Protection legislation for

holidays makers

MIS-DESCRIPTION OF FOOD,
DRINK AND SERVICES
INTRODUCTION

Food is the basic necessity for the well-being of human.

Recently, food production has been prepared based on the
advancement of modern science and technology. There are
several ingredient sources which have been used in the
production of food products. These ingredients are either
permissible (halal) or prohibited (haram). In addition, there is
a mixing of ingredients such as chemical additives and
synthetic ingredients.

MISDESCRIPTION OF FOOD

The fraudulent misdescription of food contents on product

labels is a widespread problem, particularly with high addedvalue products commanding a premium price. Proving
conclusively that fraud has occurred requires the detection and
quantification of food constituents. These are often
biochemically similar to the materials they replace, making
their identification and measurement extremely difficult.
Despite the fact that food matrices are extremely complex and
variable, a variety of the molecular markers used to physically
map genomes have now been successfully adapted for
detection of food substitution.

MISDESCRIPTION OF SERVICES
INTRODUCTION

"services" includes any rights, benefits, privileges or facilities

that are or are to be provided, granted or conferred under any
contract but does not include rights, benefits or privileges in
the form of the supply of goods or the performance of work
under a contract of service.

services shall be treated as supplied at the time when the

services are provided, granted or conferred.

FALSE OR MISLEADING STATEMENTS AS TO

SERVICES, ETC.

(1) It shall be an offence for any person in the course of any

Trade or business
(a) To make a statement which he knows to be false;
(b) Recklessly to make a statement which is false; or
(c) To make any statement which is likely to deceive or
Mislead any person,

As to any of the following matters, that is to say

(i) The provision in the course of any trade or business of any

services, accommodation or facilities;
(ii) the nature of any services, accommodation or facilities
provided in the course of any trade or business;
(iii) the time at which, manner in which or persons by whom any
services, accommodation or facilities are so provided;
(iv) the examination, approval or evaluation by any person of
any services, accommodation or facilities so provided;
(v) the location or amenities of any accommodation so provided;
or
(vi) the rates or charges for any services, accommodation or
facilities so provided.

OFFENCES UNDER THE TRADE

DESCRIPTION ACT 1972
INTRODUCTION

The Trade Descriptions Act originally came into effect on

November 30th 1968. Since its introduction the legislation has
been altered several times; most notably in 1972, 1987, 1998 and
2010. The Act was introduced to replace the old Merchandise
Marks laws which were essentially created to protect consumers
when purchasing products. In general the Trade Descriptions Act
is involved with the description of goods and it is also concerned
with the prices and services offered with particular goods. The
legislation is a prominent part of the Department of Trade and
Industry. This department is responsible for the enforcement and
monitoring of the Act.

An Act to consolidate and amend the laws relating to

merchandise marks with new provisions prohibiting
misdescription of goods provided in the course of trade and
false or misleading indications as to the price of goods; to
confer power to assign the meaning of any expression or
indication used in relation to the prices of goods, charges or
rates for services, accommodation or facilities and to regulate,
control or prohibit the use thereof in the course of trade or
business; to prohibit the making of false or misleading
statements as to any services, accommodation or facilities
provided in the course of a trade or business; to confer power
to require information or instructions relating to goods to be
marked on or to accompany the goods or to be included in
advertisements; and for related purposes.

FALSE TRADE DESCRIPTION

A false trade description is a trade description which is false

to a material degree.

A trade description which, though not false, is misleading, as

would be false to a material degree, shall be deemed to be a
false trade description.

A false indication, or anything likely to be taken as an

indication which would be false, that any goods comply with
a standard specified or recognized by any person or implied
by the approval of any person shall be deemed to be a false
trade description, if there is no such person or no standard so
specified, recognized or implied

FALSE AND MISLEADING INDICATION

AS TO PRICE OF GOODS

If any person offering to supply goods of any description

gives, by whatever means, any false indication to the effect
that the price at which the goods are offered is equal to or less
than the recommended price, he shall be guilt of an offence.

If any person offering to supply goods gives, by whatever

means, any indication likely to be taken as an indication that
the goods are being offered at a price less than that at which
they are in fact being offered, he shall be guilty of an offence.

OFFENCE UNDER TRADE

DESCRIPTION ORDER 1975

trade description order means an order of the High Court made

under section 16.

Definition Trade Description Order:

that any expressions used in relation to the goods should be

understood as having definite meanings, the Minister may by order
assign such meanings either
(i) to those expressions when used in the course of trade or business
as, or as part of, a trade description applied to the goods; or
(ii) to those expressions when so used in such circumstances as may
be specified in the order.

PROVISIONS AS TO OFFENCES
PENALTY FOR OFFENCES

Any person, other than a body corporate, but including a

director, manager, secretary or other similar officer of a body
corporate, guilty of an offence under this Act or regulations
made there under for which no other penalty is specified
shall, on conviction, be liable to a fine not exceeding one
hundred thousand ringgit or to imprisonment for a term not
exceeding three years or to both and, for a second or
subsequent offence, to a fine not exceeding two hundred
thousand ringgit or to imprisonment for a term not exceeding
six years or to both.

