Tuesday 20 August 2013

FOOD ACT 1983 Food Hygiene Regulations 2009 ARRANGEMENT OF REGULATIONS


FOOD ACT 1983
Food Hygiene Regulations 2009
ARRANGEMENT OF REGULATIONS
Part I
PRELIMINARY
Regulation
1. Citation
2. Interpretation
Part II
REGISTRATION OF FOOD PREMISES
3. Food premises to be registered
4. Application for registration
5. Certificate of registration
6. Validity of certificate
7. Application for renewal of certificate
Part III
CONDUCT AND MAINTENANCE OF FOOD PREMISES
Chapter 1–Duty of proprietor, owner or occupier of food premises
8. Display of certificate of registration, notices, etc., in food premises
9. Food safety assurance programme
10. Food traceability system
11. General duties of proprietor, owner or occupier of food premises
P.U. (A) 95. 540
Chapter 2–General requirements for food premises
Regulation
12. Location
13. General design
14. Water supply
15. Cleanliness of food premises
16. Pest control in food premises
17. Disposal of refuse
Chapter 3–Specific requirements for food premises
18. Floor surfaces
19. Wall surfaces
20. Lighting
21. Ventilation
22. Ceiling
23. Door
24. Furniture, fittings and food contact surfaces
25. Food storage
26. Changing room
27. Wash-basin
28. Toilet room
29. Drainage facility
Part IV
FOOD HANDLER
Chapter 1–Training, medical examination and health condition,
clothing and personal hygiene of food handler
30. Food handler training
31. Medical examination and health condition of food handler
32. Clothing of food handler
33. Personal hygiene of food handler
34. Duty to keep food premises clean
541 P.U. (A) 95.
Chapter 2–Protection of food
Regulation
35. Handling of food, appliances, etc.
36. Preparing, packing and serving of food
37. Storage, exposure or display of food for sale
38. Storage of food
Part V
SPECIAL REQUIREMENTS IN HANDLING, PREPARING, PACKING, SERVING,
STORING AND SELLING OF SPECIFIC FOOD
Chapter 1–Meat
39. Preparation of meat
40. Carriage of meat
41. Sale of meat
Chapter 2–Fish
42. Unloading and landing of fish
43. Handling of fresh fish
44. Handling of processed crustacean or mollusc
45. Storage of fish
46. Carriage of fish
47. Sale of chilled and frozen fish
Chapter 3–Ice cream and frozen confection
48. Preparation, package or sale of ice cream or frozen confection
49. Conduct of person selling ice cream or frozen confection
Chapter 4–Milk
50. Temperature requirements
51. Sale of milk
P.U. (A) 95. 542
Chapter 5–Ice
Regulation
52. Carriage, storage and delivery of ice
Chapter 6–Vending machine
53. Installation of food vending machine or water vending machine
54. Food vending machine
55. Water vending machine
Part VI
CARRIAGE OF FOOD
56. Carriage of food
Part VII
MISCELLANEOUS
57. Preparing, etc., of food within food premises
58. Compoundable offences
59. Compounding of offences
60. Payment of compound
Schedule
543 P.U. (A) 95.
FOOD ACT 1983
Food Hygiene Regulations 2009
In exercise of the powers conferred by section 34 of the Food Act 1983
[Act 281], the Minister makes the following regulations:
Part I
PRELIMINARY
Citation
1. These regulations may be cited as the Food Hygiene Regulations
2009.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“potable water” means any water that complies with the standard prescribed
in the Food Regulations 1985 [P.U. (A) 437/1985];
“microbiological contaminant” includes viruses, bacteria, fungi and their
toxins but does not include microorganisms which are permitted to be added
into food under the Food Regulations 1985;
“sealed containers” includes all forms of hermetically sealed containers or
packages;
“clean” means a condition or such circumstances which shall not lead to,
or cause any contamination to food with filth or other objectionable matter
such as food residue, soil, dirt or grease;
“meat” means meat or meat product as specified in the Food Regulations
1985;
“fish” means fish and fish product as specified in the Food Regulations
1985;
“perishable food” means any food that is liable to perish or spoil
rapidly;
“high risk food” means all prepared or cooked foods which are capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms;
“water vending machine” means any self-service machine that upon insertion
of a coin, token or by any other means automatically dispenses unit volume
of water for drinking or other purposes involving a likelihood of the water
being consumed by human;
P.U. (A) 95. 544
“food vending machine” means any self-service machine that upon the
insertion of a coin, token or by any other means automatically dispenses unit
food or drink in units either in bulk or in packaged form;
“owner” means any person for the time being receiving a rent of any food
premises, whether on his own account or as agent or trustee or as receiver,
or who would receive the rent if the land or house comprised in the premises
is let to a tenant;
“food handler” includes any person who—
(a) is directly involve in the preparation of food;
(b) comes into contact with food or food contact surfaces; and
(c) handles packaged or unpackaged food, or appliances,
in any food premises;
“disposable appliances” means any utensil, instrument, apparatus or any
other article that is intended to be used once in the preparation, storage,
display, consumption or sale of any food;
“food contact surfaces” means surfaces of equipment which food normally
comes into contact;
“pest” means any animal capable of directly or indirectly contaminating
food;
“food premises” has the same meaning under the Act;
“food safety assurance programme” means a planned and documented system
of practice which provides assurance that any particular type of food will not
cause harm to a consumer when it is consumed;
“defective” means being in a condition to render it unsuitable for use, and
includes defect, broken, chipped, cracked, or rusty appliances;
“sanitary” means free from any condition or circumstances affecting health,
and includes such conditions or circumstances which may lead to, or cause
contamination of food with microbiological contaminants or toxic substances
which can render the food hazardous to health;
“milk” means milk or milk product as specified in the Food Regulations
1985;
“proprietor” means any person who owns or operates food business,
or if that person cannot be identified, a person in charge of the food
business.
