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EVOLUTION OF NATIONAL FOOD REGULATORY SYSTEM

-PERSPECTIVE FROM MALAYSIA

NORRANI EKSANFood Safety and Quality DivisionDepartment Of Public HealthMinistry Of Health Malaysia.

(16-17 Oct 2008)

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Objective: Protect Public Health

• Sale of Food & Drug Ordinance 1952• Public Health Ordinance

Food Act 1983 & Food Regulations 1985

•Food Premises Inspection•Sampling•Enforcement

•Premises Inspection, Sampling & Enforcement•Legislation •R & D•Advisory services•Laboratory services•Certification and licensing•Consumer education•Food Safety Assurance System •Codex and International Affairs

Food Quality Control Unit 1974 Food Quality Control Division 1993

Before Independence-1985

1985-now

Food Safety & Quality Division 2004

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Protect Consumer’s Health

protect consumers

Chemical contaminants

Natural toxin Industrial

Agricultural Veterinary,

food additives processing

aids

packaging materials

Glassinsects

hairsandetc.

Pathogenic bacteria

Moulds

Viruses

Parasites

Others

IrradiationBiotechnology

Packaging Innovation

Novel Foods

Physical contaminants

Micro contaminants

Emerging Technology

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CONCEPT FARM TO TABLE

• Many Ministries– Ministry of Agriculture and Agro-Based

Industry– Ministry of Health– Ministry of Plantation Industries and

Commodities– Prime Minister’s Department

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FOOD SUPPLY CHAINSupply of Agricultural Inputs

e.g Fertilizers, pesticides,animal feeding stuffs, veterinary drugs

Primary Productione.g. farmers, fisherman, fish farmers

Primary Food Processinge.g on farm, dairies, abbatoirs, grain mills

Secondary Food Processinge.g. canning, freezing, drying, brewing

Food Retailing/ Food Cateringe.g. restaurants, street foods, hospitals, schools

supermarkets, shops

Food Distributione.g. national/international, import/export

Domestic Food Production

MOH/MOA

MOH/MOA/JAKIMLocal Government

MOA

MOH/JAKIMLocal Government

MOH/MITI/MODT/Customs/Local Govt.

MOH/MODT/JAKIMLocal Government

MOH/Local Government

Midstream

Upstream

Downstream

Roles & AuthoritiesMinistry of HealthFood safety Quality Food stuffs Disease identificationTesting materialsInspections of ProcessorsInspections of food establishmentsBorder inspectionsIssuance of certificates for export & import

Department of AgricultureInspectionsBorder ControlPhytosanitary CertificatesTestingQuarantinePesticide controlFarm Certification (SALM)

CompaniesSet standards quality & food safetySupplier ContractsManufacturingAdvertising

Importing CountriesInspectionsTestingQuarantineIn-country inspectionsNotificationsDestruction of materialsImport Standards

Consumers UnionRegister complaintsAdvocacy for consumersTest samples for safetyWork with government to improve overall performance

Food Chain

Processor

ExporterRetailerRestaurantKiosksImporter

ConsumerFarm or

Fishing vessel

FeedWaterFertilizerPesticides Intermediate

Processing

Ministry of AgricultureDept. of Veterinary ServicesInspectionsBorder ControlSanitary CertificatesTestingVaccination, quarantine & disease free zonesAnimal Health Certificates

Ministry of AgricultureDepartment of FisheriesInspectionsHealth CertificatesAquaculture registrationTestingDisease-free zonesCertification (SALM)

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THE FOOD SAFETY & NUTRITION COUNCIL

• Approved by Cabinet in March 2001• Objective:

– Partnership and cooperation with stakeholders to ensure food safety from farm to table

• Members of the Council– 12 government agencies– 2 NGOs

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THE COUNCIL

FOOD SAFETY

COMMITTEE

FOOD REG.

FOOD SAFETY & NUTRITION COUNCIL

MINERALWATER/

DRINKINGWATER

CODEX FOOD IRRADIATION

SUPERGERMS

FOODANALYSIS

TECHNICAL COMMITTEES ON FOOD SAFETY

HACCP

Nutrition Committee

FOOD SAFETY & NUTRITION COUNCIL

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(1) GENERAL OBJECTIVE

To Protect The Public Against Food Related Hazards As Well As To Motivate And Promote The Preparation, Handling, Distribution, Sale And Consumption Of

Safe And Quality Food.

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(2) SPECIFIC OBJECTIVES

• To Ensure Food Is Processed, Stored And Handled In A Sanitary Manner

• To Ensure All Food Sold Is :• Free From Contamination And Non-

permitted Additives,• In Compliance With The Required

Standards,• Labeled And Advertised Properly,

Adequately And Not Misleading.

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(2) SPECIFIC OBJECTIVES

• To Ensure Food Imported Into This Country Is Safe And Complies With The Food Act 1983 And The Food Regulations 1985.

