FOOD ACT 1983
FOOD (AMENDMENT) (NO. 1) REGULATIONS 2015
IN exercise of the powers conferred by section 34 of the Food Act 1983 [Act 281],
the Minister makes the following regulations:
Citation
1.
(1) These regulations may be cited as the Food (Amendment) (No. 1)
Regulations 2015.
(2)
These regulations come into operation on _______
2. The principal Regulations are amended by inserting after Regulation 27A the
following Regulation:
Plastic
materials
and articles
27B. 1) In these Regulations, plastic materials and articles
includes packages, appliance or parts thereof consisting
exclusively of plastics or plastic multi-layer or plastic multimaterial multi-layer that is intended to come into contact with
food, already in contact with food or which can reasonably
be expected to come into contact with food.
2) For the purposes of these Regulation,
(a) food simulant means a test medium imitating
food; in its behaviour the food simulant mimics
migration from plastic materials and articles;
(b) multi-material multi-layer means a material or
article composed of two or more layers of
different types of materials, at least one of them a
plastic layer;
(c) plastic means polymer to which additives or other
substances may have been added, which is
capable of functioning as a main structural
component of final materials and articles;
(d) plastic multi-layer means a material or article
composed of two or more layers of plastic;
(e) specific migration limit means the maximum
permitted amount of a given substance released
from plastic materials and articles into food or
food simulants; and
(f) total specific migration limit means the maximum
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permitted sum of particular substances released
in food or food simulants expressed as total of
moiety of the substances indicated.
3) No person shall import, manufacture, advertise for
sale or sell, or use or cause or permit to be used in
the preparation, packaging, storage, delivery or
exposure of food, any plastic materials and articles
except when it complies with the maximum
proportion of release of chemical substances set out
in Table I of Schedule X.
4) In addition to subregulation (3), the plastic materials
and articles shall not transfer their constituents to
food or food simulant in quantities exceeding the
maximum specific migration limit or total specific
migration limit set out in Table II of Schedule X.
5) Substances with other technological function
including solvents, colourants, printing inks,
adhesives or coatings may be used in the production
of plastic materials and articles, provided it conforms
to the following criteria(a) the substance conforms
27(1)(a) and (b); and
(b)
to
subregulation
the migration of the substance into food or food
simulant from the plastic materials and articles
shall not exceed 0.01 mg/kg food or food
stimulant.
6) For the purposes of subregulation (3), (4) and (5),
plastic materials and articles shall be tested in
accordance with Malaysian Standard MS 2234:
Plastic Materials and Articles Intended to Come into
Contact with Food.
7) Plastic materials and articles shall be labelled in
accordance with the provisions of Regulation 27.
Amendment Regulation 41
3. Regulation 41 of the principal Regulations is amended-
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(a) by substituting subregulation (2) the following subregulation:
“(2) No person shall expose, cause or permit to be exposed, any food,
excluding water, in the course of its preparation, storage, packaging,
delivery, importation or exposure for sale, to any pesticide, where such
exposure will result in a residue on or in food that is greater than the
amount as set out in Table I and Table II of the Sixteenth Schedule”;
(b) by substituting subregulations (3)(a) and (3)(b) the following subregulations:
“(3)(a) containing pesticide residue in a proportion greater than the proportion
specified for that food in relation to that pesticide residue as set out in
Table I and Table II of the Sixteenth Schedule;
(3)(b) containing pesticide residue in a proportion greater than the proportion
specified for that food in relation to that pesticide residue as
recommended in the Codex Alimentarius, where the pesticide is not
specified in Table I of the Sixteenth Schedule”;
(c) by inserting after subregulation (3)(b) the following subregulation:
“(ba) containing pesticide residue in a proportion greater than the proportion
specified for that food in relation to that pesticide residue as
recommended in the ASEAN Harmonized Maximum Residue Limits
(MRLs), where the pesticide is not specified in Table I of the Sixteenth
Schedule or Codex Alimentarius; or”;
(d) by substituting subregulation (3)(c) the following subregulation:
“(c) containing 0.01 miligram per kilogram (mg/kg) or more than 0.01 mg/kg
of any pesticide residue, where the pesticide is not specified for that
food in Table I and Table II of the Sixteenth Schedule, Codex
Alimentarius or ASEAN Harmonized MRLs.”;
(e) by inserting after the words ‘in respect of pesticide residue’ in subregulation
(3A) the words ‘and “ASEAN Harmonized MRLs” means the ASEAN MRLs
adopted by the ASEAN Ministerial Meeting on Agriculture and Forestry’; and
(f) by inserting after subregulation (3A) the following subregulation:
“(3B) Subregulation (3)(b) and 3(ba) shall not apply for those pesticides as set
out in Table II and Table III of the Sixteenth Schedule.”.
Amendment Regulation 130.
4.
Regulation 130 of the principal Regulations is amended by substituting
subparagraph (2)(b) the following subparagraph:
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“(b) shall not contain more than(i) 20 per cent of water;
(ii) 1 per cent of ash; and
(iii) 80 mg/kg of hydroxymethylfurfural”.
Amendment Ragulation 178A.
5.
Regulation 178A of the principal Regulations is amended by inserting after
subegulation (1) the following subregulation:
“(1A) For the purpose of subregulation (1)(ii), amylase, lipase and protease may
be used as permitted enzyme during cleaning process, singly or in combination,
and the maximum permitted proportion shall be governed by good manufacturing
practice.”.
