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Understanding The Compoundable Offences Under Food Hygiene Regulations 2009.

Introduction

In conjunction with governments’ efforts to maintain the interests of all related parties, particularly involving hygiene and proper food preparation, the Ministry of Health has outlined Food Hygiene Regulations (FHR) in 2009. It was established to protect consumers from food-borne diseases and to ensure consumers can enjoy the safe and quality food.

Food Hygiene Regulations 2009 (FHR) is a regulation enacted according to Section 34 of the Food Act 1983 and was gazetted by the government on February 28, 2009.

Scope

Two main matters that were introduced under this regulation are the registration of food premises by category and offenses which could be compounded. Specifically, there are four (4) categories of compulsory food premises registration and 33 types of compoundable offenses.

The four (4) categories of food premises that need to be registered can be identified on-line (online) through FoSIM system. The type and category of food premises are as below:

  1. Premises engaged in the manufacturing of food
  2. Premises involved in food catering and food delivering for mass-produced food
  3. Premises where food is prepared, processed, stored and made available for sale
  4. Readily made food sold by vehicles

Offences made either by the proprietor, owner, the occupier of food premises, food handlers, caterers, food vending machines operators, as well as a person who transports food using the vehicle shall be liable to a fine not exceeding RM10,000.00 or to imprisonment not exceeding 2 years or to both. Meanwhile, some of the offenses are related to food handlers’ routines, design and building and equipment used.

List of Compoundable Offences

The details of various offenses that could be compounded under the Food Hygiene Regulations 2009 are as follows:

Table Four: The compoundable offences under Regulation 58, Food Hygiene Regulations 2009 are as follow:

Regulation 3 – Failure to register food premises Regulation 7 – Failure to renew certificate of registration of food premises Regulation 8 – Failed to display the certificate of registration, notices, etc., in food premises Regulation 9 – Failure to provide food safety assurance program (factory food only) Regulation 10 – Failure to provide food traceability system Regulation 11 – Failure to comply with the requirements relating to general duties of proprietor, owner or occupier of food premises Regulation 30 – Failure to comply with the requirements relating to the training of food handlers Regulation 31 – Failure to comply with requirements relating to medical examination and health condition of food handler Regulation 32 – Failure to comply with the requirements relating to clothing of food handler Regulation 33 – Failure to comply with the requirements relating to personal hygiene of food handler Regulation 34 – Failure to comply with the requirements relating to duty to keep food premises clean Regulation 35- Failure to comply with the requirements relating to the handling of food, appliances, etc. Regulation 36- Failure to comply with the requirements relating to the preparation, packing and serving of food Regulation 37 – Failure to comply with the requirements relating to the storage, exposure and display of food for sale Regulation 38 – Failure to comply with the requirements relating to the storage of food Regulation 39 – Failure to comply with the special requirements relating to the preparation of meat Regulation 40 – Failure to comply with the special requirements relating to the carriage of meat Regulation 41 – Failure to comply with the special requirements relating to the sale of meat Regulation 42 – Failure to comply with the special requirements relating to the unloading and loading of fish Regulation 43 – Failure to comply with the special requirements relating to the handling of fresh fish Regulation 44 – Failure to comply with the special requirements relating to processed crustacean or mollusk Regulation 45 – Failure to comply with the special requirements relating to the storage of fish Regulation 46 – Failure to comply with the special requirements relating to the carriage of fish Regulation 47 – Failure to comply with the special requirements relating to sale of chilled and frozen fish Regulation 48 – Failure to comply with the special requirements relating to the preparation, package or sale of ice cream and frozen confection 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 Regulation 50 – Failure to comply with the special requirements relating to temperature of milk Regulation 51 – Failure to comply with the special requirements relating to sale of milk Regulation 52 – Failure to comply with the special requirements relating to the carriage, storage and delivery of ice Regulation 53 – Failure to comply with the special requirements relating to the installation food vending machine or water vending machines Regulation 54 – Failure to comply with the special requirements relating to the food vending machine Regulation 55 – Failure to comply with the special requirements relating to the water vending machine Regulation 56 – Failure to comply with the requirements relating to carriage of food

References

1. Food Hygiene Regulations 2009

Last Reviewed : 16 March 2017
Translator : Hasnudin bin Meran
Accreditor : Mohd Ridzuan bin Mohd Salleh