Shop owner fined RM3k for placing alcoholic and soft drinks on same rack

Shop owner fined RM3k for placing alcoholic and soft drinks on same rack


A sundry shop owner in Ayer Tawar, Perak was fined RM3,000 for placing alcoholic beverages and non-alcoholic beverages on the same rack.

At a press conference today, Beruas MP Ngeh Khoo Ham (above) said the shop owner was fined under Rule 361 (5) of the Food Regulation 1985.

Under sub-regulation (5)(a), alcoholic beverages shall be displayed for sale in a separate display cabinet/shelf apart from the display cabinet/shelf used for other foods.

Ngeh argued that under the wording of the parent law - Food Act 1985 - the purpose of the law was to protect the public from health hazards and fraud in the preparation and use of food.

"Clearly, placing a bottle of alcoholic drink next to a bottle of non-alcoholic drink does not in any way come under this law.

"Therefore, the rule made by the minister and now enforced by the officer is illegal and void. I ask that the government immediately amend the rule removed from the Food Regulation 1985," he said.

In view of this, Ngeh said he had advised the shop owner not to pay the RM3,000 fine because sub-regulation (5)(a) was ultra vires of the powers given by the Food Act 1985 to the health minister.

Subsidiary laws - laws that are not Acts - can be issued by respective ministers without the consent of Parliament.

Meanwhile, Ngeh argued that the compound issued to the sundry shop owner was null and void because it did not contain a date to appear in court nor did the officer obtain permission from the public prosecutor to do so.