• To Encourage Food Exported From This Country Complies With The Standards Required By The Importing Country.

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(2) SPECIFIC OBJECTIVES

• To Ensure That The Public Receive Adequate Information Regarding Health Aspects Related To Food.

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Strategy In Food SafetyTripartite Management Approach

• Industry: responsible and accountable in producing safe and quality food.

• Consumer: to be knowledgeable and informed on safe food practices and able to make selective choices.

• Government: establish program policies and strategies to ensure effective surveillance and enforcement.

Industry Consumer

Government

Food Safety

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STRATEGIES

• Establish, Review, & Update Food Legislation To Ensure Safe Food Supply Domestically And Internationally.

• Continuous Strengthening of Food Safety Infrastructures Including Food Inspection Capabilities, Sampling And Laboratory Facilities & ICT To Ensure Food Safety.

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STRATEGIES

• Enhance Effective Collaboration With Relevant Government Agencies, Food Industry, Consumer Groups, Professional Bodies, Academia And International Organizations.

• Develop Adequate & Skilled Human Resources To Ensure Effective Implementation Of The Program.

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STRATEGIES

• To Increase Consumer’s Knowledge & Awareness Through Continuous Consumer Education

• To participate at international and regional levels to protect national interest

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Federal -FSQD

State

District & Local

AuthorityImplementation

Policy & Planning

Supervision

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Basic Infrastructure in Food Safety

LaboratoriesInspectorate/

Manpower

Laws

RMRMRM

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INFRASTRUCTURE:PARTICULARS NO.

State 14

District 130

Entry/Exit Point 36

FSQ Laboratory (ISO/IEC 17025 accredited) 10

Public Health Laboratory (1-in the pipeline for ISO/IEC 17025)

4

Chemistry Laboratory 10

Veterinary Laboratory 1

Doping Center, Universiti Sains Malaysia 1

Accredited Private Laboratory 55

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ACTIVITIES• LEGISLATIVE SUPPORT• ENFORCEMENT• LABORATORY SERVICES• INDUSTRY • MONITORING & RESEARCH• CODEX & INTERNATIONAL AFFAIRS• PROMOTION• INFORMATION TECHNOLOGY

ADVISORY COMMITTEE ON FOOD REGULATIONS AND EXPERT WORKING GROUP

Advisory committee on Food Regulations 1985

Lemak & Minyak(fats/oil)

Pelabelan Makanan(Label)

Pemakanan / Tuntutan

Kesihatan / IklanNutrition/

Health Claim/Adv)

Aditif Makanan & Kontaminan

(Additive)

Residu Veterinar

(Drug Residues)

Residu Perosak

(pesticide Res)

Standard Makanan(Food std)

Mikrobiologi(Microbiology

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LAWS/LEGISLATIONS

• FOOD ACT 1983

• FOOD REGULATIONS 1985

• TO PROTECT THE PUBLIC AGAINST HEALTH HAZARDS AND FRAUD IN THE PREPARATION, SALE AND THE USE OF FOOD.

AMENDMENT PROCESS

• 10 steps from proposed Draft Standards to the Government gazette

• Involves the preparation of Draft Standard and getting comments from the food industries, related agencies and organization

Amendment to Food Regulations 1985

• Strike a balance between the rapid development in the technology of food production and regulatory requirements for safe and quality food

• Either develop new and stricter provision or provide flexibility by introducing detailed regulations in specific areas

• Procedure is transparent in order to give a better understanding to the food industry

Procedure is transparent in order to give a better understanding to the food industry

• Time taken for amendment to be gazetted is subject to various factors :-

- Completeness of application/petition

- Current Codex status

Amendment to Food Regulations 1985 (Cont..)

• Alignment with International Standard, especially Codex Standards e.g. GM Foods, ingredients and food additives.

• To facilitate trade where trade volumes would increase and rejections of imported foods would be minimized

• Consumer demand, changing consumer habits and choices

Amendment to Food Regulations 1985 (Cont..)

Made based on the advice of the Advisory Committee on food Regulations 1985 after receiving proposals of amendments from the various parties

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LEGISLATIVE SUPPORTDraft Regulations

Food Hygiene Regulations

Food Irradiation Regulations

Food Import Regulations

Genetically Modified Food Regulations

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ENFORCEMENT

Plan and monitor the implementation of enforcement activities

• Domestic food - Food sampling and inspection- Food premise inspection)

• Imported food- Food sampling and inspection- Relabelling- Undertaking management

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ENFORCEMENT

• Food crisis management• Food poisoning outbreaks

investigation management• Food Recall Management• Food Alert Management

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ENFORCEMENT

Food Sampling•Based on food problems, groups of food commodities and targets

•National Work Plan (NWP)2 samples/1000 population/yearFood sampling priorities established according to food problems, groups of food commodities and targets

