Kuala Lumpur: Tuaran MP Datuk Seri Wilfred Madius Tangau (pic) called for the Food (Amendment) Bill 2026 to be referred to the Dewan Rakyat Special Select Committee on Health to ensure its drafting process complies with the Federal Constitution.
He said the move was important amid questions over whether the consultation process with the Sabah and Sarawak Governments had complied with Articles 79 and 161E of the Federal Constitution.
“Tuaran is not asking for this Bill to be rejected. Tuaran is asking for the process to be corrected,” he said while debating the Food (Amendment) Bill 2026 in the Dewan Rakyat here on Thursday.
Madius said during a Health Ministry briefing on Wednesday, the ministry confirmed that no formal consultation had been held with the Sabah Government, with engagement instead conducted with several officials from the Sabah Local Government and Housing Ministry.
He said engagement with state ministry officials did not necessarily establish that the Sabah Government had been formally consulted.
“Were they given a mandate to represent the State Government? Was the draft Bill formally submitted? What position of the Sabah Government has been recorded?” he asked.
Madius, who is also Upko honorary president, said the matter warranted attention as Item 7 of the Federal List III under the Ninth Schedule places public health, sanitation and disease prevention under the Concurrent List.
He said Article 95B makes List IIIA part of the Concurrent List for Sabah and Sarawak, with Item 11 of List IIIA specifically covering matters relating to “the adulteration of food and other goods”.
“The Bill expands regulation to food-contact materials, sampling, investigations, labelling, imports and penalties. Therefore, there are reasonable grounds to determine whether the Bill relates to matters under the Concurrent List and List IIIA,” he said.
The Tamparuli assemblyman also questioned whether the Bill had been certified under Article 79(1), the date of its publication for the purposes of Article 79(2), and the grounds for urgency if the four-week period after publication had not been fulfilled.
He noted that the Bill was given its first reading on Oct 5 and scheduled for second reading on Oct 8, just three days later.
“Food safety is important, but the importance of a Bill does not override the constitutional process. Urgency does not remove the need for consultation; instead, Article 79(2) makes consultation under Article 161E a requirement for the urgency route,” he said.
Madius said if the Bill’s second reading was completed, the Minister should not proceed directly to the Committee of the Whole House and third reading.
Instead, he proposed that a motion under Standing Order 54(2) be tabled to refer the Bill to the Dewan Rakyat Special Select Committee on Health.
He said the committee should obtain the official views of the Sabah and Sarawak Governments, summon the State Attorneys-General and authorised state government representatives, and examine the application of Article 79 read together with Article 161E.
“Tuaran has brought this proposal to Deputy Prime Minister Datuk Amar Fadillah Yusof. He agrees that this Bill should be referred to the Special Select Committee on Health,” he said.
Madius also sought the Minister’s commitment to refer the Bill to the committee and conduct formal consultations with the Sabah and Sarawak Governments.
“Food safety protects the people’s bodies; constitutional supremacy protects the body of the Federation. We must defend both,” he said.
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