From 1 March 2027, a new rule applies to every imported food in Malaysia. P.U.(A) 298, the Food (Amendment) (No. 3) Regulations 2026, inserts Part IIB into the Food Regulations 1985. Its regulation 3B provides that no person shall import, advertise for sale or sell any imported food unless the food is prepared at food premises that carry out a food safety assurance programme recognised by the Food Safety and Quality Programme of the Ministry of Health Malaysia. Regulation 1(2) of P.U.(A) 298 provides that these regulations come into operation on 1 March 2027.
Flavourings are food under the Act
The Food Act 1983 defines food broadly. Section 2 defines food broadly, covering articles used in the composition or preparation of food or drink and including "any ingredient of such food." A flavouring used as an ingredient falls within that definition. The Food Regulations 1985, regulation 19(1), also treat flavouring substances as food additives. On its face, regulation 3B applies to the import of any food, and a flavouring is food.
What the importer needs before 1 March 2027
Regulation 3B prohibits importing, advertising for sale or selling imported food unless it was prepared at premises carrying out a food safety assurance programme recognised by the Ministry of Health Malaysia's Food Safety and Quality Programme. The condition concerns the preparation premises, but the prohibition applies to the person who imports, advertises or sells. Before 1 March 2027, ask your supplier which programme the manufacturing premises carries out, and confirm its recognition with the Ministry of Health's Food Safety and Quality Programme.
FoSIM and border inspection
The Ministry of Health requires food importers and forwarding agents (customs brokers) to register with FoSIM. Consignments are inspected at six levels. Level 1 is automatic release. Level 2 checks the relevant documents, which include the health certificate, certificate of analysis and licence. Level 5 is hold, test and release. After a Level 5 failure, later consignments from the same exporter face Level 5 inspection. Level 6 is automatic rejection.
Existing import rules for food additives
The assurance programme rule is in addition to the rules already in the Food Regulations 1985. Regulation 19(2)(a) bars importing any food additive other than a permitted one. Regulation 14(9)(b) bars importing expired packaged food. Section 29(1) of the Food Act 1983 prohibits importing any food that does not comply with the Act or any regulation made under it. See also our Malaysia flavouring regulations reference.
What to do now
Before 1 March 2027:
- Ask your supplier which food safety assurance programme the manufacturing premises runs.
- Confirm with the Ministry of Health's Food Safety and Quality Programme whether that programme is recognised under regulation 3B.
- Register as an importer on FoSIM if you have not already done so.
- Prepare the documents Level 2 inspection may check: health certificate, certificate of analysis and licence.
To ask about the documents that come with a VKA flavour for Malaysia, contact our team.
Frequently asked questions
Does regulation 3B apply to flavourings?
The Food Act 1983 defines food to include any ingredient of food. The Food Regulations 1985 treat flavouring substances as food additives. Regulation 3B applies to all imported food, so on its face it covers flavourings.
When does the assurance programme rule start?
Regulation 1(2) of P.U.(A) 298 provides that the regulations come into operation on 1 March 2027.
Which food safety assurance programmes qualify?
Regulation 3B requires recognition by the Ministry of Health Malaysia's Food Safety and Quality Programme. Confirm recognition with that programme before relying on a particular assurance scheme.
