1
Submission: Third party certification of food
31 July 2015
Submission by Rev Spencer Gear PhD
Senate Standing Committees on Economics PO Box 6100 Parliament House Canberra ACT 2600 [email protected]
Dear committee members,
This submission will focus only on Halal certification of products (mostly, but not exclusively, food and grocery items) in the Australian context. This is because of the major concern that Halal certification has generated in Australia.1
Your ‘Terms of Reference’2 will be referred, hereafter, as ToR.
The submission deals with: 1. What is Halal? 2. What is Halal certification? 3. Issues relating to Halal certification; 4. Objections to Halal certification; 5. Suggestions for how this inappropriate labelling can be fixed.
Radio National provided this example of various Halal certification symbols that have been used:3
1 These are samples and not exhaustive examples: (1) ABC Fact Sheet 2015. Fact check: Does halal certification fund terrorism? (online) 21 April. Available at: http://www.abc.net.au/news/2015-04-14/fact-check-does-halal-certification-fund- terrorism/6383238 (Accessed 31 July 2015). (2) ABC News 2015. How does Halal certification work? (online) 13 April. Available at: http://www.abc.net.au/news/2015-04- 13/how-does-halal-certification-work/6390254 (Accessed 31 July 2015). (3) ABC News Fact Check 2015. Fact file: Halal certification, food exports and terrorism (online), 14 April. Available at: http://www.abc.net.au/news/2015-04-14/fact-file-halal-certification-and-food- exports/6383246 (Accessed 31 July 2015). (4) Sam Phillips 2015. Halal certification: Frequently asked questions answered (online), The Courier-Mail, 29 July. Available at: http://www.perthnow.com.au/business/companies/fact-vs-fiction-in-halal-certification- debate/story-fnkjkokt-1227462138699?sv=6a8351943184a005ae428bdef3a1f592 (Accessed 31 July 2015). 2 Parliament of Australia 2015. Senate, Third party certification of food, Terms of Reference (online). Available at: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/Food_Cert_S chemes/Terms_of_Reference (Accessed 30 July 2015). 2
1. What is Halal?
One of the recognised Islamic bodies for Halal certification in Australia, Halal Australia (hereafter HA), in its article, ‘Clarifying misconceptions about Halal’, stated: ‘The word Halal is derived from the Arabic language and means “acceptable” or “permissible”, relating to the source of the produce or ingredients, the cleanliness of premises, preparation methods and the final product’. 4
Also, ‘because many food products may contain a combination of Halal and non-Halal ingredients, some food companies choose to have their products assessed for halal suitability in order for Muslims (locally or importing countries) to be able to clearly identify which products they may consume’.5
The opposite of Halal is ‘haraam’ or ‘haram’, which means ‘forbidden’ or sinful.
The World of Islam states:
The following products are definitely Halal:
1. Milk (from cows, sheep, camels, and goats) 2. Honey 3. Fish
3 Cameron Wilson 2014. What's the big fuss about Halal certification? Radio National (online). Available at: http://www.abc.net.au/radionational/programs/bushtelegraph/halal/5843904 (Accessed 28 July 2015). 4 Halal Australia n d. Clarifying misconceptions about Halal (online). Available at: http://www.halal-australia.com.au/clarifying-misconceptions-about-halal/ (Accessed 27 July 2015). 5 Ibid. 3
4. Plants which are not intoxicant 5. Fresh or naturally frozen vegetables 6. Fresh or dried fruits 7. Legumes and nuts like peanuts, cashew nuts, hazel nuts, walnuts, etc. 8. Grains such as wheat, rice, rye, barley, oat, etc.
Animals such as cows, sheep, goats, deer, moose, chickens, ducks, game birds, etc., are also Halal, but they must be Zabihah (slaughtered according to Islamic Rites) in order to be suitable for consumption. The procedure is as follows: the animal must be slaughtered by a Muslim. The animal should be put down on the ground (or held it if it is small) and its throat should be slit with a very sharp knife to make sure that the 3 main blood vessels are cut. While cutting the throat of the animal (without severing it), the person must pronounce the name of Allah or recite a blessing which contains the name of Allah, such as "Bismillah Allah-u-Akbar".6
How is it possible for non-Muslim Australians – infidels – to slaughter animals with this requirement for Halal, and thus Halal certification, without following Muslim requirements, hiring and involvement for Halal certification?
