Protection of Public Health (Amendment) Bill 2024 passed

KUCHING (May 7): The Protection of Public Health (Amendment) Bill 2024, which amongst others prohibits animals or pets from entering any food premises, was unanimously passed today.

Deputy Premier Datuk Amar Dr Sim Kui Hian said the amendment to the Public Protection of Public Health 1999 Ordinance is needed in order to update and strengthen the provisions in the Ordinance to meet the changes and expectations of the present situation.

The Ordinance had never been amended since it was passed on Dec 6, 1999 and came into force on Nov 1, 2000.

The Minister of Public Health, Housing and Local Government said the amendment is also aimed at strengthening certain provisions related to penalty and enforcement on public health matters.

“The proposed amendments are to strengthen the provisions of the Protection of Public Health Ordinance relating to licencing and cleanliness of food premises, licencing and maintenance of any land used for cemeteries, funeral parlours, and power of entry and investigation to increase the amount of general penalty, which had not been revised since 1999.

“It is also to expand the power of the state Cabinet to make regulations relating to waste and environment as one of the initiatives to support the Sarawak government policy relating to green environment,” he said when winding up the debate on the Bill.

Dr Sim during the second reading said among the features of the Bill was to amend Section 2 of the Ordinance to reflect the new Strata (Subsidiary Titles) Ordinance 2019 which repealed the Strata Title Ordinance 1995.

He also said that under the Bill, there is a proposed new provision to enable local authorities to issue a temporary licence to food premises operators by giving them a time frame to comply with the requirements of other relevant laws.

He explained some of these food premises operators cannot be issued with a licence just because they are unable to comply with the provisions under the Local Authorities Ordinance 1996 and Building Ordinance 1994 or any other relevant laws.

“The amendment is to Section 23 by adding the new sub paragraph (3) which is to prohibit animals or pets from entering any food premises. This is to ensure the health of the public and consumers are protected from unacceptable and unhygienic food premises,” he said.

“The other amendment is on the licencing of funeral parlours and cemeteries with a proposed new subsection (3) of Section 38 to add the word ‘columbarium’ and to ensure that any land used as a licenced funeral parlour, cemetery, etc., to be maintained and cleaned regularly.

“It will be an offence if the licensee fails to clean and maintain the funeral parlour, cemetery or crematorium regularly,” he said.

On the amendment to Section 56, Dr Sim said it is to strengthen the power of inspection and investigation, enabling any person to be authorised by the director or the chief administrative officer of the ministry.

“Section 56A is a new provision which enhances the procedures relating to the examination of persons. These include power to seize, take possession of any documents, books, articles or thing produced before him in the course of an investigation.

“The proposed amendment to Section 58 is to make it an offence for non-compliance with any closing order or notice to any person and to impose a penalty and upon conviction, be liable to a fine not exceeding RM500,000 or to a term of imprisonment not exceeding five years or to both.

“The proposed amendment to Section 62 is to increase the penalty from RM3,000 to RM10,000. The penalty has never been increased since the Ordinance come into force on November 1, 2000,” he said.

He added that under the proposed amendment to Section 64, it is to give power to the state Cabinet to make regulations relating to the establishment, management, and control of funeral parlours, cemeteries, crematoria and columbaria.

Moreover, it also give power to the state Cabinet to make regulations relating to the manner of packaging food for consumption with its disposal, providing for segregation of waste alongside the use of Styrofoam containers, plastic bags, and plastic straws.