Kota Kinabalu: Two companies was fined a total of RM17,000 by the Magistrate’s Court here for selling adulterated food last year.
Kim Guan Hap Kee Sdn Bhd, represented by its manager and Myxo Company Sdn Bhd, represented by its director, pleaded guilty separately before Magistrate Wan Farrah Farriza Wah Ghazali to committing the offence under Section 13B of the Food Act.
Each company was fined RM8,500 or 10 months jail.
Kim Guan Hap Kee, as an importer was found to have selling mixed food - ‘Energy Drink Carbonated’ that contains Caffeine as much as 262mg/L exceeding the set standard of 200mg/L at its warehouse at Nountun Baharu, Inanam at 11.40am on Aug 9, 2023.
Myxo was found to have selling Green Tea Mix which contained Tartrazine, Sunset Yellow PCF and Brilliant Blue FCF dyes at it premises at Kian Yap Industrial Estate in Kolombong, at 10.20am on Sept 13, 2023.
The company was found to have violated Rules 260(3) of the Food Regulations 1985.
The charge against the companies provides for a fine of up to RM20,000 or a jail term of up to five years on conviction, as stated as punishable under Section 13B(4) of the Food Act 1983.
Kim Guan Hap Kee’s manager requested a lower fine as it was their offence.
Health Prosecuting officer John Raynold Achon, applied for an appropriate sentence as a lesson to both companies for the sake of public health and well-being and to emphasise the importance of public health in selling food imported from foreign countries, as the offence committed was serious.
“Caffeine is a type of chemical stimulant found in drinks such as tea, coffee, chocolate drink or carbonated water and in other words, is a type of drug that can affect a person’s health if taken excessively.
“The effect for those who consume excess caffeinated substances can experience some initial symptoms, but most individuals often take it lightly as the signs of excess caffeine in the body are usually not very serious.
“If taken lightly, signs of excess caffeine in the body can worsen resulting in symptoms that require medical attention, including difficulty breathing, hallucinations, mental confusion, chest pain, uncontrolled muscle movements, fast or irregular heartbeat, convulsions, arrhythmia and effects on the kidneys,” said John on the first case.
Meanwhile, Myxo’s director requested a lower fine as it was their first offence and that they did not know that the product was problematic and they are no longer selling the products.
John submitted that Tartrazine, Sunset Yellow FCF and Brilliant Blue FCF are synthetic colouring chemicals that produce a green colour that have been detected after an analysis of Green Tea Mix “Chatramue Brand” foods that contain any unauthorised additives.
“Effects from intake can cause allergies to sensitive individuals, especially to asthmatics and aspirin intolerance.
“It is also capable of being toxic in high doses. Among the symptoms of this chemical poisoning are restlessness, migraines, depression, blurred vision, itching, sleep disorders, shortness of breath and hyperactivity in children.
“It can have severe side effects on the health of the public who drink the drink,” said John. Both companies paid the fine.
