CERTIFICATION AND

LEGISLATION IN THE FOOD

AND BEVERAGE INDUSTRY
 Topic 11: Certification and Legislation

11.2 HACCP
11.3 Food Act
11.1 Types of (Hazard
1983 and 11.4 Food
License Analysis 11.5 Halal
Food Poisoning
Critical Certification
Regulations
Control Point)
1985
 Introduction

⊡ Setting up a restaurant involves many factors, from understanding the

concept, and the equipment used from the service to the bar, to the
organization chart, the positions we are hiring to fill, the training that
must be provided and the current trends preferred by consumers.
⊡ It enables businesses, to gain access to funding and to certain protections
by the law.
⊡ It also helps to formalize the economy as registered businesses pay taxes
and deliver other important benefits to the economy, like job creation.
⊡ Under Section 119 of the Local Government Act 1976 (Act 171), if a
business operates without a license, the penalty is a fine up to RM 2,000
or imprisonment not more than a year or both.
11.1 Types of License
 Types of License

Restaurant and
Residential Permitted hour Restaurant Occasional
Full on license Off license residential
license license license license
license
• A license for • Intoxicating liquor • The broadest type • An establishment • This allows the • This permits the • This license,
establishments may only be of license. The that sells liquor sale of liquor only sale of liquor to however, must
providing consumed on holder may sell only for as an residents and non- comply with
breakfast, licensed premises liquor for consumption off accompaniment to residents eating a tenders that
accommodation during the times consumption on premises. This food. This license meal at a table in provide food and
and at least one permitted and off premises. license is specially is very the beverages during
main meal. Liquor according to the Hotels and public used for sundry straightforward establishment’s an event. For
must only be license. This houses use this shops, liquor and restaurant. This instance, Motor
supplied to complies with all license. It may be shops, accommodates license complies GP, F1 events,
residents. For restaurants which granted for the supermarkets and both hotels and with only hotels concerts, rave
instance, this is provide dining for sale of all liquor or hypermarkets. restaurants. which provide food parties, etc.
mostly to comply guests restricted to as well as
from one star to certain types e.g. accommodation
five rated hotels wines or beers. for consumers.
which provide Sometimes, there
accommodation. are special
restrictions on
individual licenses
imposed for public
interest.
 Benefits of Operating with License

⊡ Allow establishments to provide food and beverages

or even accommodation according to rules and
regulations.
⊡ Allow entrepreneurs to understand the rules and
regulations so that they know which types of food and
beverages comply with the license to operate an
establishment or an outlet.
11.2 HACCP (Hazard Analysis Critical Control Point)
 HACCP (Hazard Analysis Critical Control Point)

Glass, metal and metal shavings from a worn can opener are common physical hazards.

HACCP not only functions to protect the establishment from being involved in a lawsuit but it also
protects the consumers as well employees from being in negligence.

The hotel or food and beverage outlet is being fully responsible for duty of care. Ergo, HACCP is
used as damage control and a preventive measure.

The Hazard Analysis Critical Control Point system or HACCP is a process control system that
identifies where hazards might occur in the food production process and puts into place stringent
actions to be taken to prevent the hazards from occurring based on the following seven principles:
 HACCP (Hazard Analysis Critical Control Point)

Principle 1: • Conduct a hazard analysis.

Principle 2: • Determine the critical control points (CCPs).

Principle 3: • Establish critical limits.

Principle 4: • Establish monitoring procedures.

Principle 5: • Establish corrective actions.

Principle 6: • Establish verification procedures.

Principle 7: • Establish record-keeping and documentation procedures.

 These are some of the common terms which are used
on most establishments:

Best before Core Clean as you Critical Control

Bacteria: Bactericide: Carrier: Contamination:
date: temperature: go: Point:

A point,
step,
Date mark procedure
Single celled required on A person Food is where
organisms longer life who harbors, contaminate The routine control can
found all foods that and may d if it of cleaning be
around us. A substance are not transmit, contains The up as you exercised/
They can which subjected to pathogenic something temperature work, not applied to a
survive destroys microbiologi bacteria which should at the center leaving all hazard and
under many bacteria. cal spoilage without not be in it, of the food. the cleaning the hazard
conditions, if kept in the showing e.g. a stone, to do at the eliminated,
including correct signs of chemicals or end. prevented or
freezing. storage illness. bacteria. reduced to
conditions an
acceptable
level.
HACCP (Hazard Analysis Critical Control Point)
(cont.)

