Updated: Thursday April 27, 2017/AlKhamis
Sha'ban 01, 1438/Bruhaspathivara
Vaisakha 07, 1939, at 05:46:02 PM
The
ACT NO. VIII OF 2016
[1st March, 2016]
An Act to establish the Pakistan Halal Authority to
promote trade and commerce in Halal articles and processes.
WHEREAS it is expedient to establish the Pakistan
Halal Authority to promote imports and exports, trade and commerce with foreign
countries and inter-provincial trade and commerce in Halal articles and
processes.
It is hereby enacted as follows:---
1. Short title, extent and commencement.—(1) This Act
may be called the Pakistan Halal Authority Act, 2016.
(2) It extends to,---
(a) the whole of Pakistan, for purposes of
imports and exports, trade and commerce with foreign countries and
inter-provincial trade and commerce in all such articles and processes which
are described or represented as being Halal; and
(b)
(3) It shall come into force at once except sections
17, 18, 19 and 20 which shall come into force in whole or in part, on such date
or dates as the Federal Government may, by notification in the official
Gazette, direct.
2. Definitions.—In this Act, unless there is
anything repugnant in the subject or context,---
(a) ”Accredited Halal Certification Body” means
a firm or company which has been certified by the National Accreditation Body
as being competent and authorized to carry out Halal Certification;
(b) ”article” means any substance,
artificial or natural, or partly artificial or partly natural, whether partly
or wholly processed or manufactured product, and any service or financial
product offered to the public;
(c) ”Authority” means the Pakistan Halal
Authority established under section 3;
(d) ”Board” means the Board of Governors
constituted under section 5;
(e) ”chairperson” means the chairperson of
the Board of Governors;
(f) ”Director General” means the Director
General of the Authority;
(g) ”Government” means the Federal
Government;
(h) ”Halal” means anything permitted by the
laws of Islam;
(i) ”Halal Certificate” means the
certificate issued by an Accredited Halal Certification Body to the effect that
an article or process is in conformity with the Halal Standard pertaining
thereto, and authorizing use of the Halal logo in respect thereof;
(j) ”Halal Certification” means the entire
process of conformity assessment including audit, inspection, testing, and
evaluation to establish that an article or process is in conformity with the
Halal Standard, resulting in issue of a Halal Certificate;
(k) ”Halal logo” means the logo approved by
the Authority for a Halal article or process signifying that the same is in
conformity with the Halal Standard pertaining thereto;
(l) ”Halal Standard” means the Pakistan
Halal Standard for an article or process notified by the National Standards
Body;
(m) ”member” means a member of the Board of
Governors;
(n) ”National Accreditation Body” means the
Pakistan National Accreditation Council or such other body as may be notified
for the purpose by the Government;
(o) ”National Standards Body” means the
Pakistan Standards and Quality Control Authority or such other body as may be
notified for the purpose by the Government;
(p) ”OIC Guidelines” means the guidelines,
specified in Schedule - I, issued by the Organization of the Islamic
Cooperation from time to time relating to Halal food and other articles or
processes;
(q) ”prescribed” means prescribed by rules
or regulations;
(r) ”process” means a series of steps for
the production, manufacture or development of any article or system;
(s) ”regulations” means regulations made
under this Act; and
(t) ”rules” means rules made under this Act.
3. Establishment of the Authority.—(1) The Government
may, by notification in the official Gazette, establish the Pakistan Halal
Authority for carrying out the purposes of this Act.
(2) The Authority shall be a body corporate having
perpetual succession and a common seal, with powers, subject to the provisions
of this Act, to acquire and hold property, both movable and immovable, and
shall by the said name sue and be sued.
(3) The headquarters of the Authority shall be at
4. Management.—(1) The general direction and
administration of the Authority and its affairs shall vest in the Board, which
may exercise all powers and do all acts and things which may be exercised or
done by the Authority.
(2) The Board shall, in the discharge of its
functions, be guided on questions of policy by such directions as the
Government may give from time to time.
(3) If any question arises as to whether any matter is
a matter of policy or not, the decision of the Government in respect thereof
shall be final.
5. Composition of the Board of Governors.—The Board
of Governors shall consist of the following members, namely:---
|
(a) Minister
for Science and Technology |
Chairperson |
|
(b) Two Members of the Parliament. One each from
National Assembly and Senate |
Members |
|
(c) Secretary, Ministry of Commerce |
Member |
|
(d) Secretary, Ministry of Finance |
Member |
|
(e) Secretary, Ministry of Industries and Production |
Member |
|
(f) Secretary, Ministry of Interior |
Member |
|
(g) Secretary, Ministry of National Food Security
and Research |
Member |
|
(h) Secretary, Ministry of Religious Affairs |
Member |
|
(i) Secretary, Ministry of Science and Technology |
Member |
|
(j) Chief Secretaries of the Provincial Governments
Azad Jamu & |
Member |
|
(k) |
Member |
|
(l) |
Member |
|
(m) President, Federation of |
Member |
|
(n) Chairman, Islamic Chamber of Commerce and
Industry ( |
Member |
|
(o) Three well-reputed Shariah Scholars to be
nominated by Ministry of Religious Affairs, including one from the Council of
Islamic Ideology. |
Member |
|
(p) One representative to be nominated by the Rector
International Islamic University, |
Member |
|
(q) Food Technologist nominated by Pakistan
Agriculture Research Council |
Member |
|
(r) |
Member/ |
(2) In case of non-availability of the Minister for
Science and Technology for any reason, the Government may designate any other
Minister as Chairperson.
(3) The Authority may, with the prior approval of the
Government, co-opt any other person as member.
(4) No act or proceeding of the Board shall be invalid
merely on the ground of the existence of any vacancy, or any defect, in the
constitution of the Board.
6. Terms of office of members.—(1) A member,
other than an ex-officio member, shall hold office for a period of three years
from the date of entering upon the office, but may be re-nominated for a
second, and final, term of three years.
(2) A person who is or is nominated to be, a member by
virtue of his holding an office shall cease to be a member when he ceases to
hold that office.
(3) A member other than an ex-officio member, may at
any time resign his office by writing under his hand addressed to the Chairman.
