FOOD ACT 1983

NAME: ANDREA VALERIE LAW ID: KQD 160028

NAME: NIK RUS KHUZAIMAH BINTI NIK AZIZAN ID: KQD 160038
NAME: NOOR ZURIATUSHAHIRAH BT ZUBIR ID: KQD 170013
 The Food Act 1983 Malaysian food legislations that is the backbone of food safety
programme.
 This Food Act is use to protect consumers regarding food hazards and fraud.
 Its also maintain and control the food production to consumption which involves in
process.
 Main enforcers and regulator for this Food Act are the Ministry of Health-recognize
competent authority for HACCP certifications, Ministry of Agriculture and Local
authorities.
 Veterinary Department, Fishery department (live fish) and Customs Department are
involves when food are import and export.
 The Act is used for nutrition labelling and rights to ensure that consumers are informed
the right information and able to make wise decision when buying food.
 The Act not only benefit the industries but also too ensure that consumers are not
misinformed by the rights on the food labels.
 Besides that, consumers are urged to play their role by reading nutrition's labels before
buying food.
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 Part i – Preliminary
 Part ii – Administration and Enforcement
 Part iii – Offences and evidence
 Part iv – Importation, warranty and defences
 Part v –Miscellaneous provisions

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OBJECTIVE
To protect the public against food related
hazards and fraud as well as to motivate
and promote the preparation, handling,
distribution, sale and consumption of safe
and quality food
MISSION
 To create community’s involvement and
participation in health to stimulate and facilitate
people to:
 Fully attain their health potential.
 Appreciate health as a valuable asset.
 Taken positive actions to further improve and
sustain their health status to enjoy better quality
of life.
VISION
To ensure food safety and uphold the nation’s
integrity in food safety and quality through shared
responsibility and accountability on the basis of
effective tripartite management system toward
vision 2020.
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 In 1988, there are 13 children died from excessive boric acids and aflatoxins in their noodles.
 These substances are not permitted in food production due to its contain of insecticide and also as
agent of disinfectant but up in 2008,boric acids is still can be found in noodles manufacturing.
Therefore, the premises does not comply to Food Act 1983 under section 13 which is prepares or sell
food that containing substances injurious to health.
 Besides unhygienic premises has becoming a concern matter in Malaysia.
 In 2016, there are 1,230 customer are complaining regarding satisfactory level of cleanliness of food
premises with 35.1% on food safety and quality.
 Complaints also associated with foreign matters found in food such as wires, plastic, insect remnants
and maggots either in restaurants or retail outlets like hypermarkets and convenience stores.
 There are 1,560 food poisoning between 2013 until April 2016.
 Besides that, food poisoning affect more towards children. There are man cases reported where
school canteen cleanliness are not comply to Food Act 1983 section 11( Closure of insanitary
premises)
 Recently reported, 16 national athletes at the Kuala Lumpur Sea Games (KL2017) was affected by food
poisoning.
 Investigation and inspection are crucial to solve this problem.
 Enforcement by authorities bodies are needed to make sure the safety and quality of food.
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“One of the restaurant staff was also caught washing dishes
by the drain in the back lane and a freezer used to keep
chicken was only at a temperature of about 5°C”
“A restaurant worker in Brickfields was caught red handed
washing dishes and throwing the waste water into the drain
in the back lane, despite having a sink and a grease trap.”
(Star Online,2016)

 Does not comply to Food Act 1983 section 10 and 11

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 “The workers were also packaging salted egg
yolks with their bare hands.
“This could expose consumers to many health
hazards as their food handling method allows
contamination from bacteria, pests and insects,”
(Star Online,2016)

 Does not comply to Food Act 1983 section 10

and 11

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 Section 5: Power to take sample
 5(1) On payment or tender, authorized
officer can select and take or obtain
samples of the food for the purpose of
analysis.
 5(2) authorized officer can take samples for
the purpose of analysis without payment
from manufacturer

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Section 10 : Director may order food premises or appliances to be put into hygienic and
sanitary condition
 10(1) food premises, or any premises related to preparation, preservation, packaging,
storage, conveyance, distribution or sale of food that fails to comply with any hygiene and
sanitary may put owner or occupier of such premises into a hygienic and sanitary condition
to the satisfaction of an authorized officer within a period specified in the instrument.
 10(2) After the period expired, Director or an officer authorized is not satisfied with the
premises hygienic and sanitary condition :
a) food premises shall not be kept for the preparation, preservation, packaging, storage or
sale
b) appliance shall not be used for the preparation, preservation, packaging, handling,
supplying, or serving of any food, until an authorized officer approved the condition of
premises which complies with the hygienic and sanitary requirements

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Section 11 : Closure of insanitary premises.

