KOTA KINABALU: A factory in Sabah was the first to be fined by the Seasons Court for using a halal logo on its noodle products without going through halal certification.
Judge Elsie Primus on Monday imposed the RM25,000 fine, in default, six months’ jail on the factory after its director pleaded guilty to a charge under Order 8 (b) of the Trade Descriptions (Certification and Marking of Halal) Order 2011, punishable under Clause 8 (A) of the same Order.
The order provides for a fine of up to RM200,000, upon conviction.
The factory had offered to supply 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 weighed between 400 to 120 grams at the factory at Jalan Putatan, Kampung Divatto here on October 14, 2020.
The facts of the case stated that on the said date at 11.30am, a team of enforcement went to the factory to conduct an inspection.
During the inspection, the factory owner was on the way to supply the noodles which were found to have no halal certificate from the authority.
In pleading for a lenient sentence, the representative of the factory, who was unrepresented, said that their business was not doing good and also affected by the Covid-19 pandemic.
Upon being asked by the court how long the factory had been using the halal logo without certificate from the authority, the factory answered eight years.
The prosecution explained that the expiry date of the logo with certification from the Islamic Development Department (Jakim) was on August 14, 2013 which meant that the factory had been using the certificate for eight years.
The prosecution also said that the factory had allegedly applied for the halal certificate but it was learnt that the application was still in process.
When asked by the court whether this was the factory’s first offence, the prosecution said “yes”.
The representative of the factory claimed that they had applied for the certificate but they still could not obtain it due to the pandemic.
The prosecution then confirmed the court that this was first case involving a factory in Sabah.