7. Removal of members.—(1) The Government may remove
from office a member, other than an ex-officio member, if he,---
(a) has been adjudged an un-discharged insolvent;
or
(b) has been convicted of an offence which
involves moral turpitude; or
(c) has become physically or mentally incapable
of acting as a member; or
(d) has abused his position and rendered his
continuance in the office prejudicial to public interest.
(2) A member shall not be removed from office unless
he has been afforded a reasonable opportunity of being heard.
8. Constitution of the Executive Committee.— (1)
The Government may constitute an Executive Committee for carrying out
day-to-day matters of the Authority and for exercising such powers and doing
such acts and things as may be delegated to it by the Board.
(2) The executive committee under sub-section (1)
shall consist of the following members, namely:---
|
(a) Secretary, Ministry of Science and Technology; |
Convener |
|
(b) Director General of the Authority; |
Member |
|
(c) A representative of Ministry of Interior; and |
Member |
|
(d) Four members nominated by the Board, one of whom
shall be a Shariah Scholar and one a Food Technologist. |
Members |
9. Director General.— (1) There shall be a
Director General of the Authority who shall be the chief executive of
the Authority and shall be appointed by the Government.
(2) The Director General shall discharge such duties
and perform such functions as are assigned to him by the Board, or by the
Government.
(3) Until the Board is duly constituted, the Director
General shall, subject to such directions as the Government may give from time
to time, exercise the powers, and perform the functions of the Board.
(4) The officers of the Authority shall have such
powers and shall perform such functions as may be assigned to them by the
Director General.
10. Powers and functions of the
Authority.—(1) Powers and functions of the Authority shall be to,---
(a) develop and implement strategies, plans and
programmes for promotion of imports and exports, trade and commerce with
foreign countries and inter-provincial trade and commerce in Halal articles and
processes;
(b) recommend the Halal Standards developed for
articles and processes, to be notified in the official Gazette by the Federal
Government for adoption and notification by the National Standards Body:
In this context, the Authority may consider the OIC
Guidelines in schedule-I, relating to Halal food and other articles or
processes, as modified by the Organization of the Islamic Cooperation from time
to time, as a reference point;
(c) recommend mechanism for the Accreditation of
Halal Certification Bodies and adoption of Halal Certification systems;
(d) develop policies, plans and programmes for
ensuring compliance of Halal articles and processes with the Halal Standards;
(e) develop and authorize use of Halal logo for
Halal articles and processes;
(f) may operate as a certification body after
obtaining due accreditation from the National Accreditation Body;
(g) levy fees for issue or renewal of the Halal
certificate and / or authorizing the use of Halal Logo;
(h) maintain a register of all persons, firms and
companies authorized to use the Halal logo;
(i) inspect and test Halal products and processes
for their quality, specification and characteristics with relation to the Halal
standards, for purposes of imports and exports, trade and commerce with foreign
countries and inter-provincial trade and commerce;
(j) prohibit production, storage and sale in the
(k) arrange and conduct public awareness
campaigns in relation to the Halal sector in general and to Halal products and
processes in particular;
(l) secure international recognition of the Halal
logo to build confidence in the Halal Certification system and Pakistani Halal
products abroad;
(m) co-ordinate with national and international
organizations for strengthening the Halal sector;
(n) promote and encourage establishment of libraries
and laboratories for the purpose of developing the Halal sector;
(o) collect and circulate statistical and other
information relating to the Halal sector; and
(p) any other function assigned by the Government
for development of the Halal sector and promotion of Halal products and
processes for purposes of the Act.
(2) In exercising its powers and performing its
functions, the Authority shall follow such procedure as may be prescribed.
11. Meetings.—Meetings of the Board and the
Executive Committee shall be in accordance with such procedure as may be
prescribed.
12. Authentication of orders and other instruments of
the Authority.—All orders, decisions and other instruments issued by the
Authority shall be authenticated only by the signatures of such officer or
officers as are authorized by the Authority in this behalf.
13. Disclosure of ingredients, etc. —The Halal
Standard for a food or non-food article or product shall require that the
ingredients, dates of manufacture and expiry and complete name and address of
its manufacturer, exporter or supplier be clearly mentioned on the box, wrapper
or other packaging in which it is contained, or on the label, tag or sticker
affixed to it.
14. Prohibition of improper use of Halal
logo.—No person shall use, in relation to any article, product or process
or in the title of any patent or in any trademark or design, the Halal logo
except under the terms of a Halal Certificate, issued under this Act.
15. Prohibition of use of certain name, mark or
logo.—No person shall without the previous permission of the Authority and
subject to such conditions as it may impose, use in any manner whatsoever, any
name, mark or logo which may resemble the name, mark or logo of the Authority
or contain the Authority”s recognized expressions relating to Halal standards
or any abbreviation of such expressions.
16. Prohibition of registration in certain
cases.— (1) Notwithstanding anything contained in any law for the
time being in force, no registering body shall register any company, firm or
any body of persons or a trademark or design or grant a patent in respect of an
article which bears a title containing any name or mark or logo in
contravention of the provisions of sections 14 or 15.
(2) Where any question arises before a registering authority
whether the use of any name or mark or logo is in contravention of the
provisions of sections 14 or 15 the registering authority may refer the
question to the Government, whose decision thereon shall be final.
17. Export of Halal articles and processes.—No article
or process shall be exported from
18. Import of Halal articles and
processes.—No article or process shall be imported into
19. Marketing of Halal products.—No food or
non-food product shall be marketed or offered for sale with the description or
representation of being a Halal article or product within the
20. Penalty for improper use of Authority name, mark
or logo.—(1) Any person who contravenes the provisions of sections 14, 15,
16, 17, 18 or 19 shall be punishable with imprisonment of either description
for a term which may extend to three years, or with a fine upto one million
rupees but not less than one hundred thousand rupees, or with both.
21. Inspectors.— (1) The Authority may appoint
Inspectors, in accordance with such procedure as may be prescribed, for the
purpose of enforcement of this Act or rules or regulations made there under in
the
(2) Subject to any rules made under this Act, an
Inspector appointed under sub-section (1) shall be empowered to,---
(a) inspect any operation carried on in
connection with any article or product or action or process in relation to
Halal Certification;
(b) take samples of any article, or of any
material or substances used in any article or process, in relation to which
Halal logo has been used;
(c) seize and detain for such time as may be
necessary any article in respect of which he believes any provision of this Act
has been contravened; and
(d) stop, search or seize any transport vehicle
in which he believes on reasonable ground that any article subject to the
provisions of this Act, is being transported thereon does not conform to Halal
standards and certification.