545 P.U. (A) 95.
Part II
REGISTRATION OF FOOD PREMISES
Food premises to be registered
3. (1) No person shall use any food premises specified in the First Schedule
for the purposes of, or in connection with the preparation, preservation,
packaging, storage, conveyance, distribution or sale of any food or the
relabelling, reprocessing or reconditioning of any food except the premises
is registered under these Regulations.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
Application for registration
4. (1) An application for registration of food premises shall be made to the
Director in such form and manner and be accompanied with such information
and particulars, as the Director may specify.
(2) The Director may, orally or in writing at any time after receiving the
application, require the applicant to submit additional documents, information
or particular as he considers necessary for the purpose of the registration.
Certificate of registration
5. (1) The Director may, after considering an application under subregulation
4(1) and on being satisfied with the information and particulars submitted,
issue a certificate of registration for food premises as prescribed in the Second
Schedule.
(2) The fee for the certificate of registration issued under subregulation
(1) shall be thirty ringgit.
Validity of certificate
6. A certificate of registration for food premises shall be valid for a period
not exceeding three years from the date of its issuance.
Application for renewal of certificate
7. (1) An application for renewal of a certificate of registration for food
premises shall be made at least thirty days before its expiry date and such
application shall be made in accordance with regulation 4.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
P.U. (A) 95. 546
Part III
CONDUCT AND MAINTENANCE OF FOOD PREMISES
Chapter 1–Duty of proprietor, owner or occupier of food premises
Display of certificate of registration, notices, etc., in food premises
8. (1) A proprietor, owner or occupier of food premises shall—
(a) conspicuously display a certificate of registration of food premises in
the food premises;
(b) conspicuously display a notice in each toilet, changing room, other
changing facility or at wash-basins of the food premises reminding
food handler to wash their hands thoroughly before commencing
work, immediately after using the toilet and after handling raw food
or any contaminated material; and
(c) conspicuously display a notice, at the entrance of the food premises,
that disallows any person from bringing any animal into the food
premises.
(2) Any proprietor, owner or occupier of food premises who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
Food safety assurance programme
9. (1) A proprietor, owner or occupier of food premises specified in the Third
Schedule shall provide and make available a food safety assurance programme
in the food premises.
(2) Any proprietor, owner or occupier of food premises who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
Food traceability system
10. (1) A proprietor, owner or occupier of food premises shall provide a food
traceability system in the food premises which able to identify one step back
from where the food came and one step forward to where the food went at
any specified stage of a food chain from production to distribution.
(2) Any proprietor, owner or occupier of food premises who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
547 P.U. (A) 95.
General duties of proprietor, owner or occupier of food premises
11. (1) A proprietor, owner or occupier of food premises shall—
(a) ensure that his food premises complies with all requirements of
Chapters 2 and 3 of this Part;
(b) not employ or allow any food handler to work in his food premises
unless the food handler has undergone a food handlers training and
has been medically examined and vaccinated by a registered medical
practitioner as required under regulations 30 and 31 respectively;
(c) maintain and be made available for inspection a record of the training,
medical examination and vaccination certificate of every food handler
employed by him or working in his food premises; and
(d) maintain and be made available for inspection all records pertaining to
cleaning, packaging, processing, storing and distributing of food.
(2) Any proprietor, owner, occupier of food premises who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
Chapter 2–General requirements for food premises
Location
12. Food premises shall be located away from sources of contamination
including aeration ponds, septic tanks and waste disposal sites.
General design
13. Food premises shall be designed and constructed as such to facilitate
cleaning and disinfection.
Water supply
14. (1) There shall be ample supply of potable water and adequate facilities
for its storage and distribution, where necessary.
(2) The water supply shall be adequately protected against any
contamination.
Cleanliness of food premises
15. (1) Food premises shall be maintained at all times in a good, clean and
tidy condition.
P.U. (A) 95. 548
(2) Food premises shall be free from any accumulation of boxes, tin, empty
bottles, rubbish or any other article not connected with the business of the
food premises to prevent the entrance and harbourage of pest.
(3) The cleaning of food premises shall be carried out at least once daily
and includes the removal of food residues and dirt, whenever necessary.
(4) There shall be provided an adequate facilities for the cleaning, disinfecting
and storing of appliances used in food premises and such facilities shall be
constructed from corrosion resistant materials and easily cleaned and, where
necessary, have an adequate supply of hot and cold potable water.
(5) There shall be provided and made available at all times an adequate
supply of suitable cleaning agents, disinfectant and tools to enable regular
and proper cleaning of a food premises and all appliances used in the food
premises.
(6) Every cleaning agent and disinfectant used in the food premises shall
be adequately labeled and not to be stored in areas where food is stored or
handled.
(7) The Director or an officer authorized by him may, for the purposes
of maintaining the cleanliness of food premises, require any proprietor,
owner or occupier of food premises to make any structural alteration, repair,
renovation, plumbing or drainage work in the premises within such time as
may be specified by the Director or an officer authorized by him.
Pest control in food premises
16. (1) A proprietor, owner or occupier of food premises shall, at all times,
keep the food premises free from any pest.
(2) A proprietor, owner or occupier of food premises shall, on becoming
aware of the presence of any pest in the premises, forthwith take all practicable
measures to destroy the pest and to prevent reinfestation.
(3) A pest control treatment shall only be carried out by using a suitable
chemical, physical or biological agent and without posing a threat to the safety
of food.
Disposal of refuse
17. (1) All food waste, non edible by-products and other refuse shall be—
(a) removed from any room where food is present as soon as possible to
avoid their accumulation;
(b) deposited in closable containers or other types of containers of an
appropriate construction and kept in a good condition, easily cleaned
and where necessary, disinfected; and
(c) eliminated in a hygienic and environmentally friendly way in accordance
with the relevant law applicable to that effect, and is not to constitute
a direct or indirect source of contamination.
549 P.U. (A) 95.
(2) There shall be adequate provision for the storage and disposal of food
waste, non edible by-products and other refuse.
(3) All food waste, non edible by-products and other refuse stores shall
be designed and managed in such a way as to enable them to be kept clean
and, where necessary, free of animals and pests.
Chapter 3–Specific requirements for food premises
Floor surfaces
18. All floors in food premises shall be—
(a) maintained in a good condition, easily cleaned and where necessary,
disinfected;
(b) of impervious, non-absorbent, washable and non-toxic materials unless
the proprietor, owner or occupier of food premises can satisfy the
Director or an officer authorized by him that other materials used
are appropriate; and
(c) adequately drained.
