Malaysia S Food Laws Need Urgent Reform

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RECENT developments in the United States (US), particularly the FDA’s move to ban Red Dye No. 3 due to its links with cancer underscore the urgent need for modern food safety regulations that go beyond addressing immediate, visible risks.
While the US grapples with chronic exposure to harmful additives and ultra-processed foods, Malaysia continues to struggle with more fundamental issues: outdated legislation, inconsistent enforcement, and preventable food poisoning cases.
The country’s key food safety law, the Food Act 1983 no longer meets the needs of a complex, globalised, and chemically altered food system.
In light of recent food safety incidents, Malaysia must treat this as a pivotal moment to reform its food safety framework starting with a serious update to the Act itself.

Despite some progress such as the reported 20% drop in food poisoning cases in early 2025, major outbreaks continue to make headlines and shake public confidence.
In July 2025, 427 students in Kota Bharu fell ill after consuming food from an unlicensed home caterer, suspected to be contaminated chicken curry.
A similar tragedy occurred in Gombak in 2024, when two people died and dozens became ill after eating tainted fried vermicelli and eggs.
In Sabah, 103 schoolchildren were hospitalised after eating nasi lemak from a school canteen. Meanwhile, over 300 eateries in Selangor were shut down for hygiene violations over the past two years under Ops Clean Premises.
On the chemical safety front, the Health Ministry had to tighten inspections on imported Shine Muscat grapes after detecting excess pesticide residues highlighting ongoing weaknesses in controlling food imports.

(Image: Pixabay)While these incidents differ in context, they all reflect an underlying failure of prevention, enforcement, and oversight.
At the heart of these recurring issues lies the Food Act 1983, a piece of legislation that is no longer equipped to address today’s food safety challenges. When it was introduced over four decades ago, the Act focused primarily on preventing food-borne illnesses and spoilage.
But today, the threats are broader and more complex ranging from chemical contamination and adulteration to long-term exposure to ultra-processed ingredients and environmental pollutants. The Act does not contain adequate provisions to regulate these emerging risks.
It lacks clear authority for banning or restricting harmful food additives based on new scientific evidence, and there are no legally mandated limits for cumulative chemical exposures.
Moreover, enforcement remains mostly reactive relying on inspections after violations or outbreaks occur, rather than on proactive risk assessment and mitigation.
Another major shortcoming of the Food Act is the fragmentation of responsibility across multiple authorities, including local councils, state health departments, and federal ministries. This fragmentation leads to inconsistent enforcement, overlaps, and accountability gaps

For example, hygiene standards may differ between jurisdictions, and inspection frequencies often depend on local resources rather than risk assessments.
Additionally, penalties under the Act are often too lenient to deter serious violations, and legal proceedings can be slow or ineffective.
Certification for food handlers, a critical safeguard, is often reduced to a one-time seminar without mandatory refreshers or performance checks. This outdated model fails to instill long-term responsibility or awareness in the food industry.
To bring Malaysia’s food safety regime into the 21st century, a comprehensive reform of the Food Act 1983 is necessary.
First, the Act must include a dedicated section on chemical safety, allowing regulators to limit or ban food additives, pesticides, and contaminants based on scientific evidence and international benchmarks.

Second, it must empower authorities to carry out risk-based inspections, surprise audits, and hygiene grading systems for food outlets.
Third, the enforcement structure should be centralised through a national Food Safety Commission that integrates federal and state oversight while maintaining a unified database for licensing, inspection records, and consumer complaints.
(Image: Reuters)Moreover, food handler training must be made continuous. Certification should expire and require renewal, ensuring that food workers stay updated on emerging risks, including allergens and chemical hazards.
SMEs should be supported through government-subsidised access to food testing labs and compliance training, especially since many small producers lack the infrastructure to meet safety standards independently.
The revised Act should also strengthen import controls, allowing inspectors to conduct systematic testing of imported products and trace ingredients through the supply chain.
In the wake of the Shine Muscat incident, such measures are no longer optional but they are essential.
Traceability must also become a legal requirement. Businesses should be obligated to maintain records on sourcing and distribution, with the long-term goal of incorporating blockchain or digital tracking systems for high-risk products.
This would help prevent fraud, such as Malaysia’s previous fake halal meat scandal, and increase transparency across the food chain.

Finally, penalties for non-compliance should be increased, with expedited legal processes and the possibility of third-party liability for suppliers.
Food safety must also be seen through the lens of public health and nutrition. The revised Act should allow regulators to link food safety standards with nutrition policies, encouraging reduced reliance on ultra-processed foods and promoting safer, minimally processed alternatives.
Labelling reforms, public awareness campaigns, and targeted taxes could help shift consumer demand and reduce long-term health risks.
Ultimately, the time has come to stop relying on outdated tools to solve modern food safety problems. As the US takes proactive steps to protect consumers from hidden chemical dangers, Malaysia must do the same.

The recent outbreaks and pesticide scares are warnings that the current system is no longer sufficient. Reforming the Food Act 1983 is not just a technical necessity but it’s a public health imperative.
Malaysia has the expertise and the public will to act. Now, it needs the political courage to fix what’s broken before another tragedy unfolds. 
R Paneir Selvam is the principal consultant of Arunachala Research & Consultancy Sdn Bhd, a think tank specialising in strategic national and geopolitical matters.
The views expressed are solely of the author and do not necessarily reflect those of  MMKtT.
- Focus Malaysia.

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