(3) Every Inspector shall be issued by the Authority a
certificate of appointment which shall be produced by the Inspector on demand.
(4) Any person who obstructs or impedes performance of
duties of an Inspector or any other authorized officer shall be guilty of an
offence punishable under section 22.
(5) Any article seized under this Act may, at the
option of the Inspector, be kept or stored in the premises where it was seized
or may at the direction of the Inspector be removed to any other place or
appropriately disposed of, in case it is a perishable item.
(6) The Inspector shall release any article seized by
him under this Act when he is satisfied that all the requirements of the Act
with the respect thereto have been complied with.
(7) son who, without the authority of an Inspector,
removes, alters, or interferes in any way with any article seized under this
Act, shall be guilty of an offence punishable under section 22.
(8) Any person who knowingly makes any false or
misleading statements either verbally or in writing to any inspector engaged in
carrying out his duties under this Act shall be guilty of an offence punishable
under section 22.
(9) Any person aggrieved by the actions of an
Inspector / officer may file a representation to the DG of Authority, who shall
decide the same after giving such person an opportunity of being heard.
22. Penalty for other
contraventions.—Whoever contravenes any of the provisions of this Act
other than sections 14, 15, 16, 17, 18 or 19, or any rule made or
notification issued thereunder shall, be punishable with imprisonment of either
description for a term which may extend to six months, or with a fine upto five
hundred thousand rupees but not less than fifty thousand rupees, or with both.
23. Cognizance of offences by courts.— (1) No
court inferior to that of a Judicial Magistrate, first class shall try any offence
punishable under this Act.
(2) All offences under this Act shall be bailable and
compoundable.
24. Appeals.—(1) Any person aggrieved by an order
passed by the Authority including a decision of the Director General under
sub-section (9) of section 21 may prefer an appeal to the Court of Session
within thirty days of the date of the order.
(2) The appeal shall be presented in such form and
manner and within such time as may be prescribed.
(3) The Court of Session shall, in dealing with
appeals under this section, follow such procedure as is specified in the Code
of Criminal Procedure, 1898 (Act V of 1898).
25. Appointment of officers, staff, etc., by the
Authority.— (1) The Authority may create posts and appoint such officers,
staff, experts or consultants, in accordance with Government policy, on such
terms and conditions as may be prescribed:---
Provided that appointment to the posts in Basic Pay
Scale 20 or above shall not be made except with the previous approval in
writing of the Government.
(2) Subject to sub-section (1), the Director General
may, in cases of urgency, appoint such officers, staff, experts or consultants
and on such terms and conditions as may be recommended by a selection
committee, constituted under the rules:---
Provided that every appointment made under this
sub-section shall be reported to the Board, without unreasonable delay, for
approval.
26. Members and officers etc. to be public
servants.—The Director General, members, officers, staff, experts and
consultants of the Authority shall, when acting or purporting to act in
pursuance of any of the provisions of this Act, be deemed to be public servants
within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
27. Delegation of powers to the Director General etc.— (1)
The Authority may, by general or special order and subject to such conditions
as it may think fit to impose, delegate to the Director General or a member, or
an officer of the Authority, all or any of its powers or functions under this
Act.
(2) The Government may, by notification in the
official Gazette, delegate all or any of the Authority”s powers under this Act
and the rules and regulations made thereunder to any other agency or department
of the Government or to a provincial government with the consent of such
government.
28. Pakistan Halal Authority Fund.—(1) There shall be
created a fund to be known as the Pakistan Halal Authority Fund which shall
vest in the Authority and shall be utilized by the Authority to meet charges in
connection with its functions under this Act including the payment of salaries
and other remuneration to the Director General, members, officers, staff,
experts and consultants of the Authority.
(2) The Pakistan Halal Authority Fund shall be
financed from the following sources:---
(a) grants made or loans advanced by the
Government or Provincial Governments;
(b) loans, aid and donations received from
foreign governments, national or international agencies and non-governmental
organizations; and
(c) contributions from private organizations and
other persons.
(3) All sums payable to the Authority may be recovered
as arrears of land revenue.
29. Budget.—The Authority shall, in respect of each
financial year, submit for approval of the Government, on such date as may be
prescribed, a statement of the estimated receipts and expenditure, including
requirements of foreign exchange for the next financial year.
30. Audit and accounts.— (1) The accounts of the
Authority shall be audited every year by the Auditor General of
(2) Copies of the audit reports shall be sent to the
Government along with the comments of the Authority.
(3) The audit report shall be available for public
inspection.
(4) The Government may issue directions to the
Authority for rectification of any item objected to by the Auditor General of
31. Protection of actions taken in good faith under
this Act.—No suit, prosecution or other legal proceeding shall lie against the
Government or the Authority or any person acting under the authority of the
Government or the Authority for anything which is in good faith done or
intended to be done in pursuance of this Act or any rule or regulation made
thereunder.
32. Submission of yearly reports and
returns.—(1) As soon as possible after the end of every financial year but
before the last day of the month of December of that year, the Authority shall
submit to the Government a report on the conduct of its affairs for that year.
(2) The Government may, after giving sufficient notice
to the Authority, require it to furnish:---
(a) any return, statement, estimate, statistics,
or other information regarding any matter under the control of the Authority;
(b) a report on any subject with which the
Authority is concerned; and
(c) a copy of any document in the charge of the
Authority.
33. Power to make rules.—The Government may, by
notification in the official Gazette, make rules to carry out the purposes of
this Act.
34. Power to make regulations.—The
Authority may, with the previous approval of the Government, by notification in
the official Gazette, make regulations not inconsistent with this Act or the
rules to carry out the purposes of this Act.
35. Power to exempt.—The Government may, by
notification in the official Gazette, exempt any article or process or
class of articles or processes from the operation of all or any of the
provisions of this Act.
36. Power to obtain information.— Every holder of
a Halal Certificate shall supply to the Authority such information and such
samples of any article or material or substance used in relation to any article
or process as the Authority may require.
37. Act to override other laws.—The provisions of this
Act shall have effect notwithstanding anything inconsistent therewith in any
other law for the time being in force.
