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											2011 	
										 2011	
P.U.	(A)		
		
WARTA	KERAJAAN	PERSEKUTUAN	
	
FEDERAL 	GOVERNMENT 	
GAZETTE 	
	
	
			
TRADE	DESCRIPTION	ACT	2011		
[AKTA	730]	
			
TRADE	DESCRIPTION	(DEFINITION	OF	‘HALAL’)		
ORDER	2011	
	
	
	
	
	
		
DISIARKAN	OLEH/	
PUBLISHED 	BY	
JABATAN	PEGUAM	NEGARA/	
ATTORNEY 	GENERAL’S 	
CHAMBERS 	
	 
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TRADE	DESCRIPTION 	(DEFINITION 	OF	‘HALAL’) 	ORDER	2011	
	
IN	exe rc is e	of 	t he	p owers 	c on fe rr ed	by	s ec tion	28 	of 	the	Tr ade 	De scription	Act	2011												
[Act	730	],		the	Minister	makes	the	following	order:	
	Citation	and	commencement 	
1.	 (1)	 This	 Order	 may	 be	 cited	 as	 Trade	Description 	(Definitionof 	‘Halal’)	
Order2011. 	
		 (2)	 This	Order	shall	come	into	operation	on	 1	January	2012.	
	
	
Interpretation 	
2.	 In	this	Order	,	unless	the	context	otherwise	requires—	
	
	 “food”	includes	every	article	manufactured,	sold	or	represente d	for	use	as	food	or	
drink	 for	 human	 consumption	 or	 w hich	 enters	 into	 or	 is	 used	 in	 the	 composition,	
preparation,	 preservation,	 of	 an y	 food	 or	 drink	 for	 human	 consu mption	 and	 includes	
confectionary,	chewing	substance s	and	any	ingredient	of	such	fo od,	drink,	confectionary	or	
chewing	substances;	
	
	 “Hukum	Syarak”	means	the	Laws	of	Islam	according	to	Mazhab	Sha fie,	or	the	Laws	
of	Islam	in	any	of	the	other	Mazhabs	of	Hanafi,	Maliki	or	Hanba li	which	are	approved	by	the	
Yang	di‐Pertuan	Agong	to	be	in	force	in	the	Federal	Territory,	 Penang,	Melaka,	Sabah	and	
Sarawak	or	the	Ruler	of	any	Stat e	to	be	in	force	in	the	respect ive	State;	
	
	 “fatwa”	means	any	religious	decree	which	are	verified	by	the	a ny	authority	related	
to	the	religion	of	Islam.				 
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“Halal”	defined.	
3.	 (1)	 When	food	or	goods	or	service	in	relation	to	the	food	or 	goods	used	in	the	
course	of	trade	or	business	is	described	as	“halal”	or	by	any	o ther	expression	indicating	
that	Muslims	are	permitted	to	consume	or	use	such	food	or	goods 	or	service,	means	the	
food	or	goods	or	service	in	relation	to	the	food	or	goods:		
(a)	 neither	is	nor	consist	of	or	contains	any	part	or	matter	of 	an	animal	that	a	
Muslim	is	prohibited	by	Hukum	Syarak	to	consume	or	that	has	not 	been	
slaughtered	in	accordance	with	Hukum	Syarak	and	fatwa;	
	 	(b)	 does	not	contain	anything	impure	according	to	Hukum	Syara k	and	fatwa;	
	 (c)	 does	not	intoxicate	according	to	Hukum	Syarak	and	fatwa;	
(d)	 does	not	contain	any	parts	of	a	human	being	or	its	yield	wh ich	are	not	
allowed	by	Hukum	Syarak	and	fatwa;	
	 (e)	 is	safe	to	be	used	or	consu med,	not	poisonous	or	hazardous 	to	the	health;	
(f)	 has	not	been	prepared,	proce ssed	or	manufactu red	using	any	 instrument	that	
was	not	free	from	anything	impu re	according	to	Hukum	Syarak;	
(g)	 has	not	in	the	course	of	preparation,	processing	or	storage 	been	in	contact	
with,	mixed,	or	in	close	proximity	to	any	food	that	fails	to	sa tisfy	paragraph	
(a)	and	(b).	
	
	
“Service	in	relation	to	the	food	and	goods”	defined.	
4.	 For	the	purpose	of	these	Regulations,	“service	in	relation	t o	the	food	and	goods”	
includes	the	storage,	transportation	and	retail	of	such	food	an d	goods.	
	
	
	
			 
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 Offence	
5.	 Any	person	who	supplies	or	offers	to	supply	any	food,	goods	 or	service	in	relation	to	
the	food	or	goods	which	is	described	as	‘halal’	or	any	other	ex pression	which	is	not	in	
compliance	with	this	Order	shall	be	guilty	of	an	offence.	
		Offence	for	an	act	of	deceit	or	mislead	
6.	 (1)	 Any	 person	 who	 supplies	 or	 offers	 to	 supply	 any	 food	 thr ough	 any	
representation	or	an	act	which	i s	likely	to	deceive	or	mislead	 those	who	have	been	supplied	
or	offered	to	be	supplied	that	the	food	is	either	“halal”	or	ca n	be	consumed	by	Muslim	
commits	an	offence.			
	 (2)	 Save	in	accordance	of	the	interpretation	of	“representatio n	and	conduct”	as	
in	subparagraph	(1),	the	representation	or	conduct	includes	the 	usage	of	holy	words	of	Al‐
Quran	( ayat‐ayat	suci	Al‐Quran)	or	any	matter	or	object	in	relation	to	Islam	either	in	the	
premises	of	which	such 	food	is	sold	or	in	the	container	of	whic h	such	food	is	supplied;	
									 		
	 ( 3 ) 	 I n 	a n y 	p r o c e e d i n g 	f o r 	t h e 	o ffence	 under	 subparagraph	 (1),	 the	 onus	 in	
proving	 that	 the	 food	 which	 is	 b eing	 supplied	 or	 offered	 to	 be	 s u p p l i e d 	i s 	“ h a l a l ” 	i n 	
accordance	with	paragraph	(3)	sh all	lies	on	the	person	charged. 	
	
	
Penalty	
7.	 Any	person	who	is	guilty	of	an	offence	under	this	Order	shal l	on	conviction	be	
liable—	
(a) if	such	person	is	a	body	corporate,	to	a	fine	not	exceeding	fiv e	million	
ringgit	and	for	a	second	or	subsequent	offence	to	a	fine	not	ex ceeding	
ten	million	ringgit;	or	
(b) if	such	person	is	not	a	body	cor porate,	to	a	fine	not	exceeding 	one	
million	ringgit	or	to	imprisonment	for	a	term	not	exceeding	thr ee	
years	or	to	both	and	for	a	second	or	subsequent	offence	to	a	fi ne	not	 
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 exceeding	 five	 million	 ringgit	 or	 to	 imprisonment	 for	 a	 term	 no t	
exceeding	five	years	or	both.	
	
	
		Made	 	 	 	 2011	[KDPN(PUU)(PU2)26/5/5;	 	 	 	 ]			
	 						 DATO’	SERI	ISMAIL	SABRI	BIN	YAAKOB 	
	 Minister	of	Domestic 	Trade,		
	 Cooperative 	and	Consumerism