Friday, July 10, 2009

Kuala Muda District - Enforcement Unit + PPKHT '04

Kuala Muda DHO Posting
Fourth Day (8th July 2009)

First Session
Venue : Meeting Room (Administration Unit)
Time : 9.00 am
Topic : Briefing on Enforcement Unit
Person in charge : PPKP(K) David T. Selvaraj (Head of Inspectorate Unit)

All District Health Officer (DHO) and Environmental Health Officer (PPKP) are given the responsibility to perform enforcement task under the public health laws.
Functions of Inspectorate Unit
· To perform enforcement task
· To investigate and perform undercover work
· To prepare investigation forms
· Prosecution
· Handing over the Summons
· To perform operation such as investigation on food safety
· Health education

Prosecution activities includes:-
· Formal food sampling
· Send to accredited and approved labs for analysis
· Exhibit storage
· Preparation of case-investigation
· Acquisition set-up
· Summon preparation
· Performing prosecution

Purpose of Enforcement
· To protect community needs
· To make sure all the authorities follow the rules
· To promote enforced laws
· To encourage co-operation among the related parties

List of laws under DHO/PPKP
· Destruction of Disease Bearing Insect Act 1975 (Act 154)- DDBIA 1975
· Prevention and Control of Communicable Disease Act 1988 (Act 342)- PCCDA 1988
· Food Act 1983 (Act 281)
· Food Regulation 1985
· Regulation of Tobacco Products 2004
· Hydrogen Cyanide 1953

Methods of enforcement
· Daily inspection and investigation
· Undercover work and ambushed
· Investigation upon complain of reports
· Special operation
o Festivals ( i.e Ops Ramadhan, Ops Cahaya, Ops Niu)
o Crisis ( Food Alert, Outbreak )
o Teamed
· Joint Operation
· Prosecution

Enforcement activities during Operation
· Inspection and closure of food premises which are deemed to be unhygienic
· Closure of premises under the Food Act 1983
· Inspection and seizing of food which is deemed unsafe and in violation of laws
· Inspection of Aedes larvae breeding
· Stop-work order and premise closure under the DDBIA 1975
· Premise closure under the PCCDA 1988
· Home quarantine under the PCCDA 1988
· Violations liable to compound under the Regulation of Tobacco Products 2004

Agencies involved in Joint Operation
· State Health Department
· District Health Office
· Local Authorities
· Immigration Department
· Police Department
· Department of Commerce and Consumer Affairs

Second Session (Outdoor activity)
Venue : Hospital Sultan Abdul Halim
Time : 3.00 am
Topic : Observing Enforcement of PPKHT 2004
Person in charge : PPKP Farha

The enforcement operations of PPKHT 2004 is done once a month by a group of assigned enforcement officers from Kuala Muda Inspectorate Unit. That afternoon, 3 PPKPs (PPKP Farha, PPKP Adam and PPKP Hasani) were assigned to carry out this operation within the compound of Hospital Sultan Abdul Halim, Sungai Petani. The team was also assisted by one PKA (PKA Idzham).
The team was separated into 2 groups and assigned to different places within the hospital compound. Most of the time, the enforcement officers were observing the publics and the staff of the hospital. ‘Hot zones’ were particularly visited number of times (i.e. taxi stand, visitors waiting area, loading zone at the back of the hospital, car park). The team managed to ‘catch’ one offender just before the operation ended.

In the event of an offender being caught, he or she will be asked to distinguish the cigarettes and put the cigarette butt directly into a sample bottle (which will be used as an evidence for later use in court if the compound is challenged). Details of the offender will be taken down and compound notice will be produced against him or her. The offender will have to give his signature as a proof that he has received the compound. PPKPs always move in a group of two because one has to be the witness to the other in the event such like this. The offenders will have one month to pay the compound at his nearest district health office (appeal can also be filed to reduce the amount of fine). While preparing the compound form on the file, offender will also be give health education on the adverse effects of smoking to health. Brief information on PPKHT 2004 will also be addressed to the offender or any interested public.

PPHKT (Peraturan-peraturan Hasil Kawalan Tembakau) 2004
Regulations of Tobacco Products 2004

The scope of PPHKT 2004 includes:
- prohibition of advertisement and sponsorship
- prohibition of sale with free sample
- prohibition of offer as gifts
- prohibition of sale to underage person (<18 years old)
- prohibition of sale from open packets
- prohibition of sale from vendor machines
- designate no-smoking areas
- signing of smoking prohibition in a non-smoking zone
- prohibition of underage smoking, tobacco chewing or tobacco possession
- signing of smoking prohibition for underage person
- labelling of tobacco products
- wrapping of tobacco products
- sampling of tobacco products
- analysis request form
- format of analyst certificate of confirmation
- designate smoking areas
- Minister authority to gazette non-smoking areas
- List of offences that can be compound
- Voiding of Regulations of Tobacco Products 1993

List of offences liable for compound:
- sale of tobacco product to underage person
- sale of tobacco products from loose packets or less than 20 cigarettes
- smoking in a no-smoking zone
- failure to advertise no-smoking sign in a no-smoking premises or vehicles
- underage person who smokes tobacco, chews tobacco or possesses tobacco products
- failure to advertise sign of prohibition of sale to underage person
- separation of smoking zone from a non-smoking zone with single partition
- failure to ensure smoking activity in areas others than smoking zone
- smoking zone is equipped with mechanical ventilation system which is approved by the director of public health or enforcement officer.

*compound has to be offered using form number 4.

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