Any person being a body corporate guilty of an offence under

this Act or regulations made there under for which no other
penalty is specified shall, on conviction, be liable to a fine
not exceeding two hundred and fifty thousand ringgit and, for
a second or subsequent offence, to a fine not exceeding five
hundred thousand ringgit.

MISLEADING INDICATION AS TO PRICE

(1) A person commits an offence(a) if he gives to a consumer an indication which is

misleading as to the price at which any goods or services are
available; or
(b) if an indication given by him to a consumer as to the
price at which any goods or services are available becomes
misleading and he fails to take reasonable steps to prevent
the consumer from relying on the indication.

Offence under the food act 1983

INTRODUCTION

Food safety responsibilities throughout Malaysia are

executed through a system of administration including the
central, state, district and local authority levels. Within the
Ministry of Health, the Food Quality Control Unit, which
was established in 1974, is responsible for: the overall
technical supervision of food safety activities; formulation of
legislation, codes of practice and guidelines; determination of
food safety policies; adoption of food sampling and food
premises inspection strategies; and coordination of activities
at the state and district levels.

The principal food law in Malaysia is the Food Act 1983 and
the Food Regulations 1985, which are developed and amended
by the Food Safety and Quality Division (FSQD) of the
Malaysian Ministry of Health (MoH). Food / dietary
supplements are not covered by this Act and Regulations.
Certain food-drug interface products are regulated by the MoH
National Pharmaceutical Control Authority Board (NPCB).

"food" includes every article manufactured, sold or represented

for use as food or drink for human consumption or which enters
into or is used in the composition, preparation, preservation, of
any food or drink and includes confectionery, chewing
substances and any ingredient of such food, drink,
confectionery or chewing substances.

FOOD CONTAINING
SUBSTANCES INJURIOUS TO
HEALTH

Any person who prepares or sells any food that has in or upon
it any substance which is poisonous, harmful or otherwise
injurious to health commits an offence and shall be liable, on
conviction, to a fine not exceeding one hundred thousand
ringgit or to imprisonment for a term not exceeding ten years or
to both.

In determining whether any food is injurious to health for the

purpose of subsection, regard shall be had not only to the
probable effect of that food on the health of a person
consuming it but also to the probable cumulative effect of the
food of substantially the same composition on the health of a
person consuming the food in ordinary quantities.

Effect on agreement of
misrepresentation or fraud by
agent

Misrepresentations made, or frauds committed, by agents acting

in the course of their business for their principals, have the
same effect on agreements made by such agents as if such
misrepresentations or frauds had been made or committed by
the principals; but misrepresentations made, or frauds
committed, by agents, in matters which do not fall within their
authority, do not affect their principals.

Tribunal for Consumer Claims

Malaysia (TCC)

Tribunal for Consumer Claims Malaysia (TCC), is an

independent body set up under Section 85, Part XII of the
Consumer Protection Act 1999. Tribunal operates under the
Ministry of Domestic Trade, Cooperatives and Consumerism.
The main objective of the Tribunal is to provide an
alternative channel to consumers.

Any user can file a claim with the Tribunal claiming for
losses incurred in connection with any matter concerning his
interests as a consumer under the Act.

Jurisdiction of tribunal
The Distribunal shall hear and determine:

(a) any claims in respect of any matter within its jurisdiction

as provided under the act ;
(b) where the total amount claimed does not exceed
RM25,000.00; and
(c) any other matter prescribed by the Minister by order
published in the Gazette.
The Chairman, Deputy Chairman or any other member of the
Tribunal selected by the Chairman, sitting alone shall
exercise the jurisdiction of the Tribunal.

Why do we need protection ?

There are four particular reasons why travel makes

consumers vulnerable to losing money.

First, we almost always need to pay in advance for the

services we book, and often that payment is made months
before we travel, especially in the case of air fares. Even if
initially we make only a 10 per cent deposit, the normal
requirement when buying a package holiday is to pay the full
balance eight weeks before departure. (Incidentally, even if
we don't pay a hotel in advance, we are legally liable to pay
the cost if we cancel and the hotel can't relate the room if it
has our credit card number, the hotel can deduct the amount.)

Second, for most of us, holidays are usually among the most
expensive things we buy in a year, so there is a lot of money
at stake. There is also a lot of emotion involved no one likes
to lose a longed-for holiday.

Third, we risk losing not only our money and our holiday; we
could incur even higher costs. If our travel company fails
while we are abroad, we may be stranded and have to pay
again for our hotel room, and for new flights to get us home
with another airline.

Lastly, because there are already so many ways of protecting

holidays, it's easy to assume that we are protected when we
aren't.

THE END,
THANK YOU