KUALA LUMPUR: The Bar Council will study the Health Ministry’s (MOH) approval procedures for the import of food products, cosmetics, pharmaceuticals and medicine to ascertain if they are “inadequate at preventing harm to the public”.
Its president Karen Cheah Yee Lynn said the move is in line with the Bar Council’s mission to uphold the cause of justice without fear or favour as well as to express its view on matters affecting legislation and the administration and practice of the law in Malaysia.
“The Bar Council will always protect and assist the public in all matters ancillary or incidental to the law. This issue, after all, is a matter of public interest.
“Hence, our study will serve to determine if revisions should be made to existing product safety legislation and approval procedures. We will also consult with industry professionals and make recommendations to MOH and the government accordingly.
“However, this would depend on whether the existing regulations and procedures are shown to be inadequate at preventing public harm. At this juncture, the principle of good governance must lie in not just the government, but also the parties that manufacture, sell or import the products,” she said.
Cheah added that the whole idea of sustainable development goals and businesses embracing human rights principles must also be factored in.
“This was one of the resolutions passed at our last annual general meeting,” she said.
Cheah was commenting on theSun’s report yesterday, which quoted Health Minister Dr Zaliha Mustafa as saying, among others, that food products do not require prior approval before importation, except for special-purpose foods that are not specifically regulated under the Food Regulations 1985.
Zaliha also said: “Sample analysis is (only) conducted after products have been registered or notified under the Post-Marketing Surveillance programme. However, sampling may be conducted by an authorised officer and sent to an approved laboratory for testing if necessary.”
She also confirmed that no tests are carried out by MOH on samples of food, cosmetics, pharmaceuticals, medicines, or such imported products before they are allowed for sale in Malaysia, and stressed that it is the responsibility of the manufacturer or importer to perform quality control testing for each batch of products they release.
Cheah said the Food Act 1983 (FA 1983), Sale of Drugs Act 1952 (SODA 1952) and Control of Drugs and Cosmetics Regulations 1984 (CDCR 1984) do not identify a specific provision negating MOH’s responsibility for death or injury caused by food, drugs, medicines, pharmaceuticals or cosmetic products.
“However, the liability and penalties for products which contain injurious substances or are unsafe are generally borne by the party which manufactures, sells or imports the offending product rather than MOH.”
Cheah said as the laws stand, the extent of MOH’s duty is merely to maintain compliance with the regulatory system and enforce the provisions of FA 1983, SODA 1952 and CDCR 1984 in the event they are found to have been breached.
She said the Bar Council will also encourage the government to review or revise the existing legislation regulating food, drugs and cosmetic products.
“This will serve to set higher standards and requirements for inspection, testing and analysis of products before their sale to consumers. We will also recommend possible amendments to the relevant laws.
“In the meantime, we call on those undertaking the manufacture, sale or import of such products to be mindful that doing business with human rights at the core of their venture is equally needed for the good of our citizens and consumers,” she said.