Wall surfaces
19. (1) All walls in food premises shall be—
(a) maintained in a good condition, easily cleaned and where necessary,
disinfected; and
(b) of impervious, non-absorbent, washable and non toxic materials and
require a smooth surface up to a height appropriate for a food
process unless the proprietor, owner or occupier of food premises
can satisfy the Director or an officer authorized by him that other
materials used are appropriate.
(2) All angles between a wall and a floor in a food premises shall be
sealed and coved to facilitate cleaning, where necessary.
Lighting
20. Every food premises shall be provided with adequate natural or artificial
lighting which does not lead, or cause any contamination of food.
Ventilation
21. (1) A ventilation system in food premises shall be—
(a) suitable and sufficient which does not lead to, or cause any contamination
of food; and
(b) constructed to enable filters and other parts requiring cleaning or
replacement be readily accessible.
P.U. (A) 95. 550
(2) A mechanical airflow of a ventilation system shall not flow from a
contaminated area to a clean area.
Ceiling
22. All ceilings or where there is no ceiling, the interior surface of the roofs
and overhead fixtures of food premises shall be constructed and in finish form
which able to prevent the accumulation of dirt and shedding of particles and
to reduce condensation and growth of undesirable mould.
Door
23. All doors in food premises shall be—
(a) easily cleaned and where necessary, disinfected; and
(b) of smooth, non-absorbent surface and self closing.
Furniture, fittings and food contact surfaces
24. (1) All furniture, fittings and food contact surfaces used or to be used
for the preparation, serving, storage, conveyance or distribution of food in
any food premises shall be well maintained and kept clean at all times.
(2) All furniture, fittings and food contact surfaces used or to be used in
any processing area of food premises shall be of impervious material and
easily cleaned.
Food storage
25. (1) There shall be a suitable storeroom of adequate size for the storage
of food in all food premises.
(2) There shall be a different storeroom for the storage of raw food materials
and ingredients, and for the storage of processed food materials in all food
premises.
(3) All fittings or equipments used or to be used for storage of food in all
food premises shall—
(a) be made of suitable material;
(b) be designed and constructed to permit adequate cleaning and disinfection;
and
(c) have adequate space to enable proper storage of food.
551 P.U. (A) 95.
(4) Where any food needs to be stored in a chilled or frozen condition, the
storage facility for such food shall comply with the following requirements:
(a) a separate refrigerated storage for raw food materials and processed
food materials is sufficiently provided;
(b) the facility is defrosted whenever necessary to maintain refrigeration
efficiency;
(c) the inner layer of the facility is made of a smooth and non-toxic metal
or other impervious material, and of is light coloured and easily
cleaned;
(d) any device used to record temperature in the facility is accurate to a
plus or minus 1°C; and
(e) the air vent of the facility is sited away from excessive light, warm
air, oven or air-conditioning outlets.
(5) If the storage facility referred to in subregulation (4) is a cold room,
the doors to such facility shall be fitted with an air curtain or other effective
means to avoid loss of cold air or any sudden rise in temperature.
Changing room
26. There shall be provided a changing room, where necessary, for the use
of a food handler in food premises.
Wash-basin
27. (1) There shall be provided an adequate number of wash-basin suitably
located and designated for washing hand.
(2) The wash-basin shall, at all times, be—
(a) supplied with adequate running water;
(b) supplied with soap or suitable liquid detergent in a dispenser;
(c) supplied with paper towel or automatic hand dryer;
(d) kept clean and maintained in a good condition; and
(e) equipped with non-hand operated taps for the use of food handler.
(3) There shall be different wash-basin for washing hand and washing food
in food premises.
Toilet room
28. (1) There shall be provided an adequate number of toilet room in food
premises.
P.U. (A) 95. 552
(2) The toilet room shall—
(a) be provided with running water, toilet paper, soap or suitable liquid
detergent in a dispenser, hand drying facility or clean roller towels
or paper towels at all times;
(b) be kept clean and free from malodour at all times; and
(c) not directly open to any room or compartment used for the storage,
production and serving of food.
Drainage facility
29. (1) A drainage facility in food premises shall be adequate, designed and
constructed to avoid any risk of contamination to food.
(2) A drainage facility in a kitchen or food preparation areas of food
premises shall be made of smooth type material, fitted with food trap and
connected to the main outlet drain of the food premises.
(3) The drainage channels in food premises shall be fully or partially
open and appropriately designed to ensure that waste does not flow from a
contaminated area towards or into a clean area.
Part IV
FOOD HANDLER
Chapter 1–Training, medical examination and health condition,
clothing and personal hygiene of food handler
Food handler training
30. (1) All food handlers shall undergo a food handlers training in, and obtain
a Certificate of Food Handlers Training from, an institution specified by the
Director.
(2) The Minister may, if he thinks necessary, require any food handler to
attend any additional food handlers training in any institution specified by
the Director.
(3) Any food handler who works in any food premises fails to undergo a
training or obtain a certificate referred to in subregulation (1) or fails to attend
any additional training referred to in subregulation (2) commits an offence and
shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or
to imprisonment for a term not exceeding two years.
Medical examination and health condition of food handler
31. (1) A food handler shall be medically examined and vaccinated by a
registered medical practitioner.
553 P.U. (A) 95.
(2) Any food handler who suffers from, or is a carrier of food-borne
diseases or suspected to be suffering from, or to be a carrier of food-borne
diseases shall—
(a) not be allowed to enter food premises or handle food;
(b) immediately report to the management of food premises pertaining to
his health condition; and
(c) be suspended from working in food premises until he is certified
cured from the disease and medically fit to work by a registered
medical practitioner before he is allowed to enter the food premises
or handle food.
(3) Any food handler who fails to comply with subregulation (1) or (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Clothing of food handler
32. (1) A food handler shall wear—
(a) a clean, suitable and proper clothing which shall not contribute to
any contamination of food; and
(b) a clean, suitable and light-coloured outer overall or a light-coloured
apron, head cover and footwear, or any other clothing which is
suitable to the opinion of the Director or an officer authorized by
him.
