Civil Recourse Against Food Traders Causing Food Poisoning in Malaysia – Proposals for Reforms

Abstract

Under the current legal regime, the only civil recourse against food traders causing food poisoning to consumers in Malaysia is through civil action under tort of negligence. A civil action is not straightforward and often fraught with difficulties. Hence, the objectives of this paper are twofold. Firstly, to examine the application of the tort of negligence in civil liability cases against food traders who cause food poisoning; and secondly, to explore alternative approaches that could be introduced to safeguard the legal rights to compensation of aggrieved consumers and/or dependants of deceased consumers. This paper employs a pure doctrinal research method where the relevant food safety legislations and relevant English case laws together with the secondary sources such as textbooks, journals articles, statistics reports, press reports, relevant online databases, and websites are referred to. This paper concludes that the only civil recourse available is by commencing a civil action under tort of negligence against food traders. In addition, it is also found that relevant food safety legislations only empower enforcement authorities to take legal action against food traders but they will not act on behalf of aggrieved consumers who suffered from food poisoning and/or dependants of deceased consumers who died from food poisoning. This paper, thus, proposes reforms by way of amendments to the Food Act 1983.