA.

To apply for Malaysia Halal Certification, please refer Halal Certification Web page. On top of having Halal certificate, to become export ready

http://www.hdcglobal.com/publisher/hkc_policies_regulations 3/6
3/28/2017 Halal Industry Development Corporation - Policies & Regulations
for local Halal food product, Companies may require one or all of the follow ing certificates from Ministry of Health Malaysia (MOH):

Health Certificate
Hazard Analysis Critical Control Point (HACCP) Certificate
Free Sales Certificate (FSC)

In the case of exporting meat, poultry and other livestock products, several additional documents are required by the Department of Veterinary
Services (DVS):

Export and Import Permit / Other Import Requirements

Veterinary Health Certificate
Veterinary Health Mark (VHM)

Top

Import Requirements
Im port Licence in Malaysia

Import licence is a permit that allow s an importer to bring in a specified quantity of certain goods during a specified period. Import licences are
employed as means of restricting outflow of foreign currency to improve a country's balance of payments position and to protect the domestic
industry from foreign competition.

At present as per the Malaysian import trade policy, most imports can be admitted under an open general licensing regime. How ever, specific
import licences are required for certain controlled items w hich are intended for import into the country. These items are explosives and
firearms, motor vehicles, plants, certain pharmaceuticals, tin ore, soil samples and various foodstuffs. A restrictive import licensing regime is
also charged on heavy construction equipment, electrical household appliances, and iron and steel products. Applications for import licences
should indicate the identities of the purchaser and supplier and a general description of the items and market value.

Malaysia has based its customs tariff regime on the Harmonized Commodity Description and Coding System of goods clarification. Tariff duties
are from 2% to 60%, w ith an average tariff level of 15%. Higher duties are imposed on so called "luxury" items and items that are deemed to be
in direct competition w ith locally produced goods.

Any imported beef and poultry products must be certified "halal". Items prohibited from being imported include corrosive chemicals and any
"indecent or obscene" materials. Items from the former Yugoslavia and Israel are prohibited.

Direct selling companies w anting to operate in Malaysia must comply w ith certain regulations set by the Domestic Trade and Consumer Affairs
Ministry before a license can be granted. The company must have at least 70% local ow nership and must be locally incorporated, 80% of the
products must consist of local content and any proposed price increases must be approved by the ministry.

Operating licenses are granted for one-, tw o- and three-year terms, and existing regulations stipulate that paid-up capital, quality assurance
standards and marketing plans must be submitted before any such licenses are granted.

Guidelines for Application of Im port Licence (AP)

1. Objective
The purpose of this guideline is to explain the procedures and conditions for the issuance of Import Licence (AP) on plastic w astes
under tariff code 39.15.
2. Background
The Prohibition Order on plastic w astes importation under tariff code 39.15 has been transferred from First Schedule to the Second
Schedule, Part 1, (Prohibition of Imports) (Amendment) Order 2008, Customs Act 1967 w ith effect from 1 February 2008.
The importation of plastic w astes is subject to Import Licence to be issued by Ministry of International Trade and Industry (MITI).
3. Eligible Manufacturers
Manufacturers w ho undertake recycling activities of plastic w astes for their ow n use; or
Manufacturers w ho undertake recycling activities of plastic w astes for local market and export; or
Manufacturers w ho import plastic w astes that have been cleaned and can be used as raw material directly in the production process
of products.
4. Conditions for Import Licence (AP)
Manufacturers must submit a letter of approval issued by Department of Environment (DOE) to carry out recycling activities;
Imported plastic w astes w hich are not listed as Scheduled Waste or Hazardous under the Environmental Quality Act 1974, Pesticides
Act 1974, and Poison Act 1952;
Importation of product under tariff code 39.15 is not permitted for purposes of re-export under the same tariff code;
Import Licence is required for every consignment or each time plastic w astes are imported under tariff code 39.15.
4.1 Other Conditions
Manufacturers must abide by all existing law s of the Country;
Manufacturers are advised to register w ith the Department Of Solid Wastes Management, Ministry of Housing and Local Government;
Manufacturers are advised to obtain an ISO 14001 certificate issued by bodies accredited by Department of Standards, Malaysia.
5. Validity Period of Import Licence

