SEIZURE OF PACKAGED TEA DUST AND ADMISSIBILITY OF ANALYST’S CERTIFICATE UNDER THE FOOD ACT 1983: A CASE REVIEW LOO SWEE POO & ORS V DATUK BANDAR & ORS [1991]

الملخص

Food production systems nowadays have grown more complex, food is generated in larger quantities and often transferred to long supply chains, because of which food cannot be visually monitored for safety and quality purposes. Increasingly modern food production and food distribution systems depend on scientific verification rather than visual monitoring of the product for food safety or quality controlling purposes. The paper looks at the decision of the High Court of Malaya in the matter of Loo Swee Poo & Ors vs Datuk Bandar & Ors 1991 about the seizure of packaged tea powder in accordance with sections 4(1)(f) and 4(1)(g) of the Food Act 1983 for the presence of banned coloring agents. The purpose of this paper is to pinpoint the jurisprudential principles determined in the case and determine its importance in terms of food forensics and halal government. The main issue in dispute was whether the authority could exercise statutory powers without obtaining a valid and up-to-date Analyst's Certificate to prove non-compliance with the Food Act 1983 and the Food Regulations 1985. The court held that the respondent had based his decision on the results of the outdated laboratory analysis and had not formed a reasonable belief in the presence of banned substances as required under the law and ruled that proof of reasonable belief cannot be based merely on suspicions. In this judgment, the court establishes that the science underlying the enforcement practices constitutes an indispensable precondition to lawfully use the powers of enforcement. This paper also connects the decision to the concept of halal tayyiban; consequently, the following arguments are put forward, scientific analysis by competent authorities, systematic documentation are fundamental prerequisites for the enforcement process, consumer protection and rights enforcement of food business operators. To summarize, this case will continue to be a precedent in that all regulations must be backed up by scientific evidence and not on assumption. It also encourages the application of forensic science within Malaysia's food safety and halal governance systems.