 Director or authorized officer can close the

premises immediately not exceeding
fourteen days of any premises preparing
or selling food when the premises fails to
comply with the sanitary and hygienic
requirements and can cause hazardous to
health
 proprietor, owner or occupier of the
premises who fails to comply with the
order is committed to an offence and is
liable on conviction to imprisonment for a
term not exceeding five years or to fine or
to both.

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 Food Premises Inspection
o by authorized officer (AO) with authorization certificate.
(Section 4 (1)(a))
o Document (Section 4(1)(d)(e) and Section 8)
 National Registration Identity Card
 Business Registration Certificate
 Anti-Typhoid injection Card
 Relevant documentation relate with food or other substance or any
appliance (if dissatisfied by AO).
o Physical Inspection
 Examine orally the owner, observe and test the food premises.
Risk Based Food Inspection Form
 The demerit marks are given based on Risk Based Food
Inspection Form, if less than borderline for passing, will be closed BORANG KKM-PPKM-2/09
in 2 weeks for corrective action and cleaning instruction.
 After expiration of date, if food premise is contravenes with act, the
premises shall not kept all the appliances and food until complies
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hygienic and sanitary requirement.
 Any food during inspection may collect as
samples for the purpose of analysis by followed
the S.O.P for sampling.
 Packing, sealing and marking of the samples
and sample container to avoid from external
contamination, protection against damage to
sample and easy to identify before sent to lab.

 Use shock absorbing materials for package during

shipping to lab.

Lab sampling at
 Sampling report for record purpose should be National Public
maintained in record system. Health Laboratory

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 Any person committed an offence under this act, in applying to the court for
summons, forthwith serve upon that person a notice ordering that person to appear
before the nearest court of a Magistrate having jurisdiction to try the offence. (Section
32(B)(1))
 If fails to appear, issue a warrant for the arrest of that person unless it appears that it
was not reasonably possible for that person to appear or in the case of a
compoundable offence. (Section 32(B)(2))
 The Director or any authorized officer may compound any compoundable offence by
making a written offer to the person and collect an amount of money not exceeding
fifty per centum (50%) of the amount of maximum fine for the offence committed.
(Section 33(1))

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 Act 281 FOOD ACT 1983 As at 1 April 2012. http://www.hdcglobal.com/upload-web/cms-editor-
files/HDC-26/file/Act%20281%20-%20Food%20Act%201983.pdf
 Amanda Yeap. (2017). Unhygienic food practices.
http://www.thestar.com.my/metro/community/2017/02/25/unhygienic-food-practices-workers-not-
vaccinated-for-typhoid-and-rat-droppings-found-in-food-storage/
 Bernama. (2016). Health ministry alarmed over food poisoning cases in Perak.
http://www.freemalaysiatoday.com/category/nation/2016/08/24/health-ministry-alarmed-over-food-
poisoning-cases-in-perak/
 Fao/Who Regional Conference On Food Safety For Asia And The Pacific. (2004). Food Safety Legislation
Science And Risk-based Approaches To Harmonization.
http://www.fao.org/docrep/meeting/006/ad698e.htm.
 Syafiq Aznan & Ajitpal Singh. (2017). (Updated) OCM investigating food poisoning incident that affected
16 athletes at KL2017. https://www.nst.com.my/news/nation/2017/08/272031/updated-ocm-investigating-
food-poisoning-incident-affected-16-athletes
 Vijenthi Nair. (2016). Report dirty restaurants.
http://www.thestar.com.my/metro/community/2016/10/07/report-dirty-restaurants-dbkl-wants-
customers-to-file-complaint-on-unhygienic-eateries-so-that-an-in/
 Kementerian Kesihatan Malaysia Bahagian Keselamatan dan Kualiti Makanan. (2017). Malaysian Guidelines
On Food Sampling. http://fsq.moh.gov.my/v5/images/filepicker_users/5ec35272cb-
78/Perundangan/Garispanduan/Pensampelan/Food%20Sampling_nitro.pdf
 Makmal Kesihatan Awam Kebangsaan. (2017) General Operational Policies. 14
http://mkak.moh.gov.my/our_service.php