38. Amendment of Schedule.—The Government may, by
notification in the official Gazette, add to, delete or otherwise amend
Schedule-I in accordance with decisions of the OIC.
[see sections 2(p) and 10(1)(b)]
OIC Guidelines for Halal Food
FOREWORD
This standard was developed by the Standardization
Expert Group (SEG) of the Organisation of the Islamic Conference (O1C).
In this standard, Islamic Rules refer to those commonly
accepted rules and beliefs of the Islam, regardless of variations in different
countries.
Given the fact that non safe foods would not be
considered halal, therefore the quality standards including food safety and
traceability (to guarantee the claims), should be made prerequisite of this
standard (See Normative References).
GENERAL GUIDELINES ON HALAL FOOD
1. SCOPE
This standard defines the basic requirements that
shall be followed at any stage of food chain including, receiving, preparation,
processing, sorting, determination, packaging, labelling, marking, controlling,
handling, transportation, distribution, storage and service of halal food and
its products based on Islamic rules.
All requirements of this standard are generic and are
intended to be applicable to all organizations in the food chain regardless of
size and complexity. This includes organizations directly involved in one or
more steps of the file food chain.
Guidelines on the application of this standard in all
organizations are contained in the standard for halal Food certification rules.
2. NORMATIVE REFERENCES
The following referenced documents are indispensable
for the application of this standard. The latest edition of the referenced
document (including any amendments) applies.
- CODEX STAN 1, General standard for the labeling of
prepacked foods,
- CAC/RCP 1, Recommended international code of
practice general principles of food hygiene,
- CAC/RCP 58, Code of hygienic practice for meat,
- ISO 22000, Food safety management systems - Requirements
for any organization in the food chain,
- ISO 22005, Traceability in the feed and food chain -
General principles and basic requirements for system design and implementation.
For the purposes of this standard, the following terms
and definitions apply. For terms and definitions not used herein, those found
in the normative references (See Clause 2) shall apply.
3.1. Islamic rules
It means what ALLAH legislates for Muslims which
derive its rules from the Holy Quran, and the honourable Prophet
Mohammed(peace be upon him), practices (Sunnah).
3.2. Halal food
Halal food is the food including drinks, which is
allowed to be consumed according to Islamic rules and that comply with the
requirements mentioned in this standard.
3.3. Prerequisite programmes (PRPs)
Basic conditions and activities that are necessary to
maintain a hygienic environment throughout the food chain suitable for
production, handling and provision of safe final products and safe food for
human consumption.
3.3.1. Good manufacturing practice (GMP)
Actions regarding personnel and building hygiene in
order to ensure safe and healthy production, storage and distribution of food.
3.3.2. Good hygiene practice (GHP)
Measures taken in stages of food chain to ensure the provision
of safe food for consumption.
3.4. Food safety
Concept that food will not cause harm to the consumer
when it is prepared and/or eaten according to its intended use.
3.5. Food chain
All stages involved in the production of food
including processing, production, packaging, storage, transportation,
distribution and supply to the market, from raw material and its origin to
consumption.
3.6. Food additives
Substances added to food to preserve or improve taste,
smell, appearance or use as solvent during the preparation, sorting,
processing, production, packaging, transport, storage for use as raw material
or supplementary material; which may or may not have nutritional value; residue
and derivatives of which may be found in the final product depending on the
chosen technology.
A series of chilled and freezing storage, distribution
and similar activities that are obligatory in order for food products that
require cold chain to preserve its original qualities through food chain.
3.8. Genetically modified food (GMF)
Food and drinks containing products (and/or
by-products) of genetically modified organisms (GMO).
The transfer of gene of other living species to a
plant, animal and microbiological source by genetic modification technologies
and the modifications which are made in DNA of the food.
3.9. Aquatic animals
Aquatic animals are those which live in water and
cannot survive outside.
3.10. Amphibious animals
Animals that live both on land and in water.
4. PRODUCTS/SERVICES
The following products and services are covered by
this standard.
4.1. Meat and meat products
4.2. Milk and dairy products
4.3. Egg and egg products
4.4. Cereal and cereal products
4.5. Vegetable and animal oils and fats
4.6. Fruit and vegetables and their products
4.7. Sugar and confectionery products
4.8. Beverages (soft drinks)
4.9. Honey and its by products
4.10. Dietary supplements
4.11. Genetically modified food (GMF)
4.12. Food additives
4.13. Enzymes
4.14. Micro organisms
4.16. Food service and premises
4.17. Fish and fish products
4.18. Water
4.19. Others
5. REQUIREMENTS
5.1. Sources of food
5.1.1. Food of animal origin
5.1.1.1. Halal animals
The followings are considered as halal animals:---
(a) Domesticated animals such as cattle, buffalos,
sheep, goats, camels, chickens, geese, ducks, and turkeys.
(b) Non-predatory wild animals such as deer,
antelope, chamois, wild cattle.
(c) Non-predatory birds such as pigeons,
sparrows, quails, starlings, and ostriches.
5.1.1.2. Non-halal animals
The followings are considered as non-halal animals:
(a) Pigs, dogs and their descendants.
(b) Animals not slaughtered in the name of Allah.
(c) Animals not slaughtered according to Islamic
rules.
(d) Animals that died by themselves.
(e) Animals with long pointed teeth or tusks
which are used to kill prey or defend themselves such as bears, elephants,
monkeys, wolves, lions, tigers, panthers, cats, jackals, foxes, squirrels,
martens, weasels, and moles, crocodiles and alligators etc.
(f) Predatory birds with sharp claws such as
hawks, falcons, eagles, vultures, ravens, crows, kites, owls.
(g) Pests and venomous animals such as rats,
centipedes, scorpions, snake, wasps, mouse and other similar animals.
(h) Animals which are considered repulsive like
lizards, snails, insects and their larva stages and other similar animals.
(i) Animals that are forbidden to be killed in
Islam such as honeybees and hoopoe.
(j) Donkeys and mules.
(k) Any ingredient derived from the non-halal
animals is not halal.
(l) Farmed halal animals which are intentionally
and continually fed with non-halal food.
5.1.2. Aquatic animals
(a) All kinds of fish with scales, shrimp and
fish egg of fish with scales including their by products are halal. All other
aquatic animals including their by products are halal (See Clause 12.1.2.1 m ).
