tda on halal
DESCRIPTION
PresentationTRANSCRIPT
Outline/Review
Introduction to Trade Descriptions Act
Trade Description Order and regulation On Halal (TDA’s subsidiary legislations)
Trade Descriptions (Definition of Halal) Order 2011
Trade Descriptions (Certification and Marking of Halal) Order 2011
Trade Descriptions (Certification and Marking of Halal Fees) Regulations 2011
ISSUES related to trade descriptions act
Conclusion
References
Introduction – What is Trade
Descriptions Act (TDA)?
It is one of the acts in Malaysia that is enacted by
Parliament of Malaysia.
This act is applied in whole Malaysia to protect
traders or consumers from unethical trade practices.
This act is under supervision of Ministry of Domestic
Trade, Co-operatives and Consumerism (MDTCC).
There are two acts:
Trade Description Act 1972 (Not used since 1 November 2011)
Trade Description Act 2011(Latest)
*MDTCC = Kementerian Perdagangan Dalam Negeri, Koperasis dan
Kepenggunaan (KPDNKK)
Trade Descriptions Act 1972
Also known as Act 87
Date of Royal Assent - 26 September 1972
Date of publication in the Gazette - 30 September
1972
PREVIOUS REPRINTS
First Reprint – 1994
Second Reprint – 1999
Third Reprint – 2006
to consolidate and amend the laws relating to
merchandise marks with new provisions prohibiting
misdescription of goods provided in the course of trade
and false or misleading indications as to the price of
goods
to confer power to assign the meaning of any
expression or indication used in relation to the prices of
goods, charges or rates for services, accommodations
or facilities and to regulate, control or prohibit the use
thereof in the course of trade or business
Why this act is needed and what is it for?
to prohibit the making of false or misleading statements
as to any services, accommodation or facilities
provided in the course of a trade or business
to confer power to require information or instructions
relating to goods to be marked on or to accompany the
goods or to be included in advertisements; and for
related purposes.
Why this act is needed and what is it for?
Trade Descriptions Act 2011
Also known as Act 730
Date of Royal Assent – 5 August 2011
Date of publication in the Gazette
- 18 August 2011
Comes into force on 1 November 2011
Aim: To promote good trade practices in the
market by prohibiting false trade descriptions and
false or misleading statements, conduct and
practices in relation to the supply of goods and
services
Why Change???
To reform the law on trade descriptions by
repealing the Trade Descriptions Act 1972
To give it ‘more bites’ against the traders who
use fake halal logos
Protecting the interest of consumers
#Difference 1#
Section 9(1) – Trade Description Orders (TDO)
reserved for owners of registered trade marks only
In contrast to the 1972 Act where common law
owners are also eligible
Such a limitation may not be popular but it will
encourage registration of trade marks
#Difference 2#
Section 9(2) – A TDO is now valid for a mere one
year, unless renewed by the High Court on such
terms and for such further period as the Court may
decide
This is more administratively burdensome but
renewal would not be withheld unreasonably
#Difference 3#
Section 20 – It is now a punishable offence to make
false or misleading statement in relation to contests
and games
This would hopefully curb sham “scratch & win”
games of chance, with false promises of prizes, that
abound in Malaysia.
#Difference 4#
Section 23 – Personal or domestic use is now a
defence to a person charged under the Act.
However, a body corporate is not entitled to rely on
such defence
#Difference 5#
Section 44 – It is an offence to disclose information
that is likely to prejudice an investigation under the
Act
Some defences have been provided under this new
“tipping-off” provision
#Difference 6#
Sections 53 & 66 – These new sections allow admissibility of evidence obtained by agent provocateur (abetting the commission of an offence for the sole purpose of securing evidence) and rewarding whistleblowers with part (not more than 50%) of the fine imposed upon securing a conviction
This is to encourage the public’s participation; in an Act that is ultimately meant to protect the same public
Trade Descriptions Order and
Regulations On Halal
A court order obtained from the High court for a declaration that products bearing an infringing mark are a false trade description
It is useful as conclusive proof that the use of a false trade description on a product is a use without authority
There are three subsidiary legislations that are related to Halal:
Trade Descriptions (Definition of Halal) Order 2011
Trade Descriptions (Certification and Marking of Halal) Order 2011
Trade Descriptions (Certification and Marking of Halal Fees) Regulations 2011
Trade Descriptions (Definition of Halal)
Order
Minister makes this order in exercise of
the power conferred by section 28 of
TDA.
This order comes into operation on 1st
January 2012.
With this order, the use of the “Halal”
description or any other such descriptions
is voluntary.
