Kota Kinabalu: The Magistrates’ Court here, Tuesday, fined a company a total of RM10,500 on three counts of importing snacks that contained sulphur dioxide, a preservative, in amounts exceeding the permitted level.
THT Distribution (Sabah) Sdn Bhd representative pleaded guilty before Magistrate Lovely Natasha to committing the offences at its premises at Taman Industri Warisan Indah, Inanam Mile 7, Jalan Tuaran on Feb 20, this year, at 11.45am.
The company was found to have imported Crispy Fish BBQ, Crispy Fish Original and Satay Sticks. Each product contained sulphur dioxide (SO₂) at levels of 314 mg/kg, 379 mg/kg, and 81 mg/kg, respectively, exceeding the permitted limit of 30 mg/kg (Codex Alimentarius) in Regulation 19(2)(b)(ii) of the Food Regulations 1985.
The company was ordered to pay a fine of RM3,500 or a warrant of levy to be issued on each charge.
The company as an importer had committed an offence under Regulation 19(2)(b)(ii) of the Food Regulations 1985 read with Section 13B(2)(e) of the Food Act 1983 and punishable under Section 13B(4) of the same Act which provides for a fine of up to RM20,000 or jail term of up to five years, or both, on conviction.
Health prosecuting officer Arnila Ahmad told the court that enforcement officers from the Sepanggar Port Health Office went to the premises and took a sample of the Crispy Fish BBQ, Crispy Fish Original and Satay Sticks, which were then sent to the Kota Kinabalu Public Health Laboratory for analysis.
The analysis result dated March 5, this year, stated that the food contained sulphur dioxide which exceeded the standard set as stated, the court heard.
The representative requested a lower fine and admitted that it was the second time the company had committed a similar offence with different items.
Arnila applied a deterrent sentence to prevent the company from repeating such an offence, prioritising public health.
Sulphur dioxide is a type of preservative used in food but must not exceed 30 mg/kg because when it exceeds the standard set, it causes fatigue in sensitive individuals if inhaled or ingested, the court heard.
As an importing company, the business must adhere to the Food Regulations 1985 and not focus solely on profit, said the prosecution.
Arnila also informed the court that the same company had a previous conviction, having been fined RM5,500 by the Magistrates’ Court last year on two counts of similar offences for importing food from the same factory in Thailand.
The prosecution stated that the company should have been more cautious when sourcing supplies from the same factory.