(b) All poisonous water animals that are harmful
to health are non-halal.
5.1.3. Amphibious animals
All amphibious animals are non-halal.
5.1.4. Food of plant origin
Plants and their products are halal except poisonous
and harmful plants, unless the poisonous and harmful materials are removed.
5.1.5. Blood and other materials of human or animal
origin
All types of blood and its by products are non-halal.
Any liquid and objects discharged from the orifices of
human beings or animals such as urine, placenta, excrement, vomit, pus, sperm
and ova are not halal. Any parts of human are non-halal to be consumed.
5.2. Rules of slaughtering
5.2.1. Requirements of the animals to be slaughtered:
(a) The animal to be slaughtered has to be an
animal that is halal.
(b) A certificate must be issued by a veterinary
authority which attests that animals to be slaughtered are healthy.
(c) The animal to be slaughtered shall be alive
at the time of slaughter. The slaughtering procedure should not cause torture
to animals.
(d) Only animals fed on halal feed are permitted
for slaughtering following the standard veterinary procedure.
(e) If animals have arrived from long distance,
they should first be allowed to rest before slaughtering.
(a) The slaughterer shall be an adult Muslim who
is mentally sound and fully understands the fundamental rules and conditions
related to the slaughter of animals.
(b) The slaughterer shall have a certificate of
halal slaughtering issued by a competent authority supervising matters relating
to health, hygiene, sanitation and rules of halal slaughtering.
5.2.3. Slaughtering tools and utensils
(a) Slaughtering lines, food grade tools and
utensils shall be clean and used for the purpose of halal slaughter only.
(b) Slaughtering tools used for beheading shall
be sharp and made of steel (stainless steel).
(c) Slaughtering tools shall cut by their edge,
not by weight.
(d) Bones, nails and teeth shall not be used as
slaughtering tools.
5.2.4. Slaughtering places
Slaughter places shall be dedicated to halal animals
and halal slaughter only and shall satisfy the requirements of prerequisite
programmes as defined in Codex CAC/RCP 1 or ISO 22000. Physical conditions of
slaughtering places shall fulfill the national legal requirements. The
following shall be provided:---
(a) Landing area which allows convenient space
for health checks.
(b) At the entrance a special slaughtering area,
electrically operated automatic or manually operated roller chain system that is
used to raise the animal.
(c) Automatic, movable or manually operated rail
system equipped with roller chain, which sequences flow of work.
(d) Fixed or movable loading platform and landing
area specially designed for cattle and sheep - goats, which help workers,
handle skinning and carcass preparation with ease and efficiency.
(e) Weighing facilities.
(f) Carcass washing facilities (pressure water,
preferably automatic)
(g) Vessel which contains hot water at all times
for the purpose of washing, disinfecting or sterilizing dirty tools (knives,
hanger etc.), cuvettes holding antiseptic liquid and for hands sink fitted with
a tap operated by foot or knee or by photocell.
(h) Clean and pressure water supply should be
made available at all times.
(i) All disinfectant and antiseptic liquids shall
be suitable for the use in halal food sector.
(a) All forms of stunning and concussion (loss of
consciousness) shall be prohibited. However when the use of the electric shock
becomes necessary and expedient (such as calming down or resisting violence by
the animal), the allowed period and the electric current value for stunning
shall be in accordance with Annex A of this standard.
(b) Stunning (loss of consciousness) of poultry
is prohibited, however if it is necessary and expedient the following
conditions shall be met:---
i. Poultry shall be alive and in stable condition
during and after stunning (loss of consciousness) and upon slaughtering,
ii. The current and duration of the electric
shock, if it is used, shall be as specified in Annex A,
iii. Any poultry that die before the act of
slaughtering shall be considered as dead and unlawful,
iv. Shall be proven to be humane,
v. Shall not reduce the amount of blood after
slaughtering.
5.2.6.. Slaughtering procedure
5.2.6.1. Slaughtering procedure of animals
In addition to Clause 5.2.1, the following
requirements are applied.
5.2.6.1.1. Health checks of animals before
slaughtering
In addition to ante mortem control, the following
requirements are also applied.
(a) Animals to be slaughtered should be checked
by a qualified veterinarian following the standard inspection methodologies.
(b) Animals which have completed 1/3 of their
pregnancy shall not be slaughtered.
5.2.6.1.2. Cleaning and washing of animals
Animals sent for slaughter should be free of faeces,
urine and mud. Dirty animals should be cleaned in paddocks where available or
in areas set aside for washing purposes. It is important to refrain from
slaughtering animals when they are still wet.
5.2.6.1.3. Prevention of mixing of different animals
Special care should be taken to avoid mixing of
different group of animals during their transfer to paddocks, cleaning and
transfer to slaughter area.
5.2.6.1.4. Leading animals to slaughtering area
Animals to be slaughtered shall be led into the
slaughter area by qualified personnel through a corridor using humane methods.
At the end of the corridor that animals are led
through for slaughtering, it should be ensured that animals waiting in the line
are prevented from seeing those being slaughtered, with the help of a movable
curtain or a partition system.
5.2.6.1.5. Procedure
(a) The animal shall be slaughtered, after having
been raised or laid on its left side facing Kiblah (the direction of
(b) At the time of slaughtering the animals, the
slaughterer shall utter tasmiyah “BISMILLAH” which means “In the Name of Allah”
and he shall not mention any name other than Allah otherwise this make it
non-halal. Mentioning the name of Allah shall be on each and every carcass “Zabiha”
(slaughtered animal).
(c) Slaughtering shall be done only once to each
animal. The “sawing action” of the slaughtering is permitted as long as the
slaughtering knife shall not be lifted off the animal during the slaughter.
(d) The act of halal slaughter shall begin with
an incision on the neck at some point just below the glottis (
(e) The slaughter act shall sever the trachea
(halqum), oesophagus (mari) and both the carotid arteries and jugular veins
(wadajain) to enhance the bleeding and death of the animals. The bleeding shall
be spontaneous and complete. The bleeding time shall be sufficient to ensure
full bleeding and complete death of animal.