Raihan Ismail, an associate lecturer in the Centre for Arab and Islamic Studies at Australian National University, stated that ‘halal food for Muslims is prescribed by the Koran’. The Islamic connection was affirmed by her:
‘Halal is also developed by Islamic scholars based on Islamic verses and also the Islamic tradition," she said.
Dr Ismail said halal beef and lamb must be slaughtered according to Islamic practices, with clean instruments that are pork and alcohol free.
It should be done in the presence of a Muslim who must say "Bismillah ir-Rahman ir-Rahim", which she says means "in the name of Allah", when the animal is slaughtered’.7
There is more to Halal certification than paying a fee to a certified Halal organisation that promotes Islam, according to Dr Ismail. It is imposing a Muslim requirement so that certification can be avowed.
What is forbidden for Muslim people? According to the World of Islam, that which is haraam is:
1. Meat from swine - pork, ham, gammon, bacon, etc
6 World of Islam n d. Halal / Haraam (online). Available at: http://special.worldofislam.info/Food/halal_haram.html (Accessed 31 July 2015). 7 ABC FactCheck 2015. Fact file: What is halal food? (online) 14 April. Available at: http://www.abc.net.au/news/2015-04-14/fact-file-what-is-halal-food/6383242 (Accessed 30 July 2015). 4
2. Pork-based products and by-products - sausages, gelatine etc
3. Animals improperly slaughtered, or already dead before slaughtering is due to take place
4. Animals killed in the name of anyone other than Allah.
5. Intoxicants
6. Most carnivorous animals, birds of prey and land animals without external ears (i.e., snakes, reptiles, worms, insects etc.)
7. Blood and blood by-products
8. Foods contaminated with any of the above products.8
ABC News Fact Check, ‘What is halal food?’ stated:
Vegemite, for example, is certified halal by The Australian Federation of Islamic Councils by virtue of being made on a dedicated production line where it doesn't come into contact with any animal-derived ingredients, and with yeast processed to ensure it is alcohol free.
Dr Ismail [an associate lecturer in the Centre for Arab and Islamic Studies at ANU] says these products appeal to Australian Muslims who rigidly observe halal, but halal certification also benefits the food industry because it increases trade exports, particularly to the Middle East and South East Asia.
"It's a commercial decision and Australia makes a lot of money from doing that," she said.
Hundreds of food products found in Australian supermarkets have halal certification, including household name brands such as Nestle Crunch bars, Maggi Two Minute Noodles and Kellogg's Coco Pops.9
The Islamic connection cannot be minimised for Halal certification according to Dr Rahin Ismail and the World of Islam.
2. What is Halal certification ToR(a): ‘the extent of food certification schemes and certifiers in Australia including, but not limited to, schemes related to organic, kosher, halal and genetically-modified food and general food safety certification schemes’.
HA stated:
8 Ibid. 9 ABC FactCheck 2015. Fact file: What is halal foot? op cit. 5
‘Halal Australia has no power to enforce any tax, religious or otherwise, on the citizens of Australia under any circumstances. Companies that seek halal certification pay a flat fee that covers the cost of site accreditation and product certification and periodic audits as needed. These fees are in line with those that companies pay to have other elements of their business certified and audited each year to help meet the requirements of other dietary needs, such as organic, vegetarian and kosher, or to ensure compliance from a quality assurance (QMS) and food safety (HACCP) point of view. To the best of our knowledge, the fees paid by companies to have their products certified are not carried over to the consumer’ (emphasis added).10
I consider this to be a naïve statement that fees are not passed on to consumers. As any business wanting to make a profit knows, all costs influence the final price to the consumer. It is demonstrating a credulous approach to business to consider that Halal certification is ‘not carried over to the consumer’. Dick Smith products make it clear that costs will be passed on to the consumer (see below).
