PERATURAN-PERATURAN KEBERSIHAN MAKANAN 2009

A DAY IN THE LIFE OF
AN ENFORCEMENT OFFICER
RUBA SUNDARAM MUTHUSAMY BSc. (Hons.) Env. & Occup. Health, Dip.(Environmental Health)
SENIOR ASSISTANT DIRECTOR (ENVIRONMENTAL HEALTH OFFICER)
FOOD SAFETY AND QUALITY DIVISON
MINISTRY OF HEALTH MALAYSIA
2 APRIL 2016
MIFT SUBANG JAYA
1
Environmental Health Officers EHO) / Assistant Environmental Health
Officer (AEHO) (also known as Public Health Inspectors) are responsible for
carrying out measures for protecting public health, including administering and
enforcing legislation related to environmental health and providing support to
minimize health and safety hazards.
They are involved in a variety of activities, for example inspecting food facilities,
investigating public health nuisances, and implementing disease control.
Environmental health officers are focused on prevention, consultation,
investigation, and education of the community regarding health risks and
maintaining a safe environment.
In addition, EHO/AEHO are enquired to be better equipped to handle broader
areas of environmental health that includes health promotion and education;
communicable disease; prevention, investigation, surveillance and control of
communicable diseases; prevention, investigation, surveillance and control of
communicable diseases; epidemiology; and food science and technology.
** strong investigative skills and a thorough understanding of the application of
legislation related to public health
The job of a Environmental Health Officer would cover a variety of work
disciplines, ranging from :
 Communicable Disease Control
 Non-communicable Disease Control
 Vector-Borne Diseases Control
 Food Safety and Quality Control
 Drinking Water Quality Control
 Rural Water Supply
 Environmental Health and Sanitation Programme
 Occupational Safety and Health
 General Health
 Investigation and Abetment of Nuisances and Complaints
 Port and Airport(International) Health
 Surveillance at Entry Points
 Enforcement (Public Health)
 Health Promotion and Education
Food Quality Control Programme
 Surveillance programme
 Premises inspection
 Food sampling
 Enforcement
 Prosecution
ROLE OF AN ENFORCEMENT OFFICER

As per Section 4, Food Act 1983
• enter any food premises and examine any food and take
samples
• stop, search or detain any aircraft, ship or vehicle in which he
believes on reasonable grounds that any food to which this Act
applies is being conveyed and examine any such food and take
samples
• open and examine any package which he believes contains any
food
• examine any books, documents or other records found in any
food premises that he believes contain any information relevant to
the enforcement of this Act
• demand the production of the National Registration Identity Card,
the Business Registration Certificate or any other relevant
document
5
ROLE OF AN ENFORCEMENT OFFICER
• seize and detain for such time as may be necessary
any food or appliances by means of or in relation to
which he believes any provision of this Act has been
contravened
• mark, seal or otherwise secure, weigh, count or
measure any food or appliance
• an authorised officer may examine orally the owner,
occupier or person in charge of the food premises
6
ROLE OF AN ENFORCEMENT OFFICER

At District:
 Sampling
• Enforcement sampling
• Surveillance sampling

Premises inspection
• Risk Based Food Premise Inspection Checklist
• Inspection & Grading of Food Premise Checklist
7
ROLE OF AN ENFORCEMENT
OFFICER

At District:
 Investigation Papers (IP)
• Violation of samples – to be charged under Food Act
1983 / Food Regulations 1985
• Non-compliance under Food Hygiene Regulations
2009
• IP to obtain compounding consent from DPP
8
ROLE OF AN ENFORCEMENT
OFFICER

At Entry point:
 Inspection of consignment
• Inspection bay
• Port warehouse
• Undertaking to District
9
CLOSURE OF INSANITARY PREMISES
The Director or an officer authorised by him
in this particular respect may in writing order
the closure forthwith not exceeding fourteen
days of any premises fails to comply with the
sanitary and hygienic requirements and such
that it is likely to be hazardous to health
10
REMOVAL OF FOOD FROM FOOD PREMISES
(RECALL)
• Where any food is found to have contravened or
reasonably suspected to have contravened any
provision of this Act or any regulations made under this
Act, the Director or any authorised officer authorised
by the Director may, by notice in writing, to recall,
remove, or withdraw from sale such food from any
food premises within such time as may be specified
in the notice.
11
PROSECUTIONS
Where any analyst having analysed or examined any
food to which this Act applies, has given a certificate and
from that certificate it appears that an offence under this
Act has been committed, an authorised officer may,
subject to section 377 of the Criminal Procedure Code
and section 32A, take proceedings under this Act
before any court having jurisdiction in the place where
the food sold was actually delivered to the
purchaser or the sample thereof taken.
12
WHAT HAPPENS WHEN A
COMPLAINT IS RECEIVED…
TACKLING PUBLIC COMPLAINTS