“
Duty of care: In tort law, a duty of care is a legal
obligation which is imposed on an individual
requiring adherence to a standard of reasonable
care while performing any acts that could
foreseeably harm others. It is the first element that
must be established to proceed with an action in
negligence.
 HACCP (Hazard Analysis Critical Control Point)
(cont.)

Food Act 1983

⊡ An Act to regulate the handling of food for sale and to provide for the
application in establishments to:
• Ensure food for sale is both safe and suitable for human consumption
• Prevent misleading conduct in connection with the sale of food
• Provide for the application in this State of the Food Standards Code
⊡ This also includes procedures such as:
• Maintenance of premises
• Cleaning – general and specific, high-priority cleaning
• Personal hygiene
• Pest control
• Training and supervision
 HACCP (Hazard Analysis Critical Control Point)
(cont.)

OSHA (Occupational Safety and Health Administration)

⊡ Compliance with this Act reduces workplace accidents, protects
employers, employees and persons coming in contact with the workplace
from injury and disease and provides a safe and healthy workplace.
⊡ Relating to the common law duty of care, it includes:
• To act prudently and use reasonable care with their customers
• To provide a safe and risk-free environment
• To act to reduce risk where appropriate
⊡ Negligence in its legal sense means a failure in law to do what a
reasonable person would have done in the circumstances.
HACCP (Hazard Analysis Critical Control Point)
(cont.)

“
Breach of duty:
A breach of duty occurs when one person or company
has a duty of care toward another person or
company, but fails to live up to that standard. A
person may be liable for negligence in a personal
injury case if his breach of duty caused another
person’s injuries.
11.3 Food Act 1983 and Food Regulations
1985
 “
According to the Ministry:
“The Malaysia food safety system is characterized
by its complexity and diversity; with different
authorities entrusted with the task of ensuring food
safety at different stages of the food chain”
 Food Act 1983 and Food Regulation 1985

⊡ These legislation work hand in hand in collaboration with the

Department of Public Health under the Ministry of Health
Malaysia.
⊡ Strategies in order to ensure food safety among establishments
and businesses involved in food production:
• Review and update legislation and strengthen infrastructure
• Enhance collaboration between government agencies, consumer bodies,
academia, industry and international organizations
• Develop and train manpower resources
• Educate consumers to raise their awareness of food safety issues
 Inspections

The procedures are as follows:

Premises
which get
Inspection of Grade A are
The labs are
premises is likely to Laboratories
A Core Food is expected to
A Crisis Alert done regularly, display their for testing food
Prosecution sampled for conform to
Team exists to and certification, samples have
Team ensures microbiological quality
handle acute cleanliness is but as it is not been
effective , chemical and systems as
problems. graded on a mandatory, established
prosecution. physical tests. outlined in ISO
standardized those with less nationwide.
17025.
system. stellar grades
choose to
remain silent.
 Food Act 1983 and Food Regulation 1985 (cont.)

Food Handling for Food and Beverage Handlers

⊡ As stipulated in Food Act 1983, food handlers are made compulsory
vaccinated against typhoid to strengthen the body’s immune system to
prevent contracting diseases when handling food items.
⊡ This prevention method is also stipulated in the Food Hygiene
Regulation 2009.
⊡ Typhoid injection is compulsory for all food and beverage handlers but
there is an expiry date for each injection.
⊡ The vaccine will last as body immunization against the typhoid disease
up to two years only.
11.4 Food Borne Illness
 Food Borne Illness

⊡ Symptoms usually take between a few hours to a few days to begin and
may last for a few days, depending on the type of pathogen.
⊡ Symptoms of food borne illness often include one or more of the
following:
■ Nausea
■ Stomach cramps
■ Diarrhea
■ Vomiting
■ Fever
■ Headaches
 The main causes of food poisoning are as follows:

Storing hazardous
Not cooking food Unhygienic food
foods above 5°C or
thoroughly handling
below 60°C (TDZ)

Cross contamination,
where bacteria is
Eating food after a
spread between food, Poor storage
‘use-by’ date
surfaces, utensils and
equipment
 Common Foodborne Illness Bacteria / Virus

Salmonella • Eggs and chicken

E-coli • Meat, raw juice, unpasteurized milk

Clostridium botulinum • Canned fish

Clostridium perfringens • Meat stews

Staphylococcus • From infected handler

Listeria • Unpasteurized milk products, meat, etc.

