The manufacturer should be mindful of the terms on their packaging, such as ‘ the product does not contain pork and alcohol’, because in some countries such as Malaysia and Brunei, it has engaged the requirement of Halal certification for your product.

So far, there are no entry points or cross-border requirements for product export to any country except for World Trade Organisation (WTO) requirements that require tariff code identification and a form of food safety declaration according to numerous country-specific rules, regulation of the Food Act and traceability or origin profiling within the local legislation. However, Indonesia plans to enact a filtering process at the entry points for every product entering the country by ensuring all consumable products are Halal certified. In a similar legal sound, Malaysia has imposed a similar law according to the local Trade Description Act on importation rules. Pakistan also echoes the move made by Malaysia.

While GCC countries and Brunei are implementing this based on random surveillance or lodged reports by consumers. GCC has formed a Gulf Accreditation Centre (GAC) under the helm of the Gulf Standardisation Organisation (GSO), a bilateral government set up to spearhead Halal Standards and enforcement.

These are some of the leading Halal regulations that are perceived as the strictest in the world.

GCC – United Arab Emirates, Qatar, Saudi Arabia, Oman, Kuwait, Bahrain

Standards Link

Surveillance

4.7 The official authorities may follow all necessary procedures to verify the compliance of Halal products with the special requirements. and may take the appropriate procedures in accordance with the other local legislation.

Labeling

7.1 All Halal food stored, displayed or transported shall be separated, categorized and labeled as Halal to prevent them from being mixed with non-Halal products.

8.4 If there is a willingness to affix a ‘Halal’ slogan on the label, the requirements under the standard in item (2.2) shall be adhered to.

Note: Accredited Halal list by GAC http://www.gac.org.sa/en/approved_provider/

Indonesia

According to BJPPH, the full enforcement of Indonesian regulations will take place on 17 October 2024.

Malaysia

The use of the “Halal” description or any other such description is voluntary under the current legislation. However, Trade Descriptions (Definition Of Halal) Order 2011 provides that when food or goods are described as halal or are described in any other expression to indicate that the food or goods can be consumed or used by a Muslim, such expression means that the food or goods. – Link at HDC, An Agency under the Ministry of Economic Affairs

(link)- Trade Descriptions (Certification and Marking of Halal) Order 2011

Page 11: P.U (A) 431

4 (2) The services in relation to the food or goods shall not be described as Halal or be described in other manner to indicate that the services can be used by a Muslim unless it is certified as Halal by the competent authority

5. (1) All imported food and goods marketed in Malaysia shall not described as Halal unless the imported food and goods comply with the requirements in paragraph 4 or are certified as Halal by the foreign Halal certification body recognized by JAKIM as specified in the Second Schedule.

Offense:

(i) For an organization or corporation, a fine not exceeding RM200,000, and for the second or subsequent offenses, a fine not exceeding RM500,000.

(ii) For an individual, a fine not exceeding RM100,000, or imprisonment for a term not exceeding three years, or both. For the second or subsequent offence, a fine not exceeding

RM250 000, or imprisonment for a term not exceeding five years of imprisonment, or both.

List of certifications recognized by JAKIM

Pakistan

Pakistan Halal Authority Act, 2016 (Act No.VIII of 2016)

18. Import of Halal articles and processesNo article or process shall be imported into Pakistan with the description of being a Halal article or process unless it has been certified as such by an accredited Halal Certification Body in Pakistan or the exporting country or is certified to be Halal by duly accredited Halal certification body.

Link: http://www.na.gov.pk/uploads/documents/1457693935_828.pdf

Brunei

CONSTITUTION OF BRUNEI DARUSSALAM

(Order under Article 83(3)) HALAL CERTIFICATE AND HALAL LABEL ORDER, 2005 Link

Halal Label.

(2) The label shall be in the form as set out in the Second Schedule and shall be in the form of a label, tag, brand, mark, pictorial or other descriptive matter, written, printed, stenciled, marked, painted, embossed, impressed or inscribed on, or attached to, included in, belonging to or accompanying, any such food.

