KOTA KINABALU, 15 February 2026: Loi Kok Liang, Warisan’s Api-Api Assemblyman, has called on Kota Kinabalu City Hall (DBKK) to exercise balanced judgment in its enforcement actions on food premises, particularly by taking into account seasonal and current economic pressures faced by small businesses.
Loi made the call after receiving complaints from several disgruntled eatery operators who were recently ordered to shut down for 14 days under Section 11 of the Food Act 1983 on the grounds that their premises were “unclean and in an unsanitary condition.”
Taking into Account Seasonal and Economic Pressures
Loi emphasised that festive seasons, particularly the Chinese New Year period, represent a crucial window for many food operators to stabilise their finances.
“Many small and medium food businesses depend heavily on peak seasons to offset slower months. At present, operators are also managing rising operating costs, including SST obligations and recent electricity tariff adjustments,” he said.
He stressed that while enforcement should never be compromised where public health is concerned, sensitivity to timing and broader economic conditions would help ensure that regulatory actions do not inadvertently undermine otherwise viable businesses.
“A calibrated approach that considers both hygiene compliance and economic sustainability would better serve the overall interests of the city,” he added.
Upholding Public Health with Measured Enforcement
Loi reiterated that public health protection must remain paramount and acknowledged DBKK’s statutory duty to enforce hygiene regulations.
“We recognise and respect DBKK’s responsibility to maintain food safety standards. Cleanliness and public health cannot be compromised,” he said.
However, he noted that enforcement measures should be proportionate to the severity of each case and implemented consistently.
Ensuring Proportional Rectification Periods
Loi observed that hygiene deficiencies vary in seriousness and should not automatically result in identical closure durations.
“I have been informed that along the same street, one outlet that promptly rectified its shortcomings was permitted to resume operations after three days.
This indicates that certain issues can be resolved within a short timeframe,” he said.
He encouraged DBKK to clearly communicate the criteria used in determining closure periods and to consider differentiated rectification timelines where appropriate.
“A transparent and proportionate framework would reinforce public confidence while encouraging prompt compliance,” he added.
Strengthening a Progressive Compliance Framework
Loi proposed that DBKK continue enhancing a progressive enforcement model anchored on guidance, rectification and timely follow-up inspections.
“Where shortcomings are not severe and can be rectified quickly, an initial notice with a reasonable correction period, followed by strict re-inspection, may achieve sustainable compliance,” he said.
He added that closure orders should remain firmly applied in cases involving serious, repeated or wilful non-compliance.
Addressing Broader Urban Hygiene Concerns
In addition, Loi urged closer coordination between DBKK and relevant agencies to address persistent environmental concerns such as drainage blockages, improper waste disposal and rodent infestations.
“Improving overall environmental hygiene will further strengthen Kota Kinabalu’s image and standing as a key tourism gateway,” he said.
Commitment to Constructive Engagement
Loi reaffirmed Warisan’s commitment to constructive engagement with the authorities.
“Our shared goal is a city that is clean, safe and economically resilient. Through balanced enforcement, transparency and cooperation, we can safeguard public health while supporting livelihoods,” he said.
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