Trade Descriptions (Definition of Halal)
Order
However, TDO has provided that when food or
goods are described as halal or can be
consumed by Muslim, such expression means
that:
A) neither is nor consist of or contains any part or
matter of an animal that is prohibited by
Hukum Syarak for a Muslim to consume or that
has not been slaughtered in accordance with
Hukum Syarak;
B) does not contain anything which is impure
according to Hukum Syarak;
C) does not intoxicate according to Hukum
Syarak;
D) does not contain any part of a human being
or its yield which are not allowed by Hukum
Syarak;
E) is not poisonous or hazardous to health;
Trade Descriptions (Definition of Halal)
Order
F) has not been prepared, processed or
manufactured using any instrument that is
contaminated with impure according to Hukum
Syarak
G) has not in the course of preparing, processing
or storing been in contact with, mixed, or in
close proximity to any food that fails to satisfy
paragraph a) and b).
Trade Descriptions (Definition of Halal)
Order
When services in relation to the food or goods
including the transporting, storing and processing
raw materials, serving and retailing of such food or
goods are described as halal such expression
means that the services in relation to the food or
goods are carried out in accordance with Hukum
Syarak.
Trade Descriptions (Definition of Halal)
Order
However, TDO has stated that any person who
supplies or offers to supply any food through any
representation or act which is likely to mislead or
confuse any person that the food is halal or can be
consumed by a Muslim is considered as commiting
an offence.
Trade Descriptions (Definition of Halal)
Order
PENALTY
Any person not in compliance with the Order
commits an offence and upon conviction, shall be
liable to a fine
a) not exceeding RM 1 million or imprisonment for a
term not exceeding 3 years or both.
b) not exceeding five million ringgit or to
imprisonment for a term not exceeding five years or
both. (for second or subsequent offence)
Trade Descriptions (Definition of Halal)
Order
The penalty for a body corporate is a
a) Fine not exceeding RM5 million
b) Fine not exceeding RM10 million (second or
subsequent offence)
Trade Descriptions (Definition of Halal)
Order
Trade Descriptions (Certification and
Marking of Halal) Order
Minister makes this order in exercise of the
power conferred by section 29 of TDA.
This order comes into operation on 1st January
2012.
Trade Descriptions (Certification and
Marking of Halal) Order
Under this order, only the Department of
Islamic Development Malaysia (JAKIM) and
the Islamic Religious Council (MAIN) in the
respective States are appointed as the
competent authorities to certify that any food,
goods or services in relation to the food or
goods is halal in accordance with the Trade
Descriptions (Definition of Halal) Order 2011.
Trade Descriptions (Certification and
Marking of Halal) Order
All food and goods shall not be describe as halal
unless:-
certified as halal by the competent authorities
marked with the logo below
Trade Descriptions (Certification and
Marking of Halal) Order
All imported food and goods marketed in
Malaysia shall not be describe as halal unless:-
certified as halal by the foreign halal certification
body recognized by JAKIM
importer or manufacturer of the food and goods
which have been certified as halal shall mark on the
said food and goods, the name of the said
certification body
Trade Descriptions (Certification and
Marking of Halal) Order
All food and goods shall marked by affixing or
annexing the logo.
Apply to the Director General of JAKIM or the
Islamic Religious Council in the respective state for
Halal certification.
PENALTY
For body corporate, fine < RM 200K & < RM 500K
for a second/subsequent offence
For non-body coporate, fine < RM 100K / to
imprisonment < 3 years / both & < RM 250 K / to
imprisonment < 5 years
Trade Descriptions (Certification and
Marking of Halal Fees) Regulations 2011
These regulations come into operation on
1 January 2012
Fee payable for the application of the
halal certification under this regulation is as follow:
Fee payable table
NO MATTERS
CATEGORY
RM
1.
Product logistic
and
manufacturing
service
Types of
industry
features
Small industry
Annual value of sales≥
rm 500,000.00
100
Medium small
industry
Annual value of sales≥
rm 500,000.00
400
Multi national
company
Annual value of sales≥
rm 25 million
700
NO MATTERS
CATEGORY
RM
2.