(2) The clothing specified in paragraph (1)(b) shall not be worn other than
in food premises and shall be kept in a suitable cupboard or locker when not
in use.
(3) Any food handler who fails to comply with subregulation (1) or (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding
one thousand ringgit.
Personal hygiene of food handler
33. (1) A food handler while handling, preparing, packing, carrying, storaging,
displaying and serving of food shall—
(a) maintain a high degree of personal cleanliness which includes the
keeping of short and clean fingernails;
(b) remove his overall or head cover or apron before visiting toilet;
(c) wash his hands before commencing work, immediately after using the
toilet and after handling raw food or any contaminated material;
(d) not engage in any behaviour or action that could result in contamination
of food;
(e) not place any articles in the pocket of any garment or apron which
may contribute to any contamination of food; and
(f) not wear jewelleries, watches, pins or other accessories.
P.U. (A) 95. 554
(2) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Duty to keep food premises clean
34. (1) A food handler shall ensure that food premises where the food is
handled are kept clean and free from rubbish, pest, dirt or soot, sweepings,
ashes, wastes and cobwebs at all time.
(2) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Chapter 2–Protection of food
Handling of food, appliances, etc.
35. (1) A food handler shall handle food and use food appliances and food
containers in accordance with to the following requirements:
(a) food shall not be brought into direct contact with any material or
substance that may contaminate the food;
(b) all appliances and containers used in food premises are to be maintained
in a good condition, easily cleaned and, where necessary disinfected
at all times;
(c) all appliances and containers do not yield up or impart any taint,
foreign, poisonous or injurious substances to its contents;
(d) all appliances and containers are installed in such a manner as to
allow adequate cleaning of appliances and containers the equipment
and the surrounding area;
(e) all part of the appliances and containers that comes into direct
contact with any moist food or high risk food for sale is smooth,
of impervious surface and is not defective;
(f) all appliances and containers that have been used for raw food shall
be cleaned and rendered sanitary before they are to be used for
cooked food;
(g) a different cutting board shall be used for raw and cooked food;
(h) a cutting board used in the preparation of food is not defective and
can be readily and easily removed for cleaning;
(i) a disinfectant, detergent, cleaning compound and abrasive for cleaning
is thoroughly rinsed-off from food contact surfaces;
(j) ice used in direct contact with food or food contact surfaces shall be
made from potable water and be manufactured, handled, stored and
carried in such a manner to protect it from any contamination;
555 P.U. (A) 95.
(k) steam used in direct contact with food or food contact surfaces shall
contain no substances which may be hazardous to health or may
contaminate the food; and
(l) the sweeping of a floor, cleaning of a wall or dusting of a ceiling
shall not carried out while the food is being handled.
(2) A food handler shall cause all defective appliances to be discarded and
removed from food premises.
(3) A food handler shall not keep, carry, spread or use any toxic substance
that may expose any food for sale to the risk of contamination.
(4) A food handler shall ensure that chemical additives used in preventing
corrosion of equipment and containers are used in accordance with good
practice.
(5) A food handler shall not refreeze any food intended to be sold by retail
in a frozen condition after thawing such food.
(6) Any food handler who fails to comply with subregulation (1), (2), (3),
(4) or (5) commits an offence and shall, on conviction, be liable to a fine not
exceeding ten thousand ringgit or to imprisonment for a term not exceeding
two years.
Preparing, packing and serving of food
36. (1) A food handler who prepares, packs or serves food for sale shall—
(a) ensure the preparation, packing or serving of food is free from any
contamination;
(b) ensure food packages provide adequate protection for food products to
minimize contamination and prevent damage to the food products;
(c) ensure food packaging materials are non-toxic and of sufficient strength
to resist tearing and puncturing;
(d) ensure food packaging materials do not affect safety and suitability
of food under the specified conditions of storage and use;
(e) not use his bare hands to handle any unwrapped food;
(f) take all reasonable steps to prevent customers from using their bare
hands to handle any unwrapped food;
(g) not use his breath to open any bag or wrapper intended for use in
such preparation, packing and serving;
(h) wipe his hands with clean towel or any other clean and suitable
material;
(i) avoid the placing, carrying or storing any unwrapped food in such a
manner that a plate, dish or container comes into contact with the
food in other plate, dish or container;
P.U. (A) 95. 556
(j) not use any raw material or ingredient that may be contaminated
with parasites, pathogenic microorganisms, toxic, or decomposed or
foreign substances which may cause the finished food product unfit
for human consumption;
(k) not keep any raw material, ingredient, intermediate food product or
finished food product at temperatures that is likely to support the
reproduction of pathogenic microorganisms or the formation of
toxins;
(l) not interrupt the cold chain of food, but limited period outside temperature
control that does not result in a risk to health is permitted;
(m) ensure that a food warmer maintains a temperature of food above
60ºC, where the food is to be served hot;
(n) ensure that any food which is to be served chilled is cooled—
(i) as soon as possible if a heat process is applied; or
(ii) to a temperature which does not result in a risk to health, if no
heat process is applied at the final preparation stage; and
(o) relating to the thawing process of any food,—
(i) minimize the risk of growth of pathogenic microorganisms or
the formation of toxins in the foods;
(ii) subject the food to such temperatures that may not result in
risk to health; and
(iii) drain the run-off liquid resulting from the thawing process
adequately.
(2) A food handler who prepares, packs or serves food from swine origin
(sus scrofa) shall not at the same time prepare, package or serve food from
non swine origin.
(3) A food handler shall use different appliances for the preparation, packing
or serving food of swine origin (sus scrofa) and food of non swine origin.
(4) Any food handler who fails to comply with subregulation (1), (2)
or (3) commits an offence and shall, on conviction, be liable to a fine not
exceeding ten thousand ringgit or to imprisonment for a term not exceeding
two years.
Storage, exposure or display of food for sale
37. (1) A food handler shall not store, expose or display for sale any food ready
for human consumption in any food premises unless the food is adequately
protected from—
(a) contamination by any person who comes into contact with the food;
or
(b) other sources of contamination,
by means of an effective and by using easily cleaned cabinet, display case,
container, cover or other protective equipment, system or device.
