SBSU 3283

LEGAL AND ETHICAL ISSUES IN HALAL

TITLE:
LAW AND ENFORCEMENT RELATING TO ABUSE OF HALAL LOGO IN MALAYSIA
LECTURER NAME:
MADAM FARAH BINTI MOHD SHAHWAHID
PREPARED BY:

NAME NO MATRIC

AZLINI BINTI NAMI 19BB08011

NIK NUR AINUN RADHIAH BINTI ABD RAHIM 19BB08014

NURUL IZZATI BINTI HAIRIL ANUAR 19BB08016

 1.0 INTRODUCTION

❏ Many laws according to the Halal standards.

❏ The credibility of halal certification is well known by Malaysian society and the
trust that people put in halal certification applicants is high.
❏ Cleanliness and at the same time quality of a product.
❏ Very important for the applicants follow the laws that has been stated by JAKIM.
 2.0 DEFINITION OF HALAL LOGO

❏ The Malaysian Halal logo defined as an accreditation mark issued by JAKIM for a
product/premise/manufacturer that has met all Halal standards and specifications in
compliance with the Halal Certification Manual Procedure for Malaysia.
❏ By virtue of this label, the owner of the product / premises / producer is legally entitled to
display the Halal logo on their goods, or on their premises, or in the production facility.
❏ Besides, the particular categories of the Halal application themselves are subject to the
appearance of the Halal logo.
❏ In Malaysia, under the Trade Definition (Use of expression 'Halal') Order 1975 the official
Halal logo is protected by this law. The legislation protects the Halal logo from abuse in
Malaysia.
halal logo content :

❏ An eight cusp star at the center of a circle.

❏ The Arabic word at the center of the star.
❏ The word "HALAL" in Roman alphabets below it.
❏ The word “Malaysia” written in Roman alphabets and in Arabic within the circle of the logo.
❏ Two small five cusp stars are positioned to separate the Roman alphabets from the Arabic word
mentioned.
3.0 RELEVANT
ENFORCEMENT ON
HALAL LOGO
1) JAKIM
2) FOOD ACT 1983
3) TRADE DESCRIPTION
ACT 2011
 ● JAKIM
❏ The department of Islamic Development Malaysia
(JAKIM) is the national authority responsible for the
regulation, monitoring and control of all halal items
sold for export and domestic sale.

❏ Under the Trade Descriptions Act 2011, which is

effective in January 2012, only Jakim and Majlis
Agama Islam Negeri are competent authorities for
halal certification (MAIN / JAIN)

❏ Received support from other government agencies

in enforcing halal laws
 Cont...
❏ A right to use the halal logo is granted to goods or
premises authorized to comply with Halal
requirements. – tools to convince public that there
are halal

❏ The amendment made under the previous Trade

Description Act 1972 gives JAKIM compliance
officers the right to take action against the accused
as a "assistant controller.“

❏ The latest Trade Description Act 2011 has granted

powers to JAKIM officers to prosecute individuals or
companies which violated the Act.
 ● FOOD ACT 1983
❏ Section 2 of the Food Act 1983 defines label as “containing any tag,
sticker, pictogram or other descriptive matter, written, printed, stenciled,
labeled, painted, embossed, or impressed on, attached to,included in,
belonging to, or accompanying any food”.

❏ Pursuant to Section 2 of the Food Act 1983, any Halal logo attached to
food either from JAKIM or other certifiers is regarded as a mark/label.

❏ Food Act 1983 provides general definition on labelling which can also
apply to the Halal logo.
 ● TRADE DESCRIPTION ACT 2011
❏ Order 4 of the Trade Description (Certification and Marking of Halal) Order 2011
provide 2 requirements that need to be fulfilled before the foods and goods can be
described as Halal.

❏ Food producer need to be certified before they entitled to use the Halal logo in their
product.

❏ Give more specific features of the Halal logo that need to be followed by the food
industry for Halal marking.