New Schdule X
6.
The principal Regulations are amended by inserting new Schedule X
“Schedule X
(Regulation 27B)
MAXIMUM PROPORTION OF RELEASE OF CHEMICAL SUBSTANCES
FROM PLASTIC MATERIALS AND ARTICLES
Table I
(2)
Maximum
permitted
proportion in
mg/kg food or
food simulant.
1
0.05
5
48
0.6
0.6
25
(1)
Chemical
Substances
Barium
Cobalt
Copper
Iron
Lithium
Manganese
Zinc
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SPECIFIC MIGRATION LIMIT FROM PLASTIC MATERIALS AND ARTICLES
Table II
(1)
Substance
(2)
Abbreviation
(3)
CAS
No.
(4)
Specific
migration limit
(SML) in mg/kg
food or food
simulant.
acrylonitrile
-
00010713-1
0.01
DEHA
00010323-1
2,2-bis(4hydroxyphenyl)pro
pane
BPA
00008005-7
diphenyl carbonate
-
formaldehyde
-
hexamethylenetetr
amine
-
maleic acid
-
maleic anhydride
-
α-methylstyrene
-
phenol
-
(5)
Total specific
migration limit
(SML(T)) in
mg/kg food or
food simulant.
#(2)
adipic acid, bis(2ethylhexyl)ester
phthalic acid,
benzyl butyl ester
phthalic acid,
bis(2ethylhexyl)ester
phthalic acid,
dibutyl ester
phthalic acid,
diesters with
primary, saturated
C8-C10 branced
alcohols, more
than 60 % C9
phthalic acid,
diesters with
primary, saturated
C9-C11 alcohols
more than 90 %
C10
primary aromatic
amines
sebacic acid,
dibutyl ester
semicarbazide
BBP
00010209-0
00005000-0
00010097-0
00011016-7
00010831-6
00009883-9
00010895-2
00008568-7
60
18
0.6
0.05
#(3)
-
15
-
30
0.05
60
-
30
DEHP
00011781-7
1.5
DBP
00008474-2
0.3
DINP
06851548-0
02855312-0
-
#(2)
60
#(1)
9.0
#(2)
60
DIDP
06851549-1
02676140-0
-
-
-
0.01
DBS
SEM
00010943-3
00056341-7
5
0.02
#(2)
60
-
soybean oil,
epoxidised
ESBO
styrene
-
4-tert-butylphenol
-
2,4,6-triamino1,3,5-triazine
tri-n-butyl acetyl
citrate
MELAMINE
ATBC
00801307-8
00010042-5
00009854-4
00010878-1
00007790-7
60.0
30.0*
#(2)
60
60
-
0.05
-
2.5
#(2)
-
60
Note:
- – Not applicable
# (1), # (2) - total specific migration limit, expressed as the sum of the substances
# (3)- total specific migration limit, expressed as formaldehyde
*in case of PVC gaskets used to seal glass jars containing infant formula, follow–up formula, canned
food for infant and young children and processed cereal based foods for infants and young
children.
Amendment of Eleventh Schedule
7. Eleventh Schedule of the principal Regulations is amended in Table II by
inserting after the item “Dried Banana” and the particulars relating thereto, the
following item and particulars:
(1)
(2)
Food
Food Conditioner
“Edible bird’s nest
amylase
lipase
protease
Amendment of Schedule 16
7.
of the principal Regulations is amended(a) by inserting the words ‘Table I’ above the words ‘Pesticide Residue’;
(b) by inserting after Table I the following tables:
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singly or in
combination
“TABLE II
RESTRICTED PESTICIDE
The food specified in column (2) of the table below shall not contain the pesticide
specified in relation thereto in column (1) in proportion greater than the maximum
permitted proportion specified in column (3) thereof in relation to the food.
(1)
Pesticide
(2)
Food
(3)
Maximum
Residue Limits
(MRLs) in food
(mg/kg)
Acephate
Coconut/coconut oil
Palm oil
0.5
0.5
Methamidophos
Coconut/coconut oil
Palm oil
0.1
0.1
Monocrotophos
Coconut/coconut oil
Palm oil
Rice
(milled
or
polished)
Palm oil
0.05
0.05
0.5
0.1
Paraquat
TABLE III
BANNED PESTICIDE
The following pesticides are banned in food:
2,4,5-T
Alachlor
Aldicarb
Aldrin
Azinphos-methyl
Binapacryl
Butachlor
Calcium cyanide
Captafol
Chlordane
Chlordimeform
Chlorobenzilate
DDT
Dieldrin
Dinoseb
DNOC
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EDB (Ethylene dibromide)
Endosulfan
Ethylene dichloride
Ethylene oxide
Fluoroacetamide
Folpet
HCH (mix isomers)
Heptachlor
Hexachlorobenzene
Lindane (Gamma BHC)
Mercury compounds
Methomyl
Methyl-parathion
Parathion
Penthoate
Phosphamidon
Profenophos
Prothiophos
Quinalphos
Sodium pentachlorophenate (PCP)
Sodium pentachlorophenate (Sodium PCP)
Toxaphene
Triazophos
Tributyltin compound”.
Made
[KKM-163/S/6
201_
]
DATUK SERI DR. S.SUBRAMANIAM
Minister of Health
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