557 P.U. (A) 95.
(2) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Storage of food
38. (1) A food handler shall store food in accordance with the following
requirements:
(a) food is stored in a suitable storerooms, large enough for the separate
storage of raw food materials from processed food products and
sufficient separate refrigerated storage;
(b) food is not stored in a same storage facility with cleaning agent and
disinfectant;
(c) food is kept clean, free from contamination, foul odours, protected
from damp, dust or pests and prevented from being in contact
with raw material or any other article which may contribute to any
contamination of food;
(d) food is placed or stacked with a minimum space of—
(i) 15 centimeters between the wall of a storage facility and the
food stored; and
(ii) 20 centimeters above the floor;
(e) food of swine origin (sus scrofa) is not stored together with food of
non swine origin in the same storage facility;
(f) high risk food is kept in enclosed containers and stored separately
from food that is not sealed or wrapped;
(g) perishable food or high risk food is stored at an appropriate temperature
that will protect it against deterioration and spoilage;
(h) raw materials or ingredients for food preparation is labeled and stored
in appropriate conditions to prevent harmful deterioration and protect
it from any contamination; and
(i) the stock of food is rotated regularly on a “first in first out” basis.
(2) A food handler shall not store chilled or frozen food exceeding the
maximum capacity of a storage facility.
(3) A food handler shall store food intended to be sold by retail in—
(a) a chilled condition for a continuous period between temperature of
minus 1°C to 10°C; or
(b) a frozen condition for a continuous period between temperature of
minus 18°C,
in a storage facility.
P.U. (A) 95. 558
(4) A food handler shall ensure that a cold chain of a chilled or frozen
food is not interrupted during storage of such food, but limited period outside
temperature control that does not result in a risk to health is permitted.
(5) Any food handler who fails to comply with subregulation (1), (2), (3)
or (4) commits an offence and shall, on conviction, be liable to a fine not
exceeding ten thousand ringgit or to imprisonment for a term not exceeding
two years.
Part V
SPECIAL REQUIREMENTS IN HANDLING, PREPARING, PACKING, SERVING,
STORING AND SELLING OF SPECIFIC FOOD
Chapter 1–Meat
Preparation of meat
39. (1) A food handler shall prepare meat in food premises in accordance
with the following requirements:
(a) the area used for the preparation of meat is cleaned and disinfected
before and after the preparation on each working day and maintained
at all times in a clean condition;
(b) the area or equipment for cutting, deboning or further preparing fresh
meat is reserved for those purposes only and such area is maintained
at a temperature below 15ºC and appropriate humidity during such
preparation; and
(c) a frozen meat is stored in a room or container at a temperature below
minus 18ºC and as required under subregulation 38(3).
(2) All appliances used in the course of meat processing shall be constructed
of smooth and easily cleaned material that can resist corrosion and cleaned
before and after its use.
(3) Any food handler who fails to comply with subregulation (1) or (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Carriage of meat
40. (1) A person who carries fresh meat shall ensure that the carcasses or any
portion of the carcasses is carried as a hanging load or on racks to prevent
or protect it from any contamination.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
559 P.U. (A) 95.
Sale of meat
41. (1) A person who sells meat shall ensure that—
(a) all chilled meat is stored at a temperature between minus 1°C to 10°C;
and
(b) all meat on display or exposed for retail sale is kept in a refrigeration
unit or an effectively insulated facility maintained at or below a
temperature of 10°C.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
Chapter 2–Fish
Unloading and landing of fish
42. (1) A proprietor, owner or occupier of food premises where the unloading
and landing of fish is conducted shall—
(a) ensure that the unloading and landing equipment that comes into
contact with fish is constructed of material that is easily cleaned
and disinfected and maintained in a good condition;
(b) avoid contamination of fish by—
(i) carrying out the unloading and landing operations rapidly;
(ii) placing the fish without delay in a protected environment at
the temperature specified in subregulation 38(3); and
(iii) not using equipment and practices that may cause unnecessary
damage to the edible parts of the fish;
(c) ensure the area where the unloading and landing of fish is conducted
in his food premises is not used for other purposes;
(d) ensure that any vehicles emitting exhaust fumes that is likely to impair
the quality of fish is not allowed to drive through or enter his food
premises; and
(e) ensure that animal is not allowed to enter the food premises.
(2) Any proprietor, owner or occupier of food premises who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
P.U. (A) 95. 560
Handling of fresh fish
43. (1) A food handler who handles fresh fish shall comply with the following
requirements:
(a) where chilled or unpackaged fresh fish is not distributed, dispatched,
prepared or processed immediately after landing, such fish is—
(i) stored under ice in appropriate facilities; and
(ii) re-icing as often as necessary;
(b) packaged fresh fish is chilled to a temperature approaching that of
melting ice.
(c) the heading and gutting of fresh fish is carried out hygienically;
(d) the gutting of fresh fish is carried out as soon as possible after the fish
is caught or landed and washed thoroughly with potable water;
(e) if gutting of fresh fish is carried out on board of a vessel, clean water
is used for washing;
(f) the filleting and cutting of fresh fish is carried out in such a manner
to avoid contamination or spoilage to such fish;
(g) the fillets and slices of fresh fish is not to remain on work tables
beyond the time necessary for their preparation;
(h) the fillets and slices of fresh fish is wrapped and where necessary,
packaged and chilled as soon as possible after its preparation; and
(i) melt water from ice in a container used for the carriage or storage of
unpackaged fresh fish is not remain in contact with the fish.
(2) For the purpose of regulation (1)—
“clean water” means clean seawater or fresh water of a similar quality;
“clean seawater” means natural, artificial or purified seawater or brackish
water that does not contain microorganisms, harmful substances or toxic
marine plankton in quantities capable of directly or indirectly affecting the
health quality of food.