Court to order disposal of food seized.

31. (1) If any person has been convicted of any offense against this Order, the court may order any food seized, whether forfeited or not, to be disposed of in such manner as it may direct. (2) If such food has been imported, the court may order such person to return it, at his own expense, to the country from which it was exported.

United States 

California:
It is illegal to sell non-halal products such as Halal. It also mandates that Halal restaurants indicate if they also serve food which is not Halal. Passed in 2002.Illinois:
A business that offers both Halal and non-Halal items must clearly label the items accordingly. It is illegal to sell food as Halal which the seller knows is not Halal or which the seller did not adequately ensure was Halal, however, the seller is not responsible for non-Halal items being sold as Halal if the seller was deceived into believing those items were Halal by the producer, manufacturer, etc.
Additionally, it is a misdemeanor to: mislead a person to believe a non-Halal food product is Halal, remove or destroy identifying documents or markers on Halal food unless that food is to be sold as non-Halal, resell food as Halal with fraudulent labels and falsely label food as Halal, sell Halal items as Halal in the same location as non-Halal items without clearly posting that the establishment sells both Halal and non-Halal items, sell an item as Halal which has not been marked as Halal by the producer, and allow for cross-contamination between Halal goods for sale and non-Halal goods.Maryland:
An establishment selling Halal food must clearly display a “disclosure statement”. If the establishment sells Halal and non-Halal items, it must clearly display a sign stating such. It is illegal to falsely represent non-Halal food for sale as Halal. An establishment that advertises itself as “Halal Only” but also offers for sale non-Halal food is considered fraudulent.

Michigan:
In Michigan, it is a misdemeanor to falsely label non-Halal food as Halal, sell non-Halal and Halal food in the same location without clearly labeling the two and possess non-Halal items in an establishment that claims to sell only Halal items.

Minnesota:
It is illegal to package, label, and sell food as Halal that has not been “prepared and maintained in accordance to the laws and customs of the Islamic religion” or to sell food as Halal that is not marked with the original identifying Halal label.

New Jersey:
New Jersey, one of the first states to enact Halal laws, has some of the most stringent. In addition to penalizing the false labelling and sale of non-Halal as Halal, those establishments selling Halal food must “post information setting forth the procedures they follow in their purchase, handling, and preparation of the Halal food”. Fraudulently selling non-Halal as Halal results in a fine of $10,000 for first-time offenders and $20,000 thereafter.

New York:
Manufacturers, producers, and packers of Halal food must register with the state and identify their certifying organization. Establishments selling Halal food, including food carts, must display their Halal certificate in a prominent location. Companies selling Halal and non-Halal items must clearly display a sign that reads non-Halal and Halal items are sold in that location.

Texas:
It is illegal to sell food as Halal which the seller knows is not Halal or which the seller did not adequately ensure was Halal. Companies selling Halal and non-Halal items must clearly display a sign that reads non-Halal and Halal items are sold at that establishment.

Virginia:
In Virginia, it is illegal to sell food as Halal without indicating the certifier of the product.

Canada

As of April 5, 2016, all halal claims on food labels, packaging and advertising materials will need to be accompanied by the name of the organization or person that certified it as halal.

Key Success Factor

The authority usually checks the manufacturer’s compliant status to see if there is an issue voiced by consumers or consumer associations, such as traces of animals on the distributor side. Thus, proving to the authority that the manufacturing site is compliant is crucial. It is recommended that the manufacturer apply the Halal certificate from an accredited certification body for the respective products exported to the said countries. The producer may scope only selected products and not the entire factory for certification application, although all factory processes will be examined, including rework / recycle items and cross-functional flow.

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2 Comments

  1. […] foreign halal products, Trade Descriptions (Definition Of Halal) Order 2011 is imposed on them and they must be recognized […]

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  2. […] foreign halal products, Trade Descriptions (Definition of Halal) Order 2011 is imposed on them and they must be recognized […]

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