As of 12 May 2015, The Australian Government’s Department of Agriculture listed 22 recognised Islamic bodies for Halal certification of red meat and red meat products for export.11
Muslims Australia (formerly Australian Federation of Islamic Councils Inc.) stated with regard to Halal certification: ‘The Client, where applicable must: Pay to AFIC the royalty according to AFIC Schedule of Fees as amended from time to time’.12 It does not describe this fee as a tax or surcharge but as a royalty. The exact amount of this fee per business was not stated by Muslims Australia.
HA’s view was that
‘The additional income produced by a company that gains halal certification and accreditation belongs to the company (not Halal Australia) and contributes millions of dollars to the Australian economy every year – far more than anything that is paid for the certification itself’.13
However, this does not take into consideration the number of Australians who object to and refuse to purchase Halal certified products for a number of reasons, including conflicting religious beliefs.
10 HA n d. Clarification, loc cit. 11 Commonwealth of Australia 2015. Australian Government, Department of Agriculture, List of recognised Islamic bodies for Halal certification of red meat (online). Available at: http://www.agriculture.gov.au/export/food/meat/elmer-3/list-islamic-halal-certification (Accessed 28 July 2015). 12 Muslims Australia 2013. Halal certification (online). Available at: http://muslimsaustralia.com.au/halal-accreditation-2/ (Accessed 28 July 2015). 13 HA n d. Clarification, loc cit. 6
3. Issues relating to Halal certification
(Courtesy hotheads)
a. All Australians share the cost of the royalty (fee)
This relates to ToR(e): ‘details regarding certification fees paid by food producers and/or manufacturers, and the potential for these to impact on prices for consumers’.
HA stated:
• ‘The service fees paid to Halal Australia for halal certification and accreditation are used to maintain the normal costs of running a registered business in Australia. These include overhead costs such as utilities, rent, inventory and supplies, and employee salaries, as well as income taxes paid to the Australian government. Inspection fees also include auditing services, which are undertaken to maintain quality control of the premises and products and which cover standard expenses such as service, transportation and travel time’. • ‘Halal certification profits DO NOT go towards supporting any terrorist activities or violent politically motivated religious organisations. Nor do we have anything to do with any organisation or group anywhere in the world that incites violence and are not aligned with our values of freedom, egalitarianism, equality of opportunity, and mutual respect and tolerance’ (emphasis in original).14
Please understand that the statement, ‘to maintain the normal costs of running a registered business in Australia’, leaves out one important word. It should read, ‘to maintain the normal costs of running a registered Islamic business in Australia’.
This imposition on all Australian consumers of Halal certified products is done without the authorisation and permission of non-Muslims, who constitute 98% of Australia’s population (see below). To refuse to eat Halal certified foods
14 HA n d. Clarifying, loc cit. 7 excludes many of us from a large chunk of our menu. I find it an immoral action when a religion’s requirements are forced on non-Muslims.
Sam Phillips (2015) reported:
Are costs incurred by businesses in certifying products as halal passed on to consumers in store?
Coles: “Many Australian suppliers prepare their products to Halal specification so that they can be made available to the widest possible range of customers and also exported to other markets outside of Australia.”
“By increasing their overall market, suppliers are able to reduce their costs of production, resulting in lower prices for Coles customers.”15
That’s not the view of Dick Smith’s Aussie Grown Foods, which stated:
We have received a number of letters from people asking if we will be putting the Muslim Halal logo on our food.
To acquire Halal certification, payment is required to the endorsing body and involves a number of site inspections of both our growers and processors in order to ensure that our practices comply with the conditions of Halal certification. It is important to note that this does not reflect the quality of the food being processed or sold – it only means that the products are approved as being prepared in accordance with the traditions of the Muslim faith.