(3) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Handling of processed crustacean or mollusc
44. (1) A food handler shall handle processed crustacean or mollusc in
accordance with the following requirements:
(a) rapid cooling of the crustacean or mollusc is carried out after cooking
and water used for this purpose is potable water or if no other
method of preservation is used, the cooling process is continued
until a temperature approaching of melting ice is reached;
561 P.U. (A) 95.
(b) the shelling or shucking of the cooked crustacean or mollusc is
hygienically carried out to avoid contamination of such product;
and
(c) the cooked crustacean or mollusc is frozen immediately, or is chilled
as soon as possible to the temperature as specified in subregulation
38(3) after shelling or shucking.
(2) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Storage of fish
45. (1) A food handler shall store fish in accordance with the following
requirements:
(a) a fresh fish, thawed unprocessed fish, and processed crustacean or
mollusc is maintained at a temperature approaching of melting
ice;
(b) a frozen fish is kept at a temperature below minus 18ºC in all parts
of the product;
(c) a frozen fish in brine that is intended to be processed as canned food
is kept at a temperature below minus 9ºC; and
(d) a live fish is kept at a temperature and in a manner that does not
adversely affect food safety or its viability.
(2) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Carriage of fish
46. (1) A person who carries fish shall comply with the following
requirements:
(a) fresh fish, thawed unprocessed fish and processed crustacean or mollusc
is maintained at a temperature approaching of melting ice;
(b) frozen fish is kept at a temperature below minus 18ºC in all parts of
the product; and
(c) frozen fish in brine that is intended to be processed as canned food
is kept at a temperature below minus 9ºC.
(2) Melt water from ice in containers used for the carriage or storage of
fish is not in contact with the fish.
(3) Live fish to be sold in a market shall be carried in such a manner that
does not adversely affect food safety or its viability.
P.U. (A) 95. 562
(4) Any person who fails to comply with subregulation (1), (2) or (3) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Sale of chilled and frozen fish
47. (1) A person who sells chilled and frozen fish shall ensure that—
(a) all chilled fish stored, displayed or exposed for sale are kept at a
temperature between minus 1°C to 10°C; and
(b) all frozen fish stored, displayed or exposed for sale are kept at a
temperature below minus 18°C.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
Chapter 3–Ice cream and frozen confection
Preparation, package or sale of ice cream or frozen confection
48. (1) A food handler shall, during the preparation, package or sale of any
ice cream or frozen confection, ensure that—
(a) an open surface freezer is placed in a dust proof room; and
(b) a freezer is provided with a tightly fitting shield that is capable of
protecting the surface of the cooler from any contamination.
(2) Any food handler who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Conduct of person selling ice cream or frozen confection
49. (1) A person who engages in the sale of ice cream or frozen confection
shall—
(a) sell the ice cream or frozen confection that has not melted or refrozen;
and
(b) prepare, store or display the ice cream or frozen confection at a
temperature below minus 18°C.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
563 P.U. (A) 95.
Chapter 4–Milk
Temperature requirements
50. (1) A food handler who processes milk shall, upon acceptance of milk,
ensure that the milk is cooled as soon as possible to a temperature not more
than 6ºC and kept at that temperature until the milk is processed.
(2) Notwithstanding subregulation (1), a food handler may keep the milk
at a higher temperature if—
(a) the processing of the milk begins immediately after milking, or within
four hours after its acceptance; or
(b) the food handler can satisfy the Director or an officer authorized by
him that a higher temperature is required for technological reasons
concerning the processing of certain milk products.
(3) Any food handler who fails to comply with subregulation (1) or (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Sale of milk
51. (1) Any person who sells raw milk shall store the milk at a temperature
below 4ºC in a refrigeration unit or insulation or other suitable compartment,
where necessary, where there is no other food capable of contaminating the
milk.
(2) Any person who sells milk in a sealed package shall comply with the
following requirements:
(a) the seal is not tampered with before sale; and
(b) the milk is sold in its original form, container and quantity in which
it was received on the food premises from which it is sold.
(3) Any person who fails to comply with subregulation (1) or (2) commits
an offence and shall, on conviction, be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding two years.
Chapter 5–Ice
Carriage, storage and delivery of ice
52. (1) Any person who sells ice shall—
(a) carry the ice in a vehicle which able to protect the ice from any
contamination;
(b) carry and store the ice in a clean insulating material;
P.U. (A) 95. 564
(c) not deliver the ice on roadway, footpath, platform, floor or similar
surface open to traffic;
(d) carry, store and deliver the ice in an enclosed clean containers or
properly covered to prevent any contamination; and
(e) ensure that the equipment and other facilities used for the carriage,
storage and delivery of ice are maintained in a clean condition to
prevent any contamination.
(2) Any person who fails to comply with subregulation (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding ten thousand
ringgit or to imprisonment for a term not exceeding two years.
Chapter 6–Vending machine
Installation of food vending machine or water vending machine
53. (1) An owner or operator of a food vending machine or water vending
machine shall, before installing such machine at any place, comply with the
following requirements:
(a) his name and registered address is labeled on the food vending machine
or water vending machine;
(b) the food vending machine or water vending machine is located in
a suitable area to protect the product in the machine from any
contamination;
(c) the food vending machine or water vending machine is rendered clean
and sanitary;
(d) the space around and under the food vending machine or water
vending is accessible for cleaning and provides no harbouring of
pests; and
(e) the floor where the food vending machine or water vending is intended
to be installed, is constructed of smooth impervious material which
is easily cleaned and able to withstand repeated washing and
scrubbing.
(2) Any owner or operator of a food vending machine or water vending
machine who fails to comply with subregulation (1) commits an offence and
shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or
to imprisonment for a term not exceeding two years.