❏ Trade Description (Certification and Marking of Halal) Order 2011 gives more
specific features of the Halal logo that need to be followed by the food industry for
Halal marking.
 4.0 RELATED LAW ON ABUSING HALAL LOGO
CONSUMER
PROTECTION
ACT (1999)
❏ Section 9 of Consumer Protection Act further
specifies that any act that is capable of leading the
consumers into error, such as using false,
misleading information in relation to a product,
presentation be prohibited.
❏ Section 10 of the Act provide that a false statement
inducing the consumer into believing that the goods
are of a particular kind, standard, quality, grade,
quantity, style or model or that the goods are under
any sponsorship, endorsement approval,
performance, characteristics and the benefit is
prohibited.
FOOD ACT
1983
❏ Section 15 of the Food Act provides that it is an
offence for a person who prepares, packages,
labels, or advertises food with a specific
standard but does not comply with that standard.
❏ Section 16 of the Food Act 1983 provides that it
is an offense for any person to prepare, pack,
mark or sell any food in any false, misleading or
deceptive manner with respect to its character,
nature, value, content, quality, composition,
strength of merit or protection, purity, weight, age
and origin
5.0 RELATED ISSUES OF
ABUSING HALAL LOGO

❖ The Use of Expired Halal Certificates Issue

❖ The Use of Fake Halal Logo Issue
❖ The Used of Foreign Halal Certification in Malaysia
 RELATED ISSUES OF ABUSING HALAL LOGO

1) The Use of Expired Halal Certificates Issue

Place in Ipoh where the ministry of domestic

trade and consumer (MDTCC) detected two
premises around Ipoh that used expired halal
logos.

1) First premise involved an Indian

restaurant displaying the expired Halal
logo
2) A frozen food supplier's premises also
used an expired halal certificate

Both cases are investigated under section 16

(1) of the Trade Description Act 2011, if they
are convicted they can be fined up to 1 million
Malaysian ringgit.
RELATED ISSUES OF ABUSING HALAL LOGO

2) The Use of Fake Halal Logo Issue

Products produced by food manufacturing
companies were seized by enforcement officers
from the Ministry of Domestic Trade and
Consumer Affairs in Melaka after abusing the
halal logo.

The authorities have found that the premises sell

products with halal labels that do not have
approval and recognition from JAKIM

This case can also be prosecuted in accordance

with Order 4 (1) of the Trade Descriptions
(Halal Certification and Marking) Order 2011.
RELATED ISSUES OF ABUSING HALAL LOGO
3) The Used of Foreign Halal
Certification in Malaysia

1) Supermarket at Kuala Lumpur detected more

than five types of imported food products
based on cheese, cooking oil and spices with
the halal logo issued by a body that is not
recognized by JAKIM.

2) Another supermarket found that frozen food

products such as meat that did not have any
halal logo or with a halal logo not recognized
by JAKIM, were sold together with products
with the halal logo.
 6.0 ETHICAL ISSUES
IN HALAL LOGO

❖ Abuse of Islamic Image by Some

Restaurants

- Abuse of the image of Islam without having a valid

Malaysian Halal Certification which could cause
confusion to Muslims.
 ETHICAL ISSUES IN
HALAL LOGO

❖ The Used of Label ‘No pork, No lard”

- Display 'no pork' or 'pork free' signs to attract

Muslim customers while the restaurant does not
serve halal food
 7.0 CONCLUSION
❏ Everyone including the consume plays a big role in implementation and the usage of Halal
logo the correct way.
❏ Every plays a different part of the roles. The authority need to monitor and to enforce the
requirement if it needs to change.
❏ The applicants of Halal certifications needs to applies all of the requirement that has been
stated by JAKIM and need to be responsible for it.
❏ Lastly the consumer needs to support the good work that has been put out by the authority and
the halal applicants. This way Halal JAKIM will strive even more in the coming years and
decades.