We are aware of an increasing number of large companies both in Australia and overseas, such as Kraft and Cadbury, who have obtained accreditation to use the Halal logo. We don’t believe they have done this because of any religious commitment but rather for purely commercial reasons. Perhaps these large organisations can afford to do this. While we have a choice however, we would prefer to avoid unnecessarily increasing the cost of our products in order to pay for Halal accreditation when this money would be better spent continuing to support important charitable causes where assistance is greatly needed.16
It is common business practice that added costs are factored into the final price that a customer pays. What seems to be missing from some of the argumentation by journalists or businesses that argue that ‘by increasing their overall market, suppliers are able to reduce their costs of production, resulting in lower prices for Coles customers’, there are those who oppose Muslim
15 Sam Phillips 2015. Halal certification, loc cit. 16 Dick Smith’s Aussie Grown Foods n d. Halal certification on our food (online). Available at: http://www.dicksmithfoods.com.au/media/news/halal-certification-our-food (Accessed 28 July 2015, emphasis added). 8
Halal certification who may be driven away from purchasing Halal products. That would be an interesting survey to conduct to investigate who in the Australian marketplace try not to purchase Halal certified products.
What is the cost of certification? Phillips quoted an unnamed meat processing director: ‘We pay 60 cents per head for our certification fee and when you start adding up the money we get for lung, liver and heart overseas, you’re looking at an extra $50 per head in revenue through halal certification. It provides revenue to the Australian market by using the whole carcass and selling it overseas, you can’t give away lung here but it can be sold in Asian countries for a couple of dollars per kilo’. Then he cited Nick Hutchinson, Fleurieu Milk and Yoghurt: ‘It costs us $1000 a year to be certified and it works out to cost an extra $0.002 per product per year, which is then just absorbed in house, nothing passed onto consumers at all’.17
• That’s not the full story
The Courier-Mail in 2013 reported that
QUEENSLAND abattoirs are being slugged thousands of dollars a month through a religious levy on meat exports so powerful Muslim clerics in Jakarta can raise money for Islamic schools and mosques.
The Halal certification fees can cost some meat processors up to $27,000 a month.
The Indonesian Council of Ulama (MUI), the top Islamic body which orders fatwa religious rulings, has even banned a Brisbane business from operating - because it was not charging Queensland abattoirs enough to give the religious tick-off to export meat.18
c. Halal certification and freedom of religion
Why is this Halal certification, a religious practice, endorsed in Australia, a country that grants freedom of religion?
The Commonwealth of Australia Constitution Act – Section 116 – states that the Commonwealth is not to legislate in respect of religion: ‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any
17 Phillips (2015). Halal certification, loc cit. 18 Natasha Bita Komang Erviani 2013. Religious levy costs abattoirs thousands each month (online), The Courier-Mail, 20 October. Available at: http://www.couriermail.com.au/news/queensland/religious-levy-costs-queensland-abattoirs- thousands-each-month/story-fnihsrf2-1226743106235 (Accessed 31 July 2015, emphasis in original). 9 religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth’.19
When Halal is an Islamic requirement and the government is approving Halal certification for many manufacturers across Australia, with licensing of 22 Halal certification Muslim organisations, it seems to me that the federal government is legislating in respect of a religion – Islam. It is giving permission for imposing a religious observance on all Australians who purchase that product. This happens without a clear statement that Halal certification is a Muslim requirement that the Commonwealth government supports. And 98% of Australians are non-Muslims,
I find this Halal certification to be an imposition of a religious practice on Australians who do not support that practice. It does not matter if the product tastes no different with Halal certification, the fact is that the government has authorised a Muslim practice on foods and other products – it has endorsed a religion which Section 116 of the Constitution says should not be done. Or does the government think it can get away with it by through the disguise of ‘Halal certification’?
That leads to
b. My considerable concerns
ToR(f): ‘the importance of food certification schemes in relation to export market access and returns to producers’.
The above anomalies in fees for the Halal certification levy should be enough to cause Australians to ask and pursue answers:
• Why the disparity in impact of Halal fees, ranging from ‘by increasing their overall market, suppliers are able to reduce their costs of production, resulting in lower prices’ to ‘we would prefer to avoid unnecessarily increasing the cost of our products in order to pay for Halal accreditation’ and ‘Halal certification fees can cost some meat processors up to $27,000 a month’? • A fee of $27,000 a month MUST IMPACT the final price of the product – and all in the name of promoting Islam (see below). Even The Courier-Mail admitted it was ‘a religious levy’.20 • Forcing Australian producers to pay such a religious levy – and so promote the religion of Islam (see below) – should not be something that the 98% of non-Muslim Australians pay. • South Australian Senator Cory Bernardi has reported that he has ‘heard from people who have been intimidated into paying for certification even though they didn’t want to’. 21
19 Commonwealth of Australia Constitution Act 2013. Section 116, Commonwealth not to legislate in respect of religion (online). Available at: https://www.comlaw.gov.au/Details/C2013Q00005 (Accessed 31 July 2015). 20 Bita Komang Erviani 2013. Religious levy costs abattoirs, loc cit 10
• As already indicated, this certification imposes a religious practice on Australians who make purchases of these products, when they do not support such a praxis. I find this to be an unethical imposition.