Food vending machine
54. (1) An owner or operator of a food vending machine shall comply with
the following requirements:
(a) the food vending machine is kept in a good working order and
condition;
(b) the food vending machine is kept in a clean and sanitary condition
and free from pest;
565 P.U. (A) 95.
(c) the food vending machine is used exclusively for the sale of food;
(d) the surrounding area where the food vending machine is located is
kept clean, tidy and free from pest;
(e) a waste containers is—
(i) sufficiently provided near the food vending machine;
(ii) of self-closing type, portable and leak proof;
(iii) appropriately labeled; and
(iv) emptied when full or at least once daily and to be washed and
cleaned once emptied;
(f) a suitable racks or cases are sufficiently provided near the food vending
machine for the reusable containers or bottles;
(g) all food or disposable appliances or items to be used in the food
vending machine during delivery and while in storage before use
are protected at all times from dust, pests and any other type of
contamination;
(h) the food vending machine that dispenses perishable food is equipped
with a temperature control device to ensure that the food is maintained
at an appropriate temperature;
(i) all perishable food is dispensed in the original container or package
as prepared or packed by the manufacturer or alternatively dispensed
in disposable appliances;
(j) all milk or fluid milk product is dispensed in individual original
containers;
(k) all reusable containers and parts of the food vending machine that
come into direct contact with food are removed from such machine
and are thoroughly cleaned daily;
(l) the nozzle of the food vending machine where food is dispensed, if
applicable, is protected at all times from dust, pests or other type
of contamination; and
(m) a microwave oven that is used with the food vending machine—
(i) has it cavities and door edges cleaned at least once daily with
non-abrasive cleaner; and
(ii) is kept free of encrusted grease deposits and other contamination.
(2) Any owner or operator of a food vending-machine who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
Water vending machine
55. (1) An owner or operator of a water vending machine shall comply with
the following requirements:
(a) the water vending machine is designed and constructed to permit easy
cleaning and maintenance of all exterior and interior surface;
P.U. (A) 95. 566
(b) all parts and surfaces of the water vending machine which come into
contact with water is constructed of approved, corrosive-resistant and
non-absorbent material capable of withstanding repeated cleaning
and sanitizing treatment;
(c) the water vending machine has a recessed or guarded corrosion-resistant
dispensing spout;
(d) the water vending machine is designed in such a manner so that all
treatment of the vended water by distillation, ion exchange, filtration,
ultraviolet light, reverse osmosis, mineral addition, or any other
acceptable process is done in an effective manner;
(e) the water vending machine has an effective system of handling drip,
spillage and overflow of water;
(f) the water vending machine has a backflow prevention device for all
connections with the water supply;
(g) the water vending machine dispenses water that is disinfected by
ozonisation or other method approved by the Director;
(h) the water vending machine is equipped with monitoring devices
designed to shutdown operation of the machine when disinfection
unit fails to function, or is monitored daily at start-up and manually
shut-down whenever the unit fails to function;
(i) the water vending machine is equipped with self-closing, tight-fitting
door on the dispense compartment or enclosing the dispense spout
to protect the vending spout when the water vending machine is not
in use;
(j) the water vending machine is maintained in a clean and sanitary
condition, free from dirt and pest; and
(k) the water vending machine uses approved public water supply.
(2) Any owner or operator of a water vending machine who fails to comply
with subregulation (1) commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit or to imprisonment for a term
not exceeding two years.
Part VI
CARRIAGE OF FOOD
Carriage of food
56. (1) A person who carries food shall ensure that a vehicle used in the
course of carriage of food—
(a) is clean and in a good working condition;
(b) where necessary, effectively permit the separation of food from non-food
items during carriage to prevent any risk of contamination;
567 P.U. (A) 95.
(c) is not used for carrying hazardous, toxic or poisonous item; and
(d) is able to maintain the temperature required under these regulations,
humidity and other conditions for the protection of the food from
any harmful or undesirable microbial growth and deterioration that
is likely to render the food unsuitable for human consumption.
(2) A person who intends to use any vehicle to carry food shall ensure
that the vehicle is cleaned or disinfected after being used to carry different
foods or non-food items.
(3) A person who uses any vehicle to carry food of swine origin (sus scrofa)
shall not use the same vehicle to carry any food of non-swine origin.
(4) A person who uses any vehicle to carry chilled or frozen food shall
ensure that the vehicle complies with the following requirements:
(a) the temperature of a refrigerated storage space of the vehicle is between
minus 1ºC to 10ºC for chilled food and minus 18ºC for frozen food;
and
(b) the refrigerated storage space of the vehicle is—
(i) constructed of an impervious material; and
(ii) fixed with a mechanical cooling equipment that is located to
permit adequate access to all parts of the equipment for easy
cleaning.
(5) A person who carries chilled or frozen foods shall ensure that the cold
chain of the food is not interrupted, but limited period outside temperature
control that does not result in a risk to health is permitted.
(6) Any person who fails to comply with subregulation (1), (2), (3), (4)
or (5) commits an offence and shall, on conviction, be liable to a fine not
exceeding ten thousand ringgit or to imprisonment for a term not exceeding
two years.
Part VII
MISCELLANEOUS
Preparing, etc., of food within food premises
57. (1) Two or more rooms or places within the same compound of food
premises are not deemed to be separate food premises even though the
preparing, packaging, storing, handling or selling of any particular food is
carried out in the separate rooms or places of the food premises.
P.U. (A) 95. 568
(2) Notwithstanding subregulation (1), if two or more rooms or places
within the same compound of food premises are used solely for the selling
of food but under the same management, such rooms or places are deemed
to be separate food premises.
Compoundable offences
58. The offences specified in the Forth Schedule are prescribed as compoundable
offences.
Compounding of offences
59. (1) An offer to compound shall be made in a form specified in the Fifth
Schedule.
(2) A person who accepts an offer to compound an offence shall furnish
payment for the compound in a form specified in the Sixth Schedule.
Payment of compound
60. (1) If an offer to compound an offence is made and accepted by the
person to whom the offer is made, he shall make payment by cash, money
order, postal order or bank draft to District Medical Officer of Health.
(2) The payment shall be delivered personally or sent by prepaid post to
the address specified in the Notice of Offer to Compound Offences.
(3) An official receipt shall be issued for every payment received under
subregulation (1) to the person to whom the offer to compound is made.
