KOTA KINABALU, Nov 19 — A restaurant caretaker in Penampang was on Tuesday fined RM5,500, or nine months’ jail in default, by the Magistrate’s Court for selling contaminated fish head curry.

Mohamed Yakoob Mohamed Shaik Allaudeen, 39, pleaded guilty before Magistrate Marilyn Kelvin to selling a RM26 serving of fish head curry containing excessive Coliform bacteria to an Environmental Health Assistant Officer on July 7 at 9am at Nasi Kandar Anak Mami in Bundusan.

Laboratory analysis found Coliform levels of 110 MPN/g, far exceeding the permitted limit of 5 MPN/g under Regulation 39(3) of the Food Regulations 1985.

The offence, under Sections 13B(1) and 13B(2)(e) of the Food Act 1983, carries a maximum fine of RM20,000 or up to five years’ imprisonment, or both, on conviction.

Unrepresented, Yaakob requested a lenient sentence, claiming the fish head used was freshly purchased.

Prosecuting officer Adeno Majus from the Inspectorate and Legal Unit of the Sabah Health Department (Penampang Health Office) urged the court to impose a deterrent sentence.

He informed the court that the premises already had a record of public complaints alleging breaches of the Food Hygiene Regulations 2009, including food being served uncovered, food exposed to flies, and unsanitary preparation areas, all contrary to hygiene requirements.

He said these complaints showed a pattern of chronic and recurring hygiene issues and that the laboratory finding of contaminated fish head curry was consistent with previous complaints and demonstrated ongoing non-compliance rather than an isolated incident.

Adeno argued that since Yaakob had previously been alerted to hygiene violations yet still failed to maintain cleanliness, a stronger penalty was necessary as a lesson to him and a warning to all food operators to comply with food safety laws.

Earlier, Adeno, in presenting the facts of the case, informed the court that on July 7, at 8.30am, the health officers conducted routine food sampling at the restaurant under the Food Act 1983.

The officers introduced themselves to Yaakob, the person in charge of the premises, and informed him that routine sampling would be carried out and that non-compliance could result in legal action.

Two cooked dishes, including fish head curry, were selected as samples.

The samples were sealed, labelled and paid for, and a food-sampling notice was issued to Yaakob, who acknowledged receipt.

The samples were submitted the same day to the Kota Kinabalu Public Health Laboratory.

On July 17, laboratory analysts issued a report confirming that the fish head curry sample recorded a Coliform reading of 110 MPN/g, exceeding the standard under the Fifteenth Schedule of the Food Regulations 1985, thus breaching Regulation 39(3), while the sample of the other dish recorded a Coliform reading of 24 MPN/g and no E. coli was detected.

Investigations confirmed Yaakob, as caretaker of the premises, had supplied food that failed to meet prescribed safety standards, constituting an offence under the Food Act. — Daily Express