Food Product
 Expiry date
 Foreign objects
 Microbiological growth
Dirty premises
 Foreign matter (RTE food)

14
Steps in tackling complaints…..
Inspection
of the site
Inspection of the food manufacturing premises
Collecting evidence
Recoding statements (examine orally)
Forensic photographic
15
Improving Standards of Food
Industry



Labelling screening / advisory
HACCP/GMP certification
Certificate of Responsibility on Food Safety
(MeSTI)
- a system for the maintenance of food hygiene and
process control which includes food safety
assurance and food traceability.
16
FOOD LEGISLATION
FOOD ACT1983
FOOD
REGULATIONS
1985
FOOD HYGIENE
REGULATIONS
2009
FOOD (ISSUANCE OF
HEALTH
CERTIFICATE FOR
EXPORT OF FISH
AND FISH PRODUCT
TO THE EUROPEAN
UNION)
REGULATIONS
2009
FOOD
IRRADIATION
REGULATIONS
2011
17
GENERAL OBJECTIVE
The Food Hygiene Regulations 2009
provides an infrastructure to control the
hygiene and safety of food sold in the
country to protect public health
18
SPECIFIC OBJECTIVES





To ensure food premises are hygienic and satisfactory in terms
of design and building
To ensure food handlers maintain personal hygiene and avoid
practices that can contaminate food
To ensure equipments and appliances used are suitable, clean
and easy-to-clean
To facilitate, strengthen and harmonize the enforcement
activities in food premises including those conducted by the
Local Authorities
To provide for requirement of mandatory food safety assurance
program such as HACCP, GHP and GMP in food factories
APPLICATION
All food premises as defined in the regulations shall comply with the
Food Hygiene Regulations 2009
Definition under Food Act 1983
“premises” includes(a)
any building or tent or any structure, permanent or otherwise
together with the land on with the building, tent or other structure
is situated and any adjoining land used in connection therewith
and any vehicle conveyance, vessel or aircraft; and
(b)
for the purposes of section 4 any street, open space or place of
public resort or bicycle or any vehicle used for or in connection
with
the
preparation,
preservation,
packaging,
storage,
conveyance, distribution or sale of any food
“food premises” means premises used for or in connection with the
preparation, preservation, packaging, storage, conveyance,
distribution or sale of any food, or the relabelling, reprocessing or
reconditioning of any food
20
CONTENT
Part I
Preliminary
Part II
Registration of food premises
Part III
Conduct and maintenance of food premises
Part IV
Food handler
Part V
Special requirements in handling, preparing,
packing, serving, storing and selling of
specific food
Part VI
Carriage of food
Part VII
Miscellaneous
21
PART I – PRELIMINARY

Reg 1
Citation:
Food Hygiene Regulations 2009

Reg 2
Interpretation :
potable water, high risk food, water vending machine,
owner, food handler, pest, proprietor, sanitary, meat,
fish, milk, etc.
•
22
PART II – REGISTRATION OF FOOD PREMISES
Reg 3 – 7
 All food premises in First Schedule must be
registered with Ministry of Health Malaysia.
 Certificate of registration as prescribed in
the Second Schedule
 Application for renewal must be made at
least 30 days before expiry date
23
First Schedule
Food Premises
 All food premises involved in manufacturing of food
 All food premises involved in vatering or mass catering
of food
 All premises where food is prepared, process, stored or
served for sale
 All vehicle from which ready-to-eat is sold
24
PART III – CONDUCT AND MAINTENANCE
OF FOOD PREMISES
Chapter 1 Duty of proprietor, owner or occupier
of food premises
Chapter 2 General requirements for food
premises
Chapter 3 Specific requirements for food
premises
25
Chapter 1 – Duty of proprietor, owner or
occupier of food premises

•

•
Reg 8 – Display of certificate of registration, notices,
etc. in food premises
conspicuously display
- certificate of registration
- otice to wash hands thoroughly
- otice that disallows animal into
food premises
Reg 9 – Food safety assurance program
All food premises specified in the Third Schedule
must have a food safety assurance program
26
Chapter 1 – Duty of proprietor, owner or
occupier of food premises (cont.)