5.2.6.1.6. Post mortem inspection of carcass and
giblets
Post mortem inspection shall be carried out by a
qualified veterinarian. Judgement on the carcass or parts of carcass shall be
made as stated in the CAC/RCP 58 to meet safety and hygiene requirements.
5.2.6.1.7. Washing and stamping the carcass
Washing, drying, chilling and freezing shall be done
with suitable tools or equipment. Stamping shall be done using food grade ink
containing halal ingredients. Chilling room temperature shall be maximum 4°C.
5.2.6.2. Slaughtering procedure of poultry
In addition to Clause 5.2.1, the following
requirements are also applied.
5.2.6.2.1. Reception of the poultry at the
slaughterhouse and transfer for slaughter
Poultry received at the slaughterhouse shall be
transferred for slaughtering in the shortest time possible.
5.2.6.2.2. Health checks of poultry before
slaughtering
In addition to ante mortem control, the following
requirements are also applied.
(a) Poultry to be slaughtered should be checked
by a qualified veterinarian following the standard inspection
methodologies. Those poultries which are found sick or suspected to be sick or
dead shall immediately be removed or segregated in an isolation area and legal
formalities should be fulfilled.
(b) Received poultry shall be inspected to ensure
already dead or dying poultries are not entering the line.
5.2.6.2.3. Procedure
(a) Slaughterer should grab the head by one hand,
stretching it down tightly and shall cut the throat by a sharp slaughtering
knife held in the other hand according to Islamic rules.
(b) Additionally, religious rules set out in
Clause 5.2.6.1.5 shall be complied with.
5.2.6.2.3.1. Mechanical slaughter
Mechanical slaughtering could be used with existence
of a validation system. Proper labelling shall be applied on the product
showing that it is mechanical slaughtered.
(a) The operator of the mechanical knife shall be
an adult Muslim,
(b) The slaughterer shall recite tasmiyah “BISMILLAH”
prior to switching on the mechanical knife and shall not leave the slaughter
area,
(c) Should the slaughterer leave the slaughter
area, he shall stop the machine line and switch off the mechanical knife. To
restart the operation he or another Muslim slaughterer shall recite tasmiyah “BISMILLAH”
before switching on the line and mechanical knife,
(d) The slaughterer shall repeat the tasmiyah “BISMILLAH”
during each slaughtering operation as long as it is possible and not only at
the time of operating the machine. It is not also allowed to use a recording
device.
(e) The knife used shall be of single blade type
and shall be sharp, and be made of steel (stainless steel),
(f) The slaughter act shall sever the trachea
(halqum), oesophagus (mari) and both of the carotid arteries and jugular veins
(wadajain) to hasten the bleeding and death of the animals,
(g) The slaughterer is required to check that
each poultry is properly slaughtered and any poultry that missed the mechanical
knife shall be slaughtered manually,
(h) If the heads are removed completely by the
mechanical blade, the poultry and their heads shall be considered non-halal,
(i) Bleeding period shall be minimum 180 seconds.
5.2.6.2.3.2. Hand slaughtering on automated poultry
processing plants
Hand slaughtering could be used with existence of a
validation system. Proper labelling shall be applied on the product showing
that it is hand slaughtered.
(a) The slaughterer shall be an adult Muslim.
(b) The slaughterer shall recite tasmiyah ”BISMILLAH” for
each bird.
(c) The knife used shall be of single blade type
and shall be sharp and be made of steel (stainless steel). The knife shall be
moved horizontally and shall cut by their edge not by weight.
(d) The slaughter act shall sever the trachea
(halqum), oesophagus (marl) and both the carotid arteries and jugular veins
(wadajain) to enhance the bleeding and death of the poultry.
(e) The slaughterer is required to check that
each poultry is properly slaughtered.
(f) Bleeding period shall be minimum 180 seconds.
5.2.6.2.4. Plucking
The carcass shall be scalded to ease the plucking
(defeathering) process. Use of hot water and hot air are acceptable as scalding
methods.
5.2.6.2.5. Health inspection of carcass
In addition to post mortem control, the following
actions are required:
(a) Each carcass, after having been washed, shall
be inspected. The inspection shall be done according the meat inspection
regulations or standards of veterinary services of the member states.
(b) In cases where physical examination does not
suffice to reach a diagnosis, suspected substance or sample shall be sent to
the laboratory while the carcass is kept in an area at an appropriate
temperature. A decision should be made in accordance with laboratory testing
results.
5.2.6.3. Slaughtering of other than poultry
5.2.6.3.1. Fish do not need to be slaughtered.
They should be taken from water while still are alive and death should
happen outside the water.
5.2.6.3.2. Halal animals that are hunted and killed
properly after reciting tasmiyah ”BISMILLAH” are regarded as being
slaughtered. Those animals captured alive shall be slaughtered according to the
Islamic rules. Those animals captured dead by hunting animals or birds during
hunting are considered halal unless parts of the dead animal has been eaten by
the hunting animals or birds then it should be Considered as non-halal.
5.3. Meat and meat products
(a) Meat derived from carcasses of halal animals
defined in Clause 5.1 .1 .1 in conformance to Clause 5.2.6.1 and 5.2.6.2 shall
satisfy the legal requirements laid down in Clause 13.
(b) Food Additives such as preservatives used in
meat and meat products shall not contain any non-halal ingredients or using any
processing including processing aids which is not according to Islamic Rules.
5.4. Milk and dairy products
(a) Milk and dairy products. derived from
animals defined in Clause 5.1.1.1 are halal.
(b) Food Additives such as rennet and gelatine
shall not be produced from non- halal products.
5.5. Eggs and egg products
(a) Eggs and egg products obtained from halal
animals as defined in Clause 5.1.1.1 and 5.1.2 are halal.
(b) Egg products shall not contain non-halal
ingredients.
(c) Eggs derived from animals like fish which do
not need to be slaughtered are halal as long as they are safe to be consumed.
5.6. Cereal and cereal products, vegetable and animal
oils and fats, fruit and vegetables and their products, sugar and confectionery
products
All food shall be produced from halal origin using
halal processes.
5.7. Beverages
(a) All kinds of water and non-alcoholic
beverages are halal except those that are poisonous, intoxicating or hazardous
to health.
(b) All products or beverages containing alcohol
are prohibited according to the Islamic rules even for cooking purposes or in
filling in candies.
