[Updated] Malaysia Revises Food Regulations

[Updated]

The amendments of Food (Amendment) (No.4) Regulation 2020 come into operation on July 22, 2022.

On July 22^nd, Malaysia Food Safety and Quality Division unveiled Food (Amendment) (No.3) Regulation 2020 and Food (Amendment) (No.4) Regulation 2020. Changes in these two amendments involve general food labeling, nutrition labeling, labeling of food additive and pesticide residue limits.

ChemLinked summarizes some of the major changes below.

General Food Labeling

1. Description of food

If there is no common name for principal ingredients of food, a not misleading description should be indicated and the descriptions of true nature and physical condition of food are also required.

2. Percentage of ingredients

When required

The percentage of an ingredient by weight or volume should be shown on labels when:

(1) the ingredient is emphasized on label through words, pictures or graphics;

(2) the ingredient is not shown in food names, but is essential to characterize the food.

When not required

The percentage of an ingredient is not required when:

(1) the quantity or drained weight of the ingredient is required to be stated;

(2) the ingredient is used in small quantities as flavour.

* Notes: for food that lost moisture after processing, the percentage by weight or volume should be calculated by ingredient quantities in finished products; when the quantity of an ingredient or total of all ingredients exceeds 100%, the percentage could be replaced by “weight of the ingredient/100g or 100ml”.

3. Exemption

The labeling requirements regarding the statement of fat and oil in food, and the indication of name, INS No. and functional class of food additives, are not applicable to food products whose surface area is smaller than 10 cm².

4. Prohibited contents on labels

The following items are newly added as forbidden items on labels:

(1) The words "special dietary" or any other equivalent term unless otherwise stipulated in this regulation;

(2) The word "wholegrain" or "wholemeal", unless the food contains:

a. 100% of whole grain or wholemeal for wheat flour, rice flour, rice or grains;

b. 60% or more of wholegrain or wholemeal for bread;

c. 25% or 8g or more of whole grain or wholemeal per serving for other products.

After the revision, descriptions like "organic", "biological", "ecological", "biodynamic" and terms with similar meaning are only allowed when the food conforms to the requirements established or recognized by the Food Safety and Quality Division. While before the revision, it is only permitted when the food conforms to Malaysia Standards MS 1529: The Production, Processing, Labeling and Marketing of Plant-Based Organically Produced Foods.

Nutrient Labeling and Claims

1. Nutrition labeling

The range of food products subject to nutrition labeling requirements is expanded.
Definition of dietary fibre and its categories are added.
The amount of total sugar should be expressed in g per 100g or per 100 ml or per package on labels.
Changes have been made to the attached Nutrient Reference Value (NRV) chart:

(1) New nutrient items: vitamin K, panthotenate, biotin, copper, selenium, manganese, molybdenum, phosphorus, protein, carbohydrate, fat, energy;

(2) NRVs increased for: vitamin D, vitamin C, folate, vitamin B12, calcium, magnesium,

(3) NRVs decreased for: thiamin, riboflavin, niacin, vitamin B6

2. Nutrition Claims

Amendment No.4 stipulates the conditions when non-addition of sugar claim and non-addition of sodium salt claim could be made.
Permitted nutrient function claims and the other function claims should comply with newly added Table III and Table IV respectively in Fifth A Schedule. Besides, the functional claims should not include statements that the nutrient would afford a cure or treatment for a disease.

3. Revision in affiliated tables

(1) Items gluten, alphalinolen acid, ganglioside have been added to current Tables "Conditions for nutrient contents for use of nutrition claims "; items oat soluble fibre (b-glucan), total sialic acid, plant sterol/plant stanol, inulin and oligofructose are deleted from this Table.

(2) Three Tables "Conditions for Nutrient Function Claims", "Conditions for Other Function Claims" and "Conditions for Claims Related to Added Nutrient"are added in the amendment.

(3) Table "Recommended Maximum Amount of Vitamin and Mineral" has been updated.

Food Additive Labeling

1. Food containing additives

1.1 Format changes: labeling of INS No. and functional class is required

Where food contains food additive with the International Numbering System (INS) number, a statement of the functional class of the relevant food additive shall be labeled. The name or INS number of the food additive shall be indicated in brackets.

To food additives without the INS number, only a statement of the functional class and the name of food additive are required.
Where the food additive is with more than one functional classes, a statement of one functional class only is applicable.
Where the food additive is a flavoring substance, only the functional class is required on labels.

Food additive label format before

Food additive label format now

"contains permitted (state the type of the relevant food additive)";

e.g. contains permitted preservative

“functional class (name of food additives/INS number (if applicable))”

e.g. preservative (benzoic acid/210)

1.2 Requirements of specific food additives

(1) When food is added with 25g per 100g polydextrose or more, it should label the statement that “Sensitive individuals may experience a laxative effect from the excessive consumption of food containing polydextrose. ”

(2) Specific label requirement related to amino acid, fatty acid, nucleotide, etc are deleted.

2. Food additives

(1) INS number is applicable: on packages of food additive, the words “(state the chemical name of the food additive or the International Numbering System (INS)) as permitted (state the type of food additive)”shall be written on labels. E.g. monosodium glutamate/621 as permitted flavour enhancer.

(2) Colouring substances are no longer permitted to state common name or appropriate designation. Chemical name is now required.

(3) "For Food Use" should be placed near the name or INS number of food additive.

Pesticide Residue Limits

Pesticide residue limits (the Sixteenth Schedule) are subject to huge changes and the amendment mainly involves the applicable food categories and corresponding MRL levels, the addition and deletion of some pesticides. For example, 2,4-D residue in milled rice increased from 0.05mg/kg to 0.1mg/kg, while its residue in sugarcane decrease from 3mg/kg to 0.05mg/kg. Alcohol has been removed from this schedule. For more detailed information in the schedule, please visit Food Act 1983 Food (Amendment) (No.3) Regulations 2020 in ChemLinked database.