KOTA KINABALU: Two companies were each fined by the Magistrate's Court here for a separate charge under the Food Act.
Kim Guan Hap Kee Sdn Bhd and MYXO Company Sdn Bhd were each fined RM8,500 in default 10-month jail after the company representative pleaded guilty to their respective charge before Magistrate Wan Farrah Farriza Wan Ghazali.
For Kim Guan Hap Kee Sdn Bhd, the company as an importer of "Energy Drink Carbonated", had sold the product containing 262 mg/L of caffeine. Under the law, it should not be more than 200mg/L.
The offence took place at the company's Gudang in Jalan Tuaran, Inanam on Aug 9, 2023 at 11.40am.
The company had violated Section 13B(1) of the Food Act 1983 which is punishable under Section 13B(4) of the same Act. The punishment provides a maximum fine of RM20,000 or jail not more than 5 years, upon conviction.
As for MYXO, the company sold "Chatramue Brand Green Tea Mix" containing Tartrazine colouring, Sunset Yellow FCF, and Brilliant Blue FCF.
The offence took place on Sept 13, 2023 at 10.20am at the company's premises in Kian Yap Industrial Estate, Kolombong.
In mitigation, the companies' representative asked for leniency saying among other things that it was their first offence. The representative for MYXO company also told the court that they were no longer selling the food product after knowing it was problematic.
In reply, prosecuting officer from the State Health Department, John Raynold Anak Achon, pressed for an appropriate sentence as a lesson due to the seriousness of the case which involved public safety and health.
John said caffeine is a type of chemical stimulant found in drinks such as tea, coffee, chocolate water, or carbonated water. In other words, it is a type of drug that can affect a person's health if taken excessively.
Meanwhile, Tartrazine, Sunset Yellow FCF, and Brilliant Blue FCF are synthetic colouring chemicals that produce green colour which is not permitted under the Act.
The consumption of these chemicals can cause allergies to sensitive individuals, especially to those with asthma and aspirin intolerance. It is also capable of being toxic in high doses, he said.
Both companies paid their respective fines.