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 3 that have been used: 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.