Trade Descriptions (Definition of Halal) Order 2011

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IN exercise of the powers conferred by section 28 of the Trade Descriptions Act 2011 [Act 730], the Minister makes the following order:

Citation and commencement

1. (1) This order may be cited as the Trade Descriptions (Definition of Halal) Order 2011.

(2) This Order comes into operation on 1 January 2012.

Interpretation

2. In this Order—

“Hukum Syarak” means the Islamic laws according to Mazhab Syafii, or the Islamic laws in any one of the other Mazhabs of Hanafi, Maliki or Hambali which are approved by the Yang di-Pertuan Agong to be in force in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Penang, Malacca, Sabah and Sarawak or the Ruler of any State to be in force in the respective State;

“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 for human consumption and includes confectionary, chewing substances and any ingredient of such food, drink, confectionary or chewing substances;

“services in relation to the food or goods” includes the transporting, storing and processing raw materials, serving and retailing of such food or goods.

​Halal and other expression defined

3. (1) When 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:

(a) 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 with Hukum Syarak;

(b) does not contain anything which is impure according to Hukum Syarak;

(c) does not intoxicate according to Hukum Syarak;

(d) does not contain any part of a human being or its yield which are not allowed by Hukum Syarak;

(e) is not poisonous or hazardous to health;

(f) has not been prepared, processed or manufactured using any instrument that is contaminated with impure according to Hukum Syarak; and

(g) has not in the course of preparing, processing or storing been in contact with, mixed, or in close proximity to any food that fails to satisfy paragraphs (a) and (b).

(2) When services in relation to the food or goods are described as halal or are described in any other expression to indicate that the services can be used by a Muslim, such expression means that the services in relation to the food or goods are carried out in accordance with Hukum Syarak.

​(3) Any person who supplies or offers to supply any food, goods or services in relation to the food or goods which are described as halal or are described in any other expression which is contravention of this paragraph commits an offence.

Offence to mislead or confuse

4. (1) Any person who supplies or offers to supply any food through any representation or act which is likely to mislead or confuse any person that the food is halal or can be consumed by a Muslim commits an offence.

(2) For the purpose of subparagraph (1), representation or conduct 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 premises in which such food is sold or in the container in which such food is supplied.

(3) Where any person is charged with an offence under subparagraph (1), the onus of proving that the food supplied or offered to be supplied is halal in accordance with the requirement in paragraph 3 shall be upon the person charged.

Penalty

5. Any person who is guilty of an offence under this Order shall, on conviction, be liable—

(a) if such person is a body corporate, to a fine not exceeding five million ringgit, and for a second or subsequent offence, to a fine not exceeding ten million ringgit; or

(b) if such person is not a body corporate, to a 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.

​Revocation

6. The Trade Descriptions Descriptions (Use of Experssion “Halal”) Order 1975 [P.U. (A) 237/1975] is revoked.

Made 29 December 2011
[KPDN[PUU)(PU2)26/5/5; PN(PU2)120/VI]