First Schedule
[Regulation 3]
FOOD PREMISES
1. All food premises involved in manufacturing of food.
2. All food premises involved in catering or mass catering of food.
3. All premises where food is prepared, processed, stored or served for sale.
4. All vehicles from which ready-to-eat food is sold.
569 P.U. (A) 95.
Second Schedule
[Subregulation 5(1)]
FOOD ACT 1983
Food Hygiene Regulations 2009
CERTIFICATE OF REGISTRATION FOR FOOD PREMISES
Registration No.: _______________________________
Certificate of registration is hereby granted to
________________________________________________________________
I/C No.: ______________________________________________.carrying on business under the
name of_________________________________________________________________________
at permanent address _____________________________________________________________
________________________________________________________________
Nature of business: _______________________________________________________________
Place of business: ________________________________________________________________
This certificate of registration expires three years from the date of its issuance.
Fee paid: RM 30.00
___________________________________ Date: __________________________________
Director or Officer Authorized by Director
Ministry of Health Malaysia
Note: This Certificate of Registration For Food Premises is not transferable.
Third Schedule
[Subregulation 9(1)]
FOOD PREMISES REQUIRING FOOD SAFETY ASSURANCE PROGRAMME
All food premises involved in the manufacturing of food.
P.U. (A) 95. 570
Forth Schedule
[Regulation 58]
COMPOUNDABLE OFFENCES
1. Regulation 3 Failure to register food premises
2. Regulation 7 Failure to renew certificate of registration of food premises
3. Regulation 8 Failure to display certificate of registration, notices, etc., in food
premises
4. Regulation 9 Failure to provide food safety assurance programme
5. Regulation 10 Failure to provide food traceability system
6. Regulation 11 Failure to comply with the requirements relating to general duties
of proprietor, owner or occupier of food premises
7. Regulation 31 Failure to comply with requirements relating to medical examination
and health condition of food handler
8. Regulation 32 Failure to comply with the requirements relating to clothing of
food handler
9. Regulation 33 Failure to comply with the requirements relating to personal hygiene
of food handler
10. Regulation 34 Failure to comply with the requirements relating to duty to keep
food premises clean
11. Regulation 35 Failure to comply with the requirements relating to the handling
of food, appliances, etc.
12. Regulation 36 Failure to comply with the requirements relating to the preparation,
packaging and serving of food
13. Regulation 37 Failure to comply with the requirements relating to the storage,
exposure and display of food for sale
14. Regulation 38 Failure to comply with the requirements relating to the storage of
food
15. Regulation 39 Failure to comply with the special requirements relating to the
preparation of meat
16. Regulation 40 Failure to comply with the special requirements relating to the
carriage of meat
17. Regulation 41 Failure to comply with the special requirements relating to the
sale of meat
18. Regulation 42 Failure to comply with the special requirements relating to the
unloading and loading of fish
19. Regulation 43 Failure to comply with the special requirements relating to the
handling of fresh fish
20. Regulation 44 Failure to comply with the special requirements relating to processed
crustacean or mollusc
571 P.U. (A) 95.
21. Regulation 45 Failure to comply with the special requirements relating to the
storage of fish
22. Regulation 46 Failure to comply with the special requirements relating to the
carriage of fish
23. Regulation 47 Failure to comply with the special requirements relating to sale
of chilled and frozen fish
24. Regulation 48 Failure to comply with the special requirements relating to the
preparation, package or sale of ice cream and frozen confection
25. Regulation 49 Failure to comply with the special requirements relating to the
conduct of person engaging in the selling of ice cream and frozen
confection
26. Regulation 50 Failure to comply with the special requirements relating to
temperature of milk
27. Regulation 51 Failure to comply with the special requirements relating to sale
of milk
28. Regulation 52 Failure to comply with the special requirements relating to the
carriage, storage and delivery of ice
29. Regulation 53 Failure to comply with the special requirements relating to the
installation of food vending machine or water vending machine
30. Regulation 54 Failure to comply with the special requirements relating to the
food vending machine
31. Regulation 55 Failure to comply with the special requirements relating to the
water vending machine
32. Regulation 56 Failure to comply with the requirements relating to carriage of
food
Fifth Schedule
[Subregulation 59(1)]
FOOD ACT 1983
Food Hygiene Regulations 2009
NOTICE OF OFFER TO COMPOUND OFFENCES
When reply please quote:
Office: .......................................................... Place: .................................................................
Reference No.: …………………………….... Date: ..................................................................
P.U. (A) 95. 572
To:
......................................................................
......................................................................
......................................................................
Sir/Madam,
I have received a complaint against you ………….………………………………….alleging the
(*state name)
commission of the following offence under regulation …………………………of the Food Hygiene
Regulations 2009.
Date:.............................................................. Time: ......................................................................
Place:..............................................................................................................................................
Particulars of Offence*: .................................................................................................................
2. You are informed that by virtue of the power conferred on me by section 33 of
the Food Act 1983, I am hereby offer to compound the offence for the sum of Ringgit
Malaysia…………………………………………………………………(RM ……...).
3. If this offer is accepted, payment shall be made by cash/money order/postal order/bank draft
made payable to District Medical Officer of Health and may be delivered personally or sent by
prepaid post to the following address:
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
4. An official receipt shall be issued on receipt of the payment.
5. This offer to compound remains in force until……………….…. and if no reply is receive
on or before that date, prosecution proceedings will be instituted against you ............................
(*state name)
without further notice.
Date .........................................................
........................................................
Director or Officer Authorized by Director
Note:
* Give details
+ Delete where inapplicable
573 P.U. (A) 95.
Sixth Schedule
[Subregulation 59(2)]
FOOD ACT 1983
Food Hygiene Regulations 2009
ACCEPTANCE OF OFFER TO COMPOUND OFFENCES
Reference No.: ……………..
To:
................................................................
................................................................
................................................................
I refer to the Notice of Offer to Compound Offences bearing the Reference Number..................
and dated ....................................................
2. I accept the offer to compound and enclosed herewith ………...…………………………….
for the sum of Ringgit Malaysia.....................(RM .................) as full settlement of the sum
stipulated in paragraph 2 of the Notice of Offer to Compound Offences.
Signature : ................................................................
Name (in capital letter) : ................................................................
Identity Card Number : ................................................................
Address : ................................................................
.................................................................
.................................................................
Date : ................................................................
* delete whichever is inapplicable
Made 26 February 2009
[KKM-163/S/48; PN(PU2)418/XII]
Dato’ Sri Liow Tiong Lai
Minister of Health


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