Slaughterhouse
Size of premise according to
types of animal
Number of
slaughtering per day
Small
premise
Chicken 1. 2,999 heads 100
Goat /sheep 1. 499 heads
Cow / buffalo 1. 49 heads
medium
premise
Chicken 3,000- 10,000 heads 400
Goat /sheep
500- 700 heads
Cow / buffalo 50- 100 heads
big
premise
Chicken Exceeding 10,000
heads
700
Goat /sheep
Exceeding 700
heads
Cow / buffalo Exceeding 100
heads
NO MATTERS CATOGERY RM
3. Food
premise,restaurant,kitchen
and hotel
- 100 for each
premise
4. Catering service - 100
Issues Related to Trade Descriptions Act
(NEWS 02/10/11) Only Jakim Halal logo
recognised from 1/1/12
Effective from 1st January 2012, only Halal logo issued by
JAKIM can be used and will be recognised
This was a follow-up to the enforcement of the Trade Description
Act 2011
All the existing logo in 2011 in food premises, hotels and others
was void after January 1 and new fresh
applications are needed to be made
Industries were given a year to change to
halal logo issued by JAKIM, which is
untill 31 December 2012
(NEWS 3/7/12) From July 1, Food Outlets Without Jakim Halal Logo Risk Fine & Jail
Starting July 1, all food outlet operators who are still using and displaying halal logo not issued by JAKIM or State Religious Council, will be liable to a fine and imprisonment.
the food outlet operators that the usage of halal logo or words like 'ditanggung halal' (halal assured), 'Muslim food', 'Ramadan buffet', as well as symbols that could confuse the Muslims, was prohibited as stipulated under the Trade Descriptions (Definition of Halal) Order 2011, which had taken effect since Jan 1, this year.
Issues Related to Trade Descriptions Act
Non-Halal Eateries Offering Buffet Warned
Non-halal restaurants and eateries in Kuching which were
running Ramadan buffet were urged to stop their act or risk
being fined
Such business had been warned to take down all form of
Ramadan buffet advertisement at their premises as it
confused public
Issues Related to Trade Descriptions Act
This case confused the people especially when
some of the premises advertise various beer
brands with their Ramadan buffet promotion.
Under the Trade Descriptions Act 2011,
restaurants and eateries not halal certified or
those serving non-halal food will be fined if they
are found to have put up confusing promotion.
This includes putting up of signages such as
'Islamic food', 'Bismillah' or 'certified halal' at
their premises.
Issues Related to Trade Descriptions Act
Halal Issue in Sushi King
Sushi King is not certified “Halal” from JAKIM.
However, all food served is pork-free and the meat
materials like chicken, beef and seafood are from Halal-
certified source.
They also claim that no mirin and alcohol is added to their
products.
Issues Related to Trade Descriptions Act
They claim that they are still in the research
progress towards getting Halal certification from
JAKIM.
There is no logo or sign or signage like “certified
halal” in the restaurants even they seem to be
served Halal food.
This is shown that Sushi King obey TDA 2011,
which they do not confuse customers with the food
descriptions.
Issues Related to Trade Descriptions Act
Halal Deal Reopens Malaysia Trade Door (New
Zealand)
In 2005, JAKIM inspectors found fault with the New
Zealand halal system and managed by Malaysian and New
Zealand Muslim authorities with the Meat Industry
Association, and meat plants started to lose their licences to
trade with Malaysia.
In 2011, NZ Agriculture and Forestry Ministry won an award
for best service provider at the World Halal Forum and this
proves New Zealand is recognised globally as having the
best halal system.
New Zealand’s approach is increasingly accepted as the
sensible one in the global halal meat market.
Issues Related to Trade Descriptions Act
Conclusion
Trade descriptions act is an important act to protect
traders or consumers from unethical trade practices.
It helps to minimize the misleading or confused
descriptions of halal food, in order to make sure
that Muslim customers can consume food that is
certified by Halal.
THEREFORE, from now onwards, for Muslim students,
consume only food that is certified Halal by JAKIM
and State Religious Council.
References
Trade Descriptions Act 2011
Trade Descriptions Act 1972
Trade Descriptions (Definition of Halal) Order 2011
Trade Descriptions (Certification and Marking of Halal) Order 2011
Trade Descriptions (Certification and Marking of Halal Fees) Regulations 2011
http://www.halal.gov.my/v3/index.php/en/media/announcement/258-pekeliling-pensijilan-halal-malaysia-bil-12012
http://www.sushi-king.com/FAQ_71_1.htm
http://halalfocus.net/2011/10/02/malaysia-only-jakim-halal-logo-recognised-from-1-jan-2012/
http://www.kpdnkk.gov.my/en/pengguna/penguatkuasaan/tanda-halal
http://halalfocus.net/2012/06/21/nz-meat-exporter-gains-from-halal-challenge/
http://www.thesundaily.my/news/292459
http://www.daganghalal.com/HalalNews/HalalNewsDtl.aspx?id=1932
http://www.daganghalal.com/HalalNews/HalalNewsDtl.aspx?id=2023
http://www.daganghalal.com/HalalNews/HalalNewsDtl.aspx?id=1963
http://foongchengleong.com/tag/trade-descriptions-act-2011/
References