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As revealed by Malaysia’s Unified Public Consultation portal, the Food Safety and Quality Program under the Ministry of Health is proposing amendments to the Food Act 1983 (Act 281). This proposal strengthens food safety and quality controls throughout the food safety chain, aligns with the National Policy for Good Regulatory Practice (NPGRP) 2021, which mandates that all legislation be reviewed every five years, etc.
Feedback on the proposed amendments can be submitted via the consultation portal until January 8, 2025.
Key Proposed Amendments
The proposal primarily outlines the following amendments:
1. Expand the Scope of the Act to Include Food Contact Materials (FCMs)
To enhance control throughout the food safety chain, this proposal adds Food Contact Materials (FCMs) to the current scope of the Act.
| No | Current Regulation | Proposed Amendment |
|---|---|---|
| 1 | The scope of the Food Act 1983 covers food, appliances, and food premises
| Expand the scope of the Food Act 1983 to include FCMs.
|
2. Revise and Add New Interpretations
The interpretation of "label" will be revised from “attached or included in food” to “attached or included in food packaging” to clarify the position of food labels. As the proposal includes FCMs, a new interpretation for FCMs will be added.
| No | Affected Interpretations to be Revised | Proposed Amendment |
|---|---|---|
| 1 |
|
|
3. Expand the Powers of the Minister and Director General
The proposal grants additional powers to the Minister and Director General. It retains only the interpretation of the Director General and removes the interpretation of "Director" to standardize with other acts.
| No | New Powers of the Minister | Amendments to the Powers of the Director General |
|---|---|---|
| 1 | Making regulations regarding certificates and fees |
|
4. Strengthen Enforcement Activities
The proposal introduces measures to ensure enforcement activities under the Food Act 1983 can be conducted at premises beyond food establishments, such as those producing food advertisements, etc.
| No | Proposed Measures |
|---|---|
| 1 |
|
5. Increase Penalty Severity
The proposal increases penalties by amending 20 existing sections and introducing 2 new sections, referencing acts such as the Quarantine and Inspection Services Act 2011, Biosecurity Act 2007, Animal Food Act 2009, and Trade Descriptions Act 2011.
This amendment primarily increases the maximum fines and years of imprisonment. For instance, the importation of non-compliant food contact materials may result in fines ranging from RM100,000 to RM500,000 and/or imprisonment for up to 10 years.
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