by David E.
KENINGAU: Oct 10, 2026 – Keningau MP Datuk Seri Panglima Dr Jeffrey Kitingan has stressed that the Food (Amendment) Bill 2026 must respect the rights and jurisdiction of Sabah and Sarawak under the Federal Constitution.
He was unable to take part in the debate in the Dewan Rakyat last Thursday but stressed the matter in a media statement.
“Efforts to strengthen food safety must respect the rights and jurisdiction of Sabah and Sarawak under the Federal Constitution,” he said.
Kitingan supports the principle of the Bill to protect consumers and strengthen food safety. However, implementation requires meaningful involvement of state governments, sufficient enforcement resources and guarantees for small operators.
He said efforts to strengthen the Food Act 1983 should address changes in the food industry, including online sales, digital advertising and food-contact materials. Effectiveness depends on field enforcement capacity and cooperation between the Federal Government and state governments.
“Sabah and Sarawak must be involved as partners in food safety governance,” he said.
He said Article 95B of the Federal Constitution gives Sabah and Sarawak a special position in the division of legislative powers. Item 11 of List IIIA lists “Adulteration of foodstuffs and other goods”.
The provision is an important basis for ensuring implementation of the law respects the role of state governments. Uniform national food safety standards must be accompanied by an implementation approach that takes local conditions into account.
In Sabah and Sarawak, he said, vast rural areas, travel distances, logistics costs and the needs of micro and small enterprises require special attention. Stricter laws must be supported by sufficient officers, facilities and allocations.
Kitingan proposed a joint enforcement mechanism between the Federal Government, Sabah and Sarawak, including legally empowering state officers with suitable expertise. A coordination committee involving the Health Ministry and state governments should be established to avoid overlap and speed up action.
State governments should be given space for meaningful consultation in drafting regulations, standards and procedures that directly affect state jurisdiction and local operators.
“Enforcement powers must be accompanied by fair process and accountability,” he said.
He supports immediate action against premises that pose serious threats to public health. However, action must be proportionate to the level of risk and the offence. For correctable violations that do not pose an immediate threat, operators should be given a reasonable opportunity to comply, in line with the law. A fast review or appeal mechanism is also needed because the closure of premises can affect the livelihoods of hawkers and their families.
The government needs to expand laboratory and testing capacity that is easily accessible, especially in rural areas. Keningau should be considered as a food testing and monitoring support centre for rural Sabah, with sufficient officers, equipment and operating allocations.
He asked the Health Minister to give specific assurances on state government involvement, the powers of state officers, laboratory capacity, digital data protection and the right of review if premises are closed.
He stressed that his support for the principle of the Bill is accompanied by a demand that its implementation respects the Constitution, protects consumers and provides reasonable compliance assistance for operators.
The ultimate goal, he said, is to ensure the people throughout Malaysia, including Sabah and Sarawak, receive effective and fair food safety protection.
