KUALA LUMPUR, Dec 19 — Johari Abdul Ghani has denied claims that the Malaysia-United States Agreement on Reciprocal Trade (ART) curbs Malaysia’s authority over food safety and agricultural standards.
The investment, trade and industry minister told the Dewan Negara that Article 2.3(b) of the trade pact does not restrict Malaysia’s right to set policies, regulations, and standards for the country’s food safety controls.
Article 2.3(b) under Agriculture states that Malaysia shall not enter into agreements or understandings with third countries that include non-scientific, discriminatory, or preferential technical standards or third-country sanitary and phytosanitary (SPS) measures that are incompatible with US or international standards; or otherwise disadvantage US exports.
In response to Senator Hussin Ismail, who asked specifically about Article 2.3(b), Johari said this clause merely required Malaysia not to act in a discriminatory manner or to give inappropriate priority.
He added that Article 2.3(b) does not violate international standards, such as the World Organisation for Animal Health (WOAH), the International Plant Protection Convention (IPPC), and Codex Alimentarius.
“These principles are in line with Malaysian practice in all existing trade negotiations,” said Johari, who was appointed investment, trade and industry minister last Tuesday, in a written Dewan Negara reply to Hussin on Wednesday.
“This provision does not affect Malaysia’s right to enforce strict food safety control standards. Malaysia retains the right to reject or suspend the entry of agricultural products that pose risks to food safety, public health, or national biosecurity, based on scientific assessments by the relevant regulatory agencies in accordance with international standards.
“In addition, domestic safeguard measures remain in force, including the Food Act 1983 and the Malaysian Quarantine and Inspection Act 2011.
“Accordingly, the government wishes to clarify that Clause 2.3(b) does not undermine national food sovereignty. On the contrary, it will ensure more transparent trade practices and science-based monitoring aligned with international standards, without compromising Malaysia’s ability to protect food safety, public health, and local interests.”
The Investment, Trade and Industry Ministry’s (Miti) parliamentary reply did not address concerns about other clauses of ART that compel automatic recognition of American food safety systems, potentially limiting Malaysia’s ability to carry out its own checks.
Under ART, Malaysia must recognise US food safety and SPS systems for meat, poultry, dairy, and certain agricultural products, streamlining import eligibility by accepting US federal inspection directories and limiting additional approval requirements.
The agreement also commits Malaysia to adopting zone-based restrictions during animal disease outbreaks, such as African swine fever (ASF) and highly pathogenic avian influenza (HPAI), replacing nationwide bans.
The Malaysian Veterinary Medical Association (Mavma) previously told CodeBlue that ART risked weakening Malaysia’s control over food safety, biosecurity, and halal standards, saying “automatic recognition without adequate safeguards could undermine both veterinary authority and consumer trust.”
Mavma president Dr Chee Liung Wun had also said ART’s requirement for Malaysia to adopt zone-based disease controls for HPAI and ASF must be approached with caution.
On his first day in office Wednesday, Johari told reporters that he would review ART and renegotiate any terms considered unfair.