http://www.hdcglobal.com/publisher/hkc_policies_regulations 4/6
3/28/2017 Halal Industry Development Corporation - Policies & Regulations
Import Licence (AP) issued carries a validity period of 3 months from the date of issue.
6. Documents for Application of Import Licence
FOR FIRST TIME APPLICATION ONLY
Approval letter from Department of Environment to carry our recycling activities;
Manufacturer Licence from MITI or other government agencies (if available);
For private limited companies:-
Memorandum & Articles of Association
Form 49, Form 24
For private enterprise or partnership:-
Form A
Form B
Form D
Form 13, Companies Commission of Malaysia (for changes to the name or details of companies)
Check List Form (available on w eb site w w w .miti.gov.my)
Customs Form JK69 (available at Percetakan Nasional Berhad );
Invoice /packing list/ proforma invoice/purchase order/ sales agreement;
Bill of lading (if unavailable, manufacturers are required to submit to MITI w ithin 3 days of importation. Failure to do so may affect
subsequent application.
FOR SUBSEQUENT APPLICATION
Check List Form (available on w eb site w w w .miti.gov.my)
Customs Form JK 69 (available at Percetakan Nasional Berhad );
Invoice /packing list/ proforma invoice/purchase order/sales agreement;
Bill of lading (if unavailable, manufacturers are required to submit to MITI w ithin 3 days of importation. Failure to do so may affect
subsequent application.
7. Submission of Application

Application for Import Licence is to be submitted to:

Director
Import and Export Control Division
Ministry of International Trade and Industry (MITI).
2nd Floor, Block 10
Government Offices Complex
Jalan Duta
50622 Kuala Lumpur
Tel: 03-6203 4817 (Pn Azrilah Abd. Aziz)
03-6203 4814 (En Azlan Shahid)
03-6203 5534 (En Ariffatri )

Source : SMEinfo

Im plem entation of Inspection Services at Foreign Abattoirs and Processing Plants for Export of Meat and Products of Anim al
Origin to Malaysia Full Article

Top

Malaysia Protocol for Halal Meat and Poultry Productions 2011

Malaysian Protocol for the Halal Meat and Poultry Productions w as developed by the Department of Islamic Development Malaysia (JAKIM) to
give clear guidance in the production of halal meat and poultry. This protocol is intended to support the implementation of Malaysias
requirements for halal meat, poultry and their products. This protocol is applicable to all establishments producing halal meat, poultry and their
products including those intending to export to Malaysia under the Animals Act 1953 (review ed 2006). It shall be used together w ith the
Malaysian Standard MS 1500:2009 Halal Food Production, Preparation, Handling and Storage General Guidelines (Second Revision). Full
Article

Note: Please read some related references in Halal Market Information

Top

Halal Agencies in Malaysia

Related article: Halal Agencies in Malaysia

Top

Multim edia | Slides | Reference | Books | HDC Publication | Articles/Journals | Reports

http://www.hdcglobal.com/publisher/hkc_policies_regulations 5/6
3/28/2017 Halal Industry Development Corporation - Policies & Regulations
Industry Database | E-numbers Database | Industry Cluster Database | Industry Database by FAO and WHO
International Cluster Database | Global Fatw a and Local Fatw a | HalalWIN | Global Industry New s

Copyright 2008-2013 Halal Industry Development Corporation

An agency under Ministry of International Trade and Industry (MITI). Wholly ow ned by Minister of Finance Incorporated
Best view ed on Internet Explorer 7 or later & Mozilla Firefox w ith resolution higher than 800 x 600 pixels
Disclaimer | Terms & Condition | Privacy Policy | Accessibility | Sitemap

http://www.hdcglobal.com/publisher/hkc_policies_regulations 6/6