c. Current labelling
ToR(c): ‘current labelling requirements of food certification schemes’. ToR(d): ‘whether current schemes provide enough information for Australian consumers to make informed purchasing decisions’.
Current labelling is significantly inadequate. All products should have a clear Halal or non-Halal certification label on the package or product so that consumers can see the symbol and make mature decisions on whether or not to support Halal. This is not currently the case. Here was one example from 2010:
‘Halal products – avoid’ (Facebook, 29 October 2010). On the outside of this Kraft Coon cheese package, there was nothing to indicate it had Halal certification. That was discovered only when the package was opened and the Halal symbol was visible. 22 This deception should cease immediately.
4. Objections to Halal certification
ToR(g): ‘the extent and adequacy of information available to the public about certifiers including, but not limited to, certification processes, fees and financial records; and any related matters’.
a. Pushing Islam in the name of Halal certification
21 Cory Bernardi 2015. Getting to the bottom of the halal certification racket. Corybernardi.com (online), 25 March. Available at: http://www.corybernardi.com/2015/03/25/halal/ (Accessed 28 July 2015). 22 Available at: https://www.facebook.com/BH.Australia/photos/a.201847723297372.1073741825.131315043 683974/201847726630705/ (Accessed 31 July 2015). 11
In its clarification about Halal certification, HA has stated that
‘the pure and unaltered teachings of Islam as well as the tradition of our Prophet Muhammad (peace be upon him) encourage a harmonious and peaceful way of life and forbid injustice or aggression against any living creature, whether animal or human being. Instead, we are taught to have respect for all – regardless of religious beliefs, race, or ethnicity’.23
This demonstrates that Halal certification is associated with the promotion of Islam, ‘the pure and unaltered teachings of Islam as well as the tradition of our Prophet Muhammad’. No matter how much Halal certification looks like a certification process paying royalties, it also involves promotion of Islam, implicitly and explicitly (as on the HA website), in the name of certified food requirements.
Most Muslims in Australia are living peaceful lives as they adhere to ‘the pure and unaltered teachings of Islam’ but the idea that Islam encourages ‘a harmonious and peaceful way of life’ seems to overlook some rather frightening verses in the Quran. These are but a few examples:
• ‘And fight them until there is no fitnah [disbelief, i.e. non-Muslims] and [until] the religion, all of it, is for Allah. And if they cease - then indeed, Allah is Seeing of what they do’ (Surah 8:39). • ‘O Prophet, urge the believers to battle. If there are among you twenty [who are] steadfast, they will overcome two hundred. And if there are among you one hundred [who are] steadfast, they will overcome a thousand of those who have disbelieved because they are a people who do not understand’ (Surah 8:65) • ‘Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah [tax on non- Muslims] willingly while they are humbled’ (Surah 9:29). • Islam’s prophet Ishaq stated, ‘Crushing the heads of the infidels and splitting their skulls with sharp swords, we continually thrust and cut at the enemy. Blood gushed from their deep wounds as the battle wore them down. We conquered bearing the Prophet’s fluttering war banner. Our cavalry was submerged in rising dust, and our spears quivered, but by us the Prophet gained victory’ (Ishaq 578).
With this kind of influence from Islam’s holy book and its prophets, I find it misleading to state that its religious teachings ‘encourage a harmonious and peaceful way of life and forbid[s] injustice or aggression against any living creature’ when it has this kind of influence to slaughter the infidels, who are all non-Muslims.