Reg 10- Food traceability system
All food premises shall have a food
traceability system from production to
distribution

Reg 11 – General duties of proprietor, owner
or occupier of food premises
complies with general requirements of food
premises
employ only food handlers who have
- undergone a food handlers training and
- been medically examined and vaccinated;
maintain records pertaining to cleaning,
packaging, processing, storing, distributing
of food
•
•
•
27
Chapter 2 – General Requirements For Food
Premises

•

•

•
Reg 12 – Location
Located away from sources of contamination
Reg 13 – General design
Design shall facilitate cleaning and disinfection
Reg 14 – Water supply
Ample supply of potable water and adequate
facilities for its storage and
distribution
28
Chapter 2 – General requirements for food
premises (cont.)

•
•

•
•
•

•
Reg 15 – Cleanliness of food premise
maintained in good condition, clean and tidy
adequate facilities for cleaning; suitable
cleaning agents
Reg 16 – Pest control in food premises
free from any pest
take all practicable measures to destroy the
pest and prevent reinfestation
suitable agent for control treatment
Reg 17 – Disposal of refuse
Disposal of waste as soon as possible
29
Chapter 3 – Specific requirements for food premises

•
•
•

•
•
•
•
Reg 18 – Floor Surfaces
good condition, easy to clean
impervious, non-absorbent, washable and non toxic
materials
adequately drained
Reg 19 – Wall surfaces
good condition, easy to clean
impervious, non-absorbent, washable and non toxic
materials
smooth surface up to a height appropriate
all angles sealed and coved
30
Chapter 3 – Specific requirements for food premises
(cont.)

•

•
•

•

•
•
Reg 20 – Lighting
adequate natural/artificial lighting which does not lead/
cause contamination of food
Reg 21 – Ventilation
suitable and sufficient ventilation system which does not
lead/cause contamination of food
airflow of ventilation system does not flow from a
contaminated area to a clean area
Reg 22 – Ceiling
ceilings/ interior surface of roof constructed to prevent the
accumulation of dirt and shedding of particles
Reg 23 – Door
easily cleaned and disinfected where necessary
smooth, non absorbent surface and self closing
31
Chapter 3 – Specific requirements for food premises
(cont.)

•
•

•
•

•
Reg 24 – Furniture, fittings and food contact surfaces
well maintained, kept clean at all times
impervious material and easily clean
Reg 25 – Food Storage
suitable storeroom of adequate size
different storerooms for the storage of raw food
materials and ingredients; for processed food
Reg 26 – Changing room
must be provided for food handlers, where necessary
32
Chapter 3 – Specific requirements for food premises
(cont.)

•
•

•
•
•
•

•
•
Reg. 27 – Wash-basin
Adequate, suitably located and designed
Adequate running water, soap /suitable liquid detergent
in a dispenser, paper towel / automatic hand dryer, kept
clean and well maintained and equipped with non-hand
operated taps
Reg. 28 – Toilet room
Adequate
running water, soap /suitable liquid detergent in a
dispenser, paper towel /automatic hand dryer
Clean and free from malodor
Not directly open to any room or compartment for the
storage, production and serving of food
Reg. 29– Drainage facility
adequate, smooth type material, fitted with food trap
designed and constructed to avoid any risk of
contamination to food
33
PART IV – FOOD HANDLER

Chapter 1: Training, medical examination
and health condition, clothing and
personal hygiene of food handler

Chapter 2 : Protection of food
34
Chapter 1- Training, medical examination and health
condition, clothing and personal hygiene of food handler

•

•
•
Reg 30 – Food handlers training
Compulsory for all food handlers
Reg 31 – Medical examination and health condition of
food handler
Compulsory for all food handlers
Food handler who suffers from, or is a carrier of food
borne diseases shall (a) not be allowed to enter food premises and
handle food,
(b) report to the management of the food premises,
(c) be suspended from working in food premises until
certified cured from the disease and fit to work
35
Chapter 1- Training, medical examination and health
condition, clothing and personal hygiene of food handler
(cont.)

