MISREPRESENTATION AND BREACH OF FOOD STANDARDS: NAM LEONG DEPARTMENT STORE (MIRI) SDN BHD V PUBLIC PROSECUTOR [2013] 2 MLJ 302

Abstract

This case study provides comprehensive academic and practical insight into the High Court appeal NAM LEONG DEPARTMENT STORE (MIRI) SDN BHD V PUBLIC PROSECUTOR [2013] 2 MLJ 302 and the implications on food law, consumer protection law, supply chain compliance, and the new era of Halal forensic science. The appellant was charged under section 13B(1) read together with Section 13B(2)(e) of the Food Act 1983 and Regulation 285(3) of the Food Regulations 1985 for supply of fine salt that lack iodine levels (13.7 mg/kg as opposed to the legal average of 20-30 mg/kg). This study examines on how Malaysian law implementing by protecting the honesty and a strong moral principle of Halalan Toyyiban products. The discussion describes any companies cannot refer only on Halal certificatiom or agreement from their suppliers. They need to ensure that every steps are complying to halal standards and considering it with Malaysian law and Islamic values which demand transaprency and honesty. Importantly, the study also reveals that Halal forensic techniques such as Polymerase Chain Reaction (PCR), chromatography and mass spectrometry help to identify fraud, contamination and non-halal ingredients. These techniques help to protect the supply chain as well as ensuring halal products stay safe and reliable.