Lawyers Kitson Foong and Bastian Pius Vendargon said parents could seek monetary compensation by filing a civil claim in negligence. They must prove that the food vendors breached their duty of care, resulting in harm to their children.
However, Foong warned that the legal process may be too time-consuming and costly for most ordinary folk.
“The damages attainable in a civil claim are unlikely to be high. Canteen operators are also not likely to have ‘deep pockets’, so one may just end up with a ‘paper judgment’,” he told FMT.
Foong said parents could also consider filing a report with the police and health ministry so that a criminal investigation can be commenced under the Food Act 1983, Food Regulations 1985 and the Food Hygiene Regulations 2009.
The lawyers were commenting on a spate of reports since the start of the year of students falling ill after consuming food at their school canteens, raising concerns about the standards of hygiene kept by operators.
Last Wednesday, the Perak health department closed the canteen at SK Chepor after 101 students experienced food poisoning. Perak health executive councillor A Sivanesan said the canteen operator will be charged for failing to comply with sanitary and hygienic requirements.
Two days later, it was reported that another 55 students and three teachers at SMK Membakut II in Sabah experienced similar symptoms.
In June, a 17-year-old boy and a two-year-old girl died after consuming fried noodles and eggs provided by an external caterer at a religious programme held at a school in Gombak.
“In cases involving death, the aggrieved family may lodge a police report seeking an investigation under Section 304(a) of the Penal Code against the caterer (for culpable homicide not amounting to murder),” said Foong.
Section 304(a) of the Penal Code carries a jail term of up to 30 years and a fine, upon conviction.
Vendargon added that school administrators may themselves take legal action against an external caterer for breach of contract and failure to supply food of “merchantable quality”.
Lack of enforcement
While current laws are deemed comprehensive, Foong said a lack of enforcement has allowed these food and beverage operators to escape accountability for the incidents.
He said that in most cases, first-time offenders are only given a fine, which he said was nothing more than “a slap on the wrist” as its impact is minimal compared to a jail sentence.
“Parliament should consider amending the law to enhance the punishments,” Foong said.
For example, Section 13 of the Food Act 1983, which prohibits the preparation or sale of food containing substances injurious to health, provides for a fine of up to RM100,000 or imprisonment for a term not exceeding ten years, or both.
Vendargon urged state health departments and local councils to be more proactive and vigilant in maintaining the quality and hygiene standards of food provided by school canteens.
“It is critical to maintain health and hygiene standards on school grounds. It represents the practical, material side of societal responsibility, just as halal food preparation reflects its spiritual aspect.”