EVALUATING TOYYIBAN IN FOOD SAFETY: A FORENSIC CASE REVIEW ON MANAGER, TUBORG (MALAYSIA) SDN BHD V PUBLIC PROSECUTOR [1990] 2 MLJ 173

Abstract

The "halal" is not the sole factor that can be relied on for food integrity in the Malaysian market; there is also the element of "toyyiban" which involves food safety, hygiene and high quality. This paper will discuss and analyse the concept of toyyiban that is applied in relation to food safety in the context of the forensic case of Manager, Tuborg (Malaysia) Sdn Bhd v Public Prosecutor [1990] 2 MLJ 173. This case provides an important cautionary example of a manufacturer's constructive criminal liability in the event a sealed product is discovered to have contained biological foreign matter, in this instance fungal growth. This study employs a content analysis method of the Food Act 1983 and relevant legal principles to investigate the procedural forensic shortcomings in establishing the presence of "foreign matter," as well as the meaning of "authorized officer", that resulted in the overturning of the conviction. In addition, this paper makes a philosophical comparison between the doctrine of strict liability in civil law and the Islamic doctrine of toyyiban. The results suggest that a proper balance between legal enforcement and scientific precision is needed to achieve comprehensive consumer protection in the case of the toyyib aspect.