Singapore legislation

Section 10E

of Sale of Food Act 1973

Section 10E

Direction to impose movement controls

Amended by48/201711/201948/201748/201748/201711/201948/201748/201711/201948/2017

(1)

The Director‑General may give a direction in subsection (2) if the Director‑General reasonably suspects (whether or not from the report of an authorised analyst or authorised officer) —

(a)

that food or any thing that may become food, or a food contact article, does not comply with an applicable requirement of this Act; or

(b)

the existence of a hazard or a source of contamination that may affect food or any thing that may become food.

Amended by48/201711/2019

(2)

The direction may impose movement or related controls to determine, minimise, manage, or control the risk to human life or public health created by the suspected non‑compliance or suspected existence of the hazard or the source of contamination.

Amended by48/2017

(3)

A direction under this section must specify the suspected non‑compliance, hazard or source of contamination, including by reference to —

(a)

a thing described in subsection (4);

(b)

a place (where, for example, there may be contamination from the land or the environment); or

(c)

a particular person or food business or a specified class of food business (where, for example, the contamination may have been caused by a human act or omission).

Amended by48/2017

(4)

The controls may be imposed on all or any of the following:

(a)

activities; (b)areas or premises;

(c)

food contact articles;

(d)

vehicles;

(e)

food;

(f)

any thing that may become food; (g)food businesses;

(h)

anything else that the Director‑General suspects relates to the suspected non‑compliance or the suspected hazard or the source of suspected contamination.

Amended by48/201711/2019

(5)

The controls on those things described in subsection (4) may do all or any of the following in relation to a food contact article, or food or any thing that may become food:

(a)

restrict its movement, sale, production, manufacturing or handling;

(b)

apply conditions to its movement, sale, production, manufacturing or handling;

(c)

prohibit its movement, sale, production, manufacturing or handling;

(d)

require the taking of specific actions such as sampling and testing to determine the risk (if any) to human life or public health;

(e)

require the taking of specific actions to minimise, manage, or control the risk to human life or public health;

(f)

do anything else that is necessary to achieve the purpose described in subsection (2).

Amended by48/2017

(6)

A direction under this section may —

(a)

direct the keeping of information about the matters that are the subject of the direction;

(b)

direct the provision of reports about matters that are the subject of the direction; or

(c)

direct the person to whom the direction is given to notify the Director‑General when —

(i)

the non-compliance, hazard, or source of contamination has been identified;

(ii)

the non-compliance, hazard, or source of contamination has been minimised or removed; or

(iii)

no non-compliance, hazard, or source of contamination has been identified.

Amended by48/201711/2019

(7)

In this section, “hazard” means a biological, chemical or physical agent that —

(a)

is in food or has the potential to be in food, or is a condition of food, or has the potential to affect the condition of food; and

(b)

causes or could cause an adverse or injurious effect on human life or public health.

Amended by48/2017