•
•

•
Reg 32 – Clothing of food handler
Food handlers shall wear
- clean, suitable and proper clothing
- clean, suitable and light coloured overall/ lightcoloured apron, head cover and footwear
Clothing kept in a suitable cupboard/ locker when not in
use
Reg 33 – Personal hygiene
Food handlers shall- maintain a high degree of personal cleanliness
- remove his overall/head cover/apron before visiting the
toilet
- wash his hands before commencing work
- not engage in any behaviour or action can contaminate
the food
- not wear jewellery, watches, pins, accessories
36
Chapter 1- Training, medical examination and health
condition, clothing and personal hygiene of food handler
(cont.)
Reg 34 – Duty to keep food premises clean

•
Food handler shall ensure that premises where food
is handled and kept –
is clean and free from rubbish, pest, dirt or soot,
sweepings , ashes, wastes and cobwebs at all time
37
Chapter 2- Protection of food
Reg 35 – Handling of food, appliances, etc.
A food handler shall ensure the following•
not bring food in direct contact with material that
can contaminate the food
•
appliances/containers do not yield up or impart any
taint, foreign, poisonous or injurious substances to
food
•
appliances for raw food are cleaned before they are
used for cooked food
•
ice and steam use must not contaminate the food
•
not sweep the floor, clean the wall or dust the
ceiling while the food is being handled
•
not refreeze any food to be sold in frozen condition
38
Chapter 2- Protection of food (cont.)
Reg 36 – Preparing, packing and serving of food
A food handler shall ensure the following•
the preparation, packing or serving is free from any
contamination
•
food package provide adequate protection for food
•
not use his bare hands to handle any unwrapped
food
•
a warmer maintains a temperature of food above
600C, where a food is to be served hot
•
different appliances for food of swine origin and
food of non-swine origin
39
Chapter 2- Protection of food (cont.)
Reg 37 – Storage, exposure or display of food for sale

Protected from any contamination
40
Chapter 2- Protection of food (cont.)
Reg 38 – Storage of Food
 Separate storage:
- raw material and processed food
- food from cleaning agent and disinfectant
- food of swine origin from non-swine origin
- high risk food or perishable food
 Food
maintained clean and protected
contamination
from
41
Chapter 2- Protection of food (cont.)
•
•
•
•
•
•
minimum space of 15 cm between the wall
of storage facility and food stored
minimum space of 20 cm above the floor
suitable temperature for chilled or frozen
storage
raw material and ingredients to be labelled
First In-First Out (FIFO) system in food
storage
cold chain is not interrupted
42
PART V – SPECIAL REQUIREMENTS IN HANDLING,
PREPARING, PACKING, SERVING, STORING AND
SELLING OF SPECIFIC FOOD
Chapter 1 Meat
Chapter 2 Fish
Chapter 3 Ice cream and frozen confection
Chapter 4 Milk
Chapter 5 Ice
Chapter 6 Vending machine
43
Chapter 1- Meat

•
•
•

•

•
•
Reg 39 – Preparation of meat
preparation area - cleaned and disinfected after each
working day
area/equipment for meat preparation - maintained
below 150C
frozen meat - stored at -180C
Reg 40 – Carriage of meat
carcass/ portion of carcass
contamination
-
protected
from
Reg 41 – Sale of meat
chilled meat - stored at temperature -10C to 100C
all meat displayed for retail sale - kept at or below
100C
44
Chapter 2- fish

•
•
•

•
•

•
•
Reg 42 – Unloading and landing of fish
equipments - easy-to-clean and in good condition
operations - do not contaminate the fish
vehicles likely to impair the quality of fish - not allowed to enter
the premises
Reg 43 – Handling of fresh fish
Processing - storage, heading and gutting, filleting and cutting
must to be carried out hygienically
melt water - not in contact with fish
Reg 44 – Handling of processed crustacean or mollusc
rapid cooling after cooking
shelling or shucking - hygienically carried out
45
Chapter 2- fish (cont.)