(c) Food additives such as colorants,
preservatives, etc used in beverages shall not have been produced from non food
grade and non-halal ingredients.
5.8. Honey and its by products
(a) Bee keeping products (honey, bee pollen, royal
jelly) derived from excrements collected by honey bees from plants that are not
harmful to health are halal.
(b) The honeybees falling parts in the honey and
the non avoidable parts are considered to be halal.
5.9. Dietary supplements
Dietary supplements shall be produced or originated
from halal sources such as plant or animals and shall not contain any non-halal
ingredients.
5.10. Genetically modified food (GMF)
5.10.1. Genetically modified organisms (GMO) or
ingredients or products containing GMOs shall not be made by the use of genetic
material which is non- halal.
5.10.2. GMFs which are produced by the transfer of
gene of other living species to a plant, animal and microbiological source by
genetic modification technologies and the modifications which are made in DNA
of the food are used for the production of halal food.
5.11. Food additives
Food additives are regarded as food. Food additives
which are derived from non-halal ingredients are not halal.
5.12. Enzymes
Enzymes used as raw material, processing aid or final
product shall be originated from halal sources and shall be listed on the
label.
5.13. Microorganisms
Microorganisms such as bacteria, fungi, yeast are
halal except those that are poisonous and/or hazardous to health (pathogenic
and toxicogenic to human). Microorganisms used in food or food production shall
be produced using halal culture medium. The yeast extract or other derived
products from them shall not be made from brewer’s yeast.
5.14. Packaging materials
(a) The packaging materials shall not be made
from any materials that are non- halal.
(b) The packaging materials shall not be
prepared, processed or manufactured using equipment that is contaminated with
non-halal materials.
(c) During its preparation; processing, storage
or transportation; it shall be physically separated from any other food that
does not meet the requirements stated in item (a) or (b) or any other non-halal
materials.
(d) The packaging Materials shall not contain any
materials that are considered hazardous to human health.
5.15. Other products
Products which are not included in the above
sub-articles (Clause 5.3 to 5.14) shall not have been produced from non-halal
ingredients and shall not be processed with alcohol and alcohol products.
5.16. Food service and facilities
All food services and facilities are halal if they
meet the following requirements:
(a) If they deal with only those products and
product groups and materials which satisfy the provisions of Clause 5.
(b) If the tools and utensils used during the service
and sale of products are in total isolation and only be in use for halal food.
(c) If a plant normally produces non-halal, but
intends to switch to halal production, it should go through cleaning process
according to Islamic rules (Annex B) before commencing halal production.
Repetition in converting the production to non-halal and back to halal
production shall not be permitted.
(d) They are not allowed to serve alcoholic
beverages at all.
6. FOOD PROCESSING
All processed food is halal if it meets the following
requirements:
(a) the products or ingredients do not contain
any sources that are non-halal by Islamic rules.
(b) the products do not contain anything in any
quantity that is decreed as non -halal by Islamic rules.
(c) the product or its ingredients shall be safe.
(d) the product is prepared, processed or
manufactured using equipment and facilities that are free from contamination
with non-halal materials.
(e) during its preparation, processing,
packaging, storage or transportation it shall be physically separated from any
other food that does not meet the requirements specified in items (a), (b), (c)
and (d) or any other materials that are described as non-halal by Islamic
rules.
7. MACHINERY, UTENSILS, PRODUCTION LINES
(a) Machinery, utensils, production lines used
for processing halal food shall not be made of or contain any materials that
are decreed as non-halal by Islamic rules and shall be used only for halal
food.
(b) In case of converting any processing line
contaminated by any non-halal product into halal production line, it should be
washed and cleaned according to hygiene and sanitary rules. Upon conversion,
the line shall be operated for halal food only. Repetition in converting the
line to non-halal and back to halal line shall not be permitted.
(c) Oils used in the maintenance of machines and
devices that come into contact with the food shall be food grade oil and shall
not contain any ingredients that are non-halal.
(d) Measuring and testing devices used in the
process that affect the product quality or health should be calibrated.
8. STORAGE, DISPLAY, SERVICE AND TRANSPORT
(a) All halal food that are stored, displayed,
sold or served and during transport shall be categorized and labelled as halal
and segregated at every stage so as to prevent them from being mixed or
contaminated with materials that are not halal.
(b) Transport should be compatible with the
nature of the product. Transport vehicles should satisfy hygiene and sanitation
rules.
9. HYGIENE, SANITATION AND FOOD SAFETY
(a) Hygiene, sanitation and food safety are
prerequisites in the preparation of halal food.
(b) Halal food shall be prepared, processed,
packaged, transported and stored in such a manner that they are in compliance
with hygiene and sanitary requirements of Codex CAC/RCP 1 and other relevant
Codex and other international standards.
(c) Chemicals and materials used in hygiene and
sanitation shall be suitable for use in halal food sector.
(d) All food safety measures shall be suitable
for use in halal food sector.
10. VALIDATION AND VERIFICATION
10.1. Validation and verification of methods
Inspections and testing conducted for the purposes of
assessing non-halal sources and content shall be carried out in accordance with
inspection and testing methods that are based on validated and verified methods
recognised at national or international level.
10.2. Validation of processes and verification of
product
(a) Halal food production processes shall be
validated as specified in relevant international standards and halal food
products shall be verified by methods defined in Clause 10.1
(b) Packaging shall be in conformity with
labelling conditions identified in Clause 12.1.2
11. IDENTIFICATION AND TRACEABILITY
(a) Where appropriate, the halal food shall be
identified by suitable means throughout the entire production process. The
halal food status shall be identified with respect to monitoring and
measurement requirements.
(b) Where traceability is a requirement, the
product shall be controlled and the unique identification of the product shall
be recorded.
(c) ISO 22000, ISO 22005 or Codex CAC/RCP 1 gives
the principles and specifies basic requirements for the design and
implementation of a food traceability system for halal food. It can be applied
by an organization operating at any step in the food chain.
12. PRESENTATION FOR THE MARKET
(a) All halal food that are stored, displayed,
sold or served shall be categorized and labelled halal.
(b) Halal food shall be segregated at every stage
so as to prevent them from being mixed or contaminated with non-halal
materials.
12.1. ackaging and labeling
12.1.1. Packaging
(a) Halal food shall be suitably packed using
packaging materials that fulfil the Clause 5.14.