Food Premises Inspection • Premises rating • Closure of unhygienic premises under

the Food Act 1983

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Import Control

• Inspection based on: • Document • Physical inspection• Sampling

• Priorities based on:• Past violations (black listed items)• Food entering for the first time

• Approach undertaken • Hold-test-release• Undertaking letter

ENFORCEMENT

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Food Sampling 1999-2005ACTIVITIES: ENFORCEMENT

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

No. o

f Sam

ples

012345678910

% o

f Vio

latio

ns

No. of Samples 44,101 50,492 61,592 59,420 59,352

No. of Violations 4,156 4,445 3,750 3,784 2,854

% of Violations 9.42 8.80 6.09 6.37 4.81

2003 2004 2005 2006 2007

Food Sampling 2003 - 2007

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Inspection and Closure of Food Premises 1999-2005

ACTIVITIES: ENFORCEMENT

010,00020,000

30,00040,00050,00060,00070,000

80,00090,000

100,000No

. of P

rem

ise In

spec

tions

0

1

2

3

4

5

6

% o

f Clo

sure

s

No. of Inspections 62,633 69,813 73,037 81,686 88,968

No. of Closures 1,958 3,259 2,973 3,625 4,984

% of Closures 3.13 4.67 4.07 4.44 5.6

2003 2004 2005 2006 2007

Food Premise Inspections and Closure 2003 – 2007

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Food Safety Information System of Malaysia (FoSIM)

– Development of a web-based system linking all 36 entry points to control food import to ensure speedier clearance, consistent scrutiny and greater transparency

– Launched in Aug 2003• to be integrated with Custom’s system

– Adapted from FAIINS (Food Automated Import Inspection Network System ) of Japan with customization to FSQ existing procedures

– In-built intelligent/knowledge databases– Automated examination levels, food codes, analytical

parameter codes, electronic references

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LABORATORY SERVICES

• Develop and strengthen food laboratory services

• Ensure optimal utilization of all existing food laboratories in the country (within & outside MOH)

• Ensure the implementation of the laboratory quality system (ISO 17025)

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FOOD LABORATORIES UNDER MINISTRY OF HEALTH MALAYSIA

FSQL KELANTAN (Kota Bahru)

FSQL TERENGGANU (Kuala Terengganu)

FSQL PAHANG (Mentakab)

PHL SABAH (Kota Kinabalu)

FSQL SANDAKAN ( Sandakan )

NATIONAL PHL* (Sg. Buloh)

PHL IPOH

FSQL PENANG (Butterworth)

FSQL LAKA TEMIN ( Bukit Kayu Hitam)

FSQL PERLIS* (Kangar)

FSQL SELANGOR (Kelang)

PHL JOHORE* (Johor Bahru)

Note : FSQL : Food Safety and Quality Laboratory

PHL : Public Health Laboratory

FSQL SARAWAK* (Kuching)

FSQL MIRI

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Integrated Approach

Traceability

Science Based

Transparency

•Farm to table•partnership withother agencies•international collaboration

•Involvement ofstakeholders•notifications

•Tracing of feed,ingredients & food•Recall procedures or laws

•Risk assessment (information analysis & scientific advise)•Risk management (regulation,control & precautionary principle)•Risk communication

Capacity Building

Keys elements

of the National Food

SafetyPolicy

Education &Research

ICT •To monitor and evaluate •Lab

•Legislation•Enforcement

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CHANGING FOOD SCENARIOS THAT HAVE IMPOSITIONS ON FOOD SAFETY

Food Production

Consumer requirements

Social

Economic

•Large-scale production•Intensified agricultural practices•Use of raw materials & products sourced from other countries•New Processing techniques

•Convenience foods with minimum preparation•Quest for “fresh”, “Natural” & “health” foods

- less harsh processing & production regime- greater care in production, distribution, storage & preparation

•Consumption of food outside the home•frequency of international travel - tourism/business•increase in aged population - high risk group •employment of foreign worker with different cultural and handling practices

•Globalization - transnational challenge i.e. exposure to food-borne hazards from other countries•Trade Framework - WTO Agreement on SPS & TBT

- AFTA

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Changing Pattern of Food-Borne Illness

Traditional New & Emergingusually local widespread, multi-state, international high dose low infective doseorganism readily isolated risk undetected by normal methodnormal food processing may survive some processeswill eliminate pathogen low mortality/easily high mortality/resistant to manytreated with antibiotic antibiotictraditional food know to food not previously associated withbe associated food-borne illness

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CONCLUSIONThe challenges of food safety is immense and in this time of increasing food safety concerns and shrinking resources, there are both the opportunities and the need to work together between the government, food industry and consumers.

The leadership provided by the Ministry of Health towards this end and the continuous improvement of the food safety program will inevitably create better strides towards the establishment of an effective and efficient food safety programme in the era of globalisation.