•
•
•

•
•



Reg 45 – Fish storage
fresh fish – temperature approaching of melting
ice
frozen fish – temperature maintained -180C
frozen fish in brine – temperature - 90C
Reg 46 – Carriage of fish
temperature of fresh fish approaching of melting
ice
melt water from ice is not in contact with the fish
Reg 47 – Sale of fish and frozen fish
chilled fish – temperature between -10C to 100C
frozen fish – temperature below -180C
46
Chapter 3- Ice Cream And Frozen
Confection

•

•
•
Reg 48 – Preparation, package or sale of ice cream or
frozen confection
freezer protected from contamination
Reg 49 – Conduct of person selling ice cream or
frozen confection
sell ice cream or frozen confection that has not
melted or refrozen
store below -180C
47
Chapter 4 - Milk

•

•
•
Reg 50 – Temperature requirements
upon acceptance, milk is cooled as soon as possible at
not more than 60C unless:
- process within 4 hours after acceptance; or
- higher temp. is required for technological
reasons
Reg 51 – Sale of milk
Raw milk – stored below 40C
Milk in sealed package
 - seal is not tampered
- to be sold in original form, container and quantity in
which it was received
48
Chapter 5- Ice

•
•
Reg 52 – Carriage, storage and delivery of ice
in clean containers and covered to prevent
contamination
vehicle and equipment able to protect ice from any
contamination
49
CHAPTER 6 – Vending Machine

•
•
•
•
Reg 53 – Installation of food vending machine
or water vending machine
name and registered address of owner/operator
to be labelled on machine
located in suitable place to protect from
contamination and easily to clean
rendered clean and sanitary
floor where machine is
installed is free from smooth
impervious material
50
Chapter 6 – Vending Machine (cont.)

•
•
•
•
•
•
Reg 54 – Food vending machine
kept in a good working order and condition
exclusively for the sale of food
located in clean area, tidy and free from pest
provided with waste container
if dispenses perishable food, it is equipped
with a temperature control device
reusable containers that come in direct
contact with food are cleaned daily
51
Chapter 6 – Vending Machine (cont.)

•
•
•
•
•
•
•
•
Reg 55 – Water vending machine
design and construction: easy-to-clean and maintained
corrosive resistant and non-absorbent material
recessed or guarded-resistant dispensing spout
effective system of handling drip, spillage and overflow of
water
backflow prevention device for all connection and overflow of
water
water is disinfected by ozonisation/approved method
maintained in clean and sanitary condition
uses approved public water supply
52
PART VI – CARRIAGE OF FOOD

•
•
•
•
•
•
Reg 56 – Carriage of food
vehicle is clean and in good condition
permit the separation of food from non-food items
during carriage to prevent any risk of
contamination
vehicle not used for carrying hazardous, toxic or
poisonous item
able to maintain the temperature required
cold chain is not interrupted
separate vehicle to carry food of swine origin
53
PART VII - MISCELLANEOUS
Reg 57 – preparing ,etc., of food within food premises

Two /more rooms within same compound are not deemed to
be separate food premises even though the processes are
carried in the separate rooms or places of the food premises

Two or more rooms or places within the same compound of
food premises used solely for the selling of food but under
the same management are deemed to be separate food
premises
54
PART VII – MISCELLANEOUS (cont.)

•

•
•

•
Reg 58 Compoundable offences
prescribed in Fourth Schedule
Reg 59 Compounding of offences
offer to compound in a form as in Fifth Schedule
acceptance of offer to compound as in Sixth
Schedule
Reg 60 Payment of compound
payment of compound is made by cash, money
order, postal order or bank draft to District Medical
Officer of Health
55
PENALTY

General penalty : Not more than RM10,000
or in imprisonment for a term not
exceeding two (2) years

Penalty for regulation 32 is fine not
exceeding RM1,000
56
CONCLUSION
Implementation of Food Hygiene
Regulations 2009 is important to
ensure food premises are clean,
sanitary and consumers can consume
food that are clean and safe
57
Tel No. : 03-8885 0797 Ext. 4122
Mobile : 012-2762329
Emel : [email protected]