(b) Packaging process shall be carried out in a
clean and hygienic manner and in sound sanitary conditions and temperature
satisfies safety and quality of the product.
(c) Carcass shall be appropriately packed in
clean, new, sound, odourless packages that shall in no way adversely affect the
quality and safety of meat.
12.1.2. Labeling
12.1.2.1. In addition to requirements
specified in ISO 22000 or Codex CAC/RCP 1 and CODEX STAN 1 each
package shall be marked legibly and indelibly or a label shall be attached to
the package with the following information:
(a) name of product,
(b) list of ingredients,
(c) date of expiry,
(d) net content expressed in metric system (SI
units),
(e) name and address of the manufacturer,
importer and/or distributor and trademark,
(f) code number identifying date and/or batch
number of manufacture for traceability,
(g) country of origin,
(h) instruction of use, where applicable,
(i) If any food product contains fats, meat
derivatives or extracts such as gelatine and rennet, these animal originated
content should be declared on the product label,
(j) If a food product contains GMO, this fact
shall be explicitly stated,
(k) when halal mark is used, the authority and
certificate number should be placed on the product,
(l) the nature of product (dried, fresh, frozen,
smoked etc.),
(m) All kinds of fish with scales, shrimp and
fish egg of fish with scales including their by products shall be properly
labeled as “scaled fish”. All other aquatic animals including their by products
shall be properly labeled as “non scaled fish and others”.
12.1.2.2. For primary meat products, in addition
to requirements specified in ISO 22000 or Codex CAC/RCP 1 the label or mark
shall also include the following information:
(a) date of slaughter,
(b) date of processing,
(c) number of veterinary health
report/certificate carrying the corresponding information on carcass,
(d) the stamp shall be tamper proof and the
branding ink shall be stable and of food grade,
(e) each carcass (chilled or frozen) final
packages of special meat cuts shall be branded by authorized organizations’
official stamp, and by the authorized person to indicate that slaughter has
been carried out under the supervision of that competent authority,
(f) when halal mark is used, the authorization
and certificate number should be placed on the product.
13. LEGAL REQUIREMENTS
The product shall in other aspects comply with the
legislation including any relevant requirements currently in force in the
country other than the requirements of this standard.
ANNEX A
(Normative)
Table 1 - Guideline parameters for electrical
stunning
|
Type of animal |
Current (Ampere) |
Duration (second) |
|
Chicken |
0.25-0.50 |
3.00-5.00 |
|
Lamb |
0.50-0.90 |
2.00-3.00 |
|
Goat |
0.70-1.00 |
2.00-3.00 |
|
Sheep |
0.70-1.20 |
2.00-3.00 |
|
Calf |
0.50-1.50 |
3.00 |
|
Steer |
1.50-2.50 |
2.00-3.00 |
|
Cow |
2.00-3.00 |
2.50-3.50 |
|
Bull |
2.50-3.50 |
3.00-4.00 |
|
|
2.50-3.50 |
3.00-4.00 |
|
Ostrich |
0.75 |
10.00 |
Note: Electrical current and duration shall be
validated and determined by the organization, taking into account the type and
weight of the animal and other varying factors.
ANNEX B
(Normative)
Method of cleaning according to Islamic Rules
B1. General requirements
The najs, whether visible
(„ ainiah) or invisible (disappeared or dried up etc.) is
named hukmiah. To cleanse najs:
(a) it is required to wash seven times, one of
which shall be water mixed with soil;
(b) the first wash shall be to clear the
existence of najs, even if a few washes are needed. The water from
first cleaning shall not remain behind and the next wash shall be counted as
the second wash;
(c) the amount of soil used is just enough to
make a suspension; and
(d) the usage of product containing soil is
permitted.
B2. Conditions of the soil
The conditions of the soil are:-
(a) free from najs;
(b) not musta’mal soil. [which had been used
for thy ablution (tayammum)] except after subject to heavy rain.
B3. Conditions of the water
The conditions of the water are:
(a) shall be natural (mutlaq);
(b) not musta mal1 ; and
(c) free from najs.
1Musta’mal water is the water that is less
than twoqullah (approximately 192 L) that had been used for cleansing.
1. Food Hygiene Basic Texts. Food and Agricultural
Organization of the United Nations, World Health Organization,
2. General Guidelines for use of the term Halal CAC/GL
24-1997, The Codex
3. Gulf Standard Specification GSO 0000/2008, Halal
Food Part (1) General Requirement
4. Halal Food Pbd 24:2007,
5. Halal Industrial Production Standards - Published
by JM Food Products Company
6. Halal Standard Requirements and Measures for Halal
Quality BAS 1049:2007,
7. ISO 9001:2005, Quality management systems -
Requirements
8. MS 1500:2004 Halal Food-Production, Preparation,
Handling, and Storage- General Guidelines,
9. Guideline for use of the Brunei Halal Brand -
Ministry of Industry and Primary Resources Brunei Darussalam
10. ES:4249/2003 “Requirements and Provision for
Labelling Halal Food -
11. SASO 2172 “General Requirements for Halal Food”,
12. GS0 993/1998 “Animal Slaughtering requirements
according to Islamic law”
13. The Presidency of Religious Affairs of the
14. TS 5273:1987 “Butchery Animals-Rules for
Slaughtering and Carcass Preparation”, Turkish Standard
15. TS 5925:1988 “Poultry-Rules for Slaughtering and
Carcass Preparing”, Turkish Standard
16. TS 668:2007 “Beef- Carcasses”, Turkish Standard
17. YS 794/2004, “Animal Slaughtering requirements
according to Islamic law”, Yemeni Standard
Acknowledgement of contributions:
This guidelines has been prepared by the
representative of following 01C-SEG Member Countries and the OIC and its Organs
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Islamic |
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People’s Democratic |
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Democratic |
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Palestinian Government |
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Republic ofTajikistan |
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Islamic |
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Government of |
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Great Socialist People’s Libyan |
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The Organization of the Islamic
Conference (OIC) |
COMCEC Coordination Office |
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Islamic Chamber of Commerce and Industry (ICCI) |
Statistical, Economic and Social |
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Islamic Centre for Development of Trade (ICDT) |
The SEG Secretariat nt |
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
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