Kota Kinabalu: A company was fined a total of RM6,500 for having products containing poisons without licence and unregistered products.
Prima Intima Sdn Bhd pleaded guilty through its Director, before Sessions Court Judge Amir Shah Amir Hassan, to two charges against the company on Monday.
One the first count, the company was fined RM5,000 in default warrant for levy to be issued against it for having 28 products unregistered with the Ministry of Health at 11.15am on March 31, 2022 at its premises in Taman Pinetop Villa off Jalan Kobusak, Penampang.
The offence under Regulation 7 (1)(a) of the Control of Drugs and Cosmetic Regulations 1984 and punishable under Section 12(2) of the Drug Sales Act 1952 which carries a jail term of up to three years, or a fine of up to RM50,000 or both, on conviction.
On the second count, the company was fined another RM1,500 or warrant for levy to be issued against it for having five products for sale containing poison and the company has no licence to sell the poison.
The charge states that the products were detected containing Lignocaine which is listed in the First Schedule of the Poisons Act 1952 at the same place and time.
The offence under Section 13(a) of the Poisons Act and punishable under Section 32(2) of the same Act carries a fine of up to RM3,000, or a jail term of up to a year, or both, upon conviction.
In mitigation, counsel Amli Nohin who represented the company (director), asked for a minimum fine only as it was the company’s first offence.
However, Prosecuting Officer Nadia Aini Datu from the Pharmacy Department, urged the court to impose an appropriate sentence saying that the unregistered products and products containing poisons worth RM32,477 were seized during a raid on the premises based on public’s complaint.
She submitted that the products which were not registered with the Health Ministry and the products containing poison without following the correct indications, were not allowed and risked the safety of users.