However, ‘Dr Muhammad Khan, the CEO of Halal Australia, says there is nothing wrong with money from Halal certification going to mosques. “It is
23 HA n d. Clarifying, loc cit. 12 absolutely not necessary to talk about this subject matter,” he says’.24 This is where he is wrong. People as consumers need to know if they are buying products that are supporting a religion with which they may agree or disagree. It’s a matter of ethics. People need to know that Halal certification is supporting Islam. It’s time Dr Khan recognised that if he wants Halal certification to support mosques, Australians need to know that up front. That has not been clear until this debate was brought into the open in the last few years.
I want to make an informed choice when I purchase a product and do not want another religion foisted on me. After all, the Australian Constitution grants me freedom of religion. I do not want some portion of my purchase at, say, the supermarket sent to a religion with which I disagree. That is happening with Halal certification.
Here’s the rub:
b. Two percent forcing beliefs on 98% of Australians
The Ipsos Mori poll conducted across 14 countries found that 2 percent of the Australian population is Muslim.25 The Australian Department of Social Services gave the number of Muslims as 340,393 in the 2006 Australian census of population.26
So, widespread Halal certification of foods and other products in Australia is all for the sake of 2% of our population and it involves imposing an Islamic practice on 98% of the nation. While I’m not a lawyer, this practice has an awful whiff of possible violation of freedom of religion guaranteed by Australia’s Constitution. I consider that this aspect should be investigated by the Senate’s committee pursuing this issue.
5. Fixing the problem
These are some suggestions for fixing the Halal certification issue that is causing a ruckus with some people. The following comments are not racist or discriminatory, but are designed to provide practical alternatives to the current promotion of Islam, all in the name of Halal certification.
a. Make certification labels clear
24 Cameron Wilson 2014. What’s the big fuss about halal certification? (online) Radio National, 27 October. Available at: http://www.abc.net.au/radionational/programs/bushtelegraph/halal/5843904 (Accessed 31 July 2015). 25 Michael Safi 2014. Australians think Muslim population is nine times greater than it really is (online). The Guardian, 30 October. Available at: http://www.theguardian.com/australia- news/datablog/2014/oct/30/australians-think-muslim-population-nine-times-greater (Accessed 27 July 2015). 26 Muslims in Australia Snapshot n d. Department of Social Services (online). Available at: https://www.dss.gov.au/sites/default/files/files/settle/multicultural_australia/Muslims_in_Austra lia_snapshot.pdf (Accessed 27 July 2015). 13
Many products are not clear in identifying that they are Halal certified. Therefore, I endorse the Halal Choices organisation’s view (I have no association with that entity) of contacting manufacturers:
As an Australian consumer I would like to make an informed choice about the purchases I make. I ask that you would clearly identify on your products which ones have been subject to halal certification.
I do not wish to support any brand that pays an Islamic religious tax to have their product halal certified. Less than 2% of this population is Muslim and I do not want to fund special religious rituals or political campaigns to increase the presence of Sharia Law in Australia.
Please respect consumers and give them/us the necessary information so we can make our own choices. Please, also consider carefully what you are funding when you pay halal certification fees. The Koran says food must be halal but certification is a modern day tax imposed on a majority of people who do not submit to the Islamic religion and Sharia law.27
It would be helpful for me for non-Halal manufacturers to include ‘not Halal’ symbols on their products.
b. Exclusive Halal certified producers & retailers
If manufacturers and retailers want to support the Islamic controlled Halal certification programmes in Australia and for export to Muslim countries, develop exclusive Halal manufacturing cites that are designed to produce for the very small Australian market of 2% Muslims and for the export market. If these manufacturers and retailers want the rest of the Australian market (98% of the population), then make sure the majority of their products do NOT have Halal certification. This is for sales at home and for export to non-Muslim countries.
6. Conclusion Halal certification is forcing a prominent part of the Islamic religion on the Australian population. I find this to be a deceptive tactic of disguise to raise funds for the Islamic cause.
The Australian government needs to expose this game plan rather than promote it.
Yours sincerely,
Spencer Gear
27 Halal Choices 2011. Available at: http://www.halalchoices.com.au/take_action.html (Accessed 31 July 2015).