Malaysia releases draft to clarify "non-retail packaging" labeling requirements

1. Clear Definition A new definition for "non-retail packaging" is proposed. "Non-retail packaging" refers to any packaging or container that is not directly sold to consumers. Food in non-retail packaging is used for further processing before being provided to consumers. 2. Clear Labeling Requirements for Non-Retail Packaging A new Article 16A is proposed for the labeling requirements of non-retail packaging, including detailed information that should be identified on the label and other documents. Each non-retail packaging should be marked with a label, which should contain the following details: (1) Food name: The true attribute name of the food or the common name containing its main ingredients. If the main ingredients do not have a common name, a descriptive name that accurately describes the food and is not misleading should be used; (2) Identification code or batch information; (3) Date (validity period or best before date) and storage methods (if the date is related to storage methods); (4) A statement: "Non-retail packaging" "Non-retail use" "Not for direct sale" "Not for direct sale to consumers" or any other similar meaning words; (5) The name and address of the producer, packager, or the agent authorized to produce and package; In addition, the following information should be covered in documents or other forms: (1) Ingredient list; (2) Animal source information; (3) If the food contains added alcohol, the alcohol content should be stated; (4) Allergen information; (5) Net content; (6) Imported food should provide the name and address of the importer in Malaysia and the country of origin of the food. 3. Clear Exemption Conditions Article 17 is proposed to be revised, including the exemption labeling requirements for eligible outer packaging and nutrition labels. The labeling requirements regarding statements containing beef, pork, their derivatives or lard, statements containing added alcohol, ingredient list, allergens, quantitative identification, animal and plant sources of edible oil, and labeling regulations for additives, do not apply to any outer packaging or container (which contains more than one labeled packaged food, and these packaged foods are sold separately from the outer packaging or container when retailed). Any packaging with a total surface area of less than 100 square centimeters that does not make any nutrition claims, as well as reusable glass bottles, bulk containers, and non-retail packaging, are exempt from nutrition labeling. Summary The "Draft Amendment to the Regulations on the Food Law of 1983" will have a significant impact on Chinese enterprises exporting "non-retail packaged" food to Malaysia. The draft clearly and simplifies the labeling requirements for "non-retail packaged" food, emphasizes the importance of batch information and statements, and allows some information to be reflected in other documents. To ensure that the relevant food is smoothly exported to Malaysia, it is recommended that Chinese enterprises continuously monitor the progress of the draft amendment, pay attention to the regulatory trends and interpretation documents released by the Food Partners Network, and also obtain relevant information such as local industry feedback and actual implementation dynamics through Malaysian importers. It is possible to conduct a self-check in advance to confirm whether the packaging classification meets the definition of "non-retail packaging" in Malaysia, and determine the key points of self-check for compliance of "non-retail packaging" labels.