 Cleanliness Helps Prevent Food-borne Illnesses

⊡ The US Department of Agriculture (USDA) developed the Be

Food Safe campaign in cooperation with the Partnership for Food
Safety Education. Be Food Safe means preventing food-borne
illness through four easy steps: Clean, Separate, Cook and Chill:
□ Clean: Wash hands and surfaces often.
□ Separate: Do not cross-contaminate.
□ Cook: Cook to proper temperatures.
□ Chill: Refrigerate promptly.
11.5 Halal Certification
 Halal Certification

⊡ Halal food is consumed by Muslims as a fundamental practice. It is said that

the Quran states that the followers of Islam are meant to eat food that is
prepared only from the halal method of slaughtering meat.
⊡ Halal means ‘permissible’ in Arabic. In Malaysia, the halal certification can
only be issued by the Malaysian Islamic Development Department (JAKIM).
⊡ Provides assurance to Muslim consumers as it verifies those products fulfil the
Shariah requirements which permits consumption by Muslims.
⊡ Other requirements such as Good Manufacturing Practice (GMP) and Hazard
Analysis Critical Control Points (HACCP) requirements are critical in the
Malaysian Halal Certification where the products are safe to consumer or use,
nutritious and high in quality.
 Definition

Definition of Halal
⊡ Halal originates from the Arabic word halla, yahillu, hillan,
wahalalan which means allowed or permissible by the Shariah
law.
⊡ The definition of halal is also provided by the Trade Descriptions
(Definition of Halal) Order 2011 and Trade Descriptions
(Definition of Halal) (Amendment) Order 2012.
 Concept of Halal

1. The food considered “HALAL when it meets several

criteria:
a. The origin of the goods are Halal.
b. All content item from the halal ingredients (no mixing
between lawful and unlawful content).
c. Material must be obtained in a manner that is required by
Islam.
d. Storage and handling goods accordance with Islamic law.
e. Equipment must be of clean material.
f. Not interfere with normal functioning of body and mind.

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 Conditions Of Malaysia Halal Certifications

Applicant or Register with the companies commission of Malaysia (SSM)/Malaysia

manufacturer co-operative societies commission/ other government agencies;
shall: Hold a business license from the local authorities (PBT)/ testimonial
from government agency;
Be in full operation before an application is made;

Produce and/or handle only halal products and in compliance with the
specified halal standard;
Ensure sources for ingredients are halal and choose suppliers who
supply halal materials or have obtained recognized halal certificate;
Apply for all types of products/menu which are produced by the
factory/premise;
Applications for repackaging must be accompanied with recognized
halal certificate for the said products;
 Halal Certification Process

Premise
Application Inspection/Audit/ Report Writing
Sample

Monitoring and Issuance of Panel

Enforcement Halal Certificate Committee

03/31/2024
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 MALAYSIA
HALAL
LOGO

How to recognize the GENUINE Halal

logo?
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 MALAYSIAN HALAL CERTIFICATION ISSUED
BY:

State Islamic
Department of Religious Affairs
Majlis Agama Islam
Islamic Development Department
Negeri (MAIN)
Malaysia (JAKIM) (Jabatan Agama
Islam negeri (JAIN)

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 Halal Food Control

In Malaysia, the government controls halal food

through multi-agency approach lead by JAKIM.

KPDN is
MOA is Chemistry
MOH is responsible
Department
JAKIM is the responsible for halal label
responsible is
authority for for animal under the
for food Trade
responsible
Halal Food health and for food
safety Description
abattoirs analysis
Act

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