FORENSIC ANALYSIS OF HALAL LOGISTICS NON-COMPLIANCE: INVESTIGATING CROSS-CONTAMINATION RISKS IN HORECA FOODS (M) SDN BHD V MUHAMMAD MAHFUZ BIN MOHAMAD YASSIM & ANOR

Abstract

This paper examines the Malaysian civil case of Horeca Foods (M) Sdn Bhd v Muhammad Mahfuz bin Mohamad Yassim & Anor [2023] MLJU 2378, which addresses critical issues surrounding halal logistics non-compliance, cross-contamination risks, and regulatory enforcement within the supply chain. The dispute arose following the total commercial rejection of 112 bags of Parmesan Cheese Powder due to transit negligence, where food cargo was co-mingled with industrial chemical adhesives and exposed to rainwater. Employing a qualitative legal research method, this paper analyzes the facts of the case, the judicial reasoning regarding bailment and contractual duties under the Contracts Act 1950, and the implications of the decision from the lens of halalan-thayyiban principles and Malaysian logistics standards (MS 2400:2019). The court's landmark acceptance of visual forensic evidence—such as waterlogging, mold growth, and pest infestation without requiring a chemical laboratory report establishes a pragmatic evidentiary standard for food safety and security. The paper concludes that robust halal governance demands strict adherence to physical segregation and transport protocols to safeguard halal integrity and public health.