KOTA KINABALU: A noodle factory in Sabah which had been supplying products using an expired halal certification since 2013 was fined RM25,000, in default six months' imprisonment.
Sessions judge Elsie Primus meted out the fine on Kilang Mee Ban Soon Sdn Bhd after its representative, a 51-year-old director who was not named in court, pleaded guilty to committing an offence under Order 8(b) of the Trade Descriptions (Certification and Marking of Halal) Order 2011, punishable under Article 8(A) of the same Order.
The punishment provides for a fine not exceeding RM200,000 for the first offence and RM500,000 for every subsequent offence.
The factory had supplied 280 units of various noodles namely Mee Laksa Medium Noodle Cap Mee Udang, Mee Laksa Wide Noodle Cap Mee Udang, Mee Laksa Round Noodle Cap Mee Udang, Mee M.B.S and Mee Ban Soon at Kilang Mee Ban Soon Sdn Bhd in Jalan Putatan Kampung Divatto here on Oct 14, 2020.
The facts of the case stated that at 11.30am on the said date, an enforcement team from the Domestic Trade and Consumer Affairs Ministry went to the factory to conduct an inspection.
During the inspection, the enforcement team found the factory had contravened Article 4 (1) of the Trade Descriptions (Certification and Marking of Halal) Order 2011 by using Malaysian Islamic Development Department (Jakim) halal logo to show that the food can be eaten by Muslims.
However, the factory did not have any halal certification from the authority.
During mitigation, the factory director, who was unrepresented, asked for a lenient sentence because his business was not doing well and was greatly affected by the Covid-19 pandemic.
When asked by the court how long the factory had been using the expired halal certification, the director answered: "Eight years."
The factory director also told the court that the factory had applied for the certificate, but was unable to obtain it due to the pandemic.
The prosecution from the Domestic Trade and Consumer Affairs Ministry confirmed that the halal certification expired on Aug 14, 2013 and the factory did apply for the halal certification, but it was still being processed.
The prosecution also informed the court that this was the factory's first offence.
To a question by the court, the prosecution confirmed that this was the first case in Sabah involving a factory.
The factory director paid the fine.