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TAWAU: A company producing soy sauce, sauces and condiments as well as packaging was fined RM10,000 by the Magistrate’s Court on Tuesday for failing to comply with the notice of recall the products.

Haribah Industries Sdn Bhd, represented by one of its Board of Directors, pleaded guilty before Magistrate Don Stiwin Malanjum.

The company failed to comply with the notice to recall under the Food Act 1983, as stated in Section 13C(1) of the Food Act 1983.

The company committed the offence at the premises of Borneo Beef Sdn Bhd, Jalan Apas at around 3.11pm on Aug 14, 2023.

The court also ordered that all confiscated products be disposed of by the Tawau Area Health Office.

The prosecution in tendering the facts of the case, informed the court that the company was found to have failed to comply with the Notice to recall when there were still sales of its food products in the market (the premises) even after the expiry given.

The company’s products were confiscated by a team of Environmental Health Officers from the Tawau District Health Office who monitored products that had expired notices at the premises.

The company had committed an offence under Section 13(1) of the Food Act 1983 and punishable under Section 13C(3) of the same Act, which provides for a fine of not more than RM100,000 or imprisonment for not more than 10 years or both, if convicted.

Tawau Health Office Prosecuting Officer Yusri Umasa prosecuted while the company was defended by counsel Jhesseny P. Kang.

Earlier, Jhesseny requested for a minimum fine against the company which promised to comply with the rules set in the future.

In the present case, he said, the company had tried to comply with the order to recall their products from the market, but some of them could not be reached after a short time, in addition to some products being out of range and area.

The company paid the fine.

It was the company’s second time being charged in court as previously the company was fined a total of RM5, 500 for the same two charges, in the same court on Dec 29, 2023.