Singapore legislation

Section 2

of Sale of Food Act 1973

Section 2

General interpretation

Amended by48/201711/2019

In this Act, unless the context otherwise requires —“advertisement” means any of the following where used or apparently used to promote, directly or indirectly, the sale of food:

(a)

any words, whether written or in an audible message; (b)any still or moving picture, sign, symbol or other visual image or representation;

(c)

any combination of 2 or more of those things in paragraph (a) or (b),but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services;“Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;“analysis” includes micro-biological assay, and “analyse” is to be construed accordingly;“authorised analyst” means any person appointed by the Director‑General to be an authorised analyst under section 3(3);“authorised officer” means the Director‑General and any person appointed by the Director‑General to be an authorised officer under section 3(2);“Director‑General” means the Director‑General, Food Administration appointed under section 3(1);“fish” means any species of fish (whether marine or freshwater), and includes —

(a)

crustacea, shellfish, echinoderm and molluscs; and

(b)

the eggs and young of any fish;“fish product” means any of the following intended for human consumption:

(a)

part of any fish;

(b)

any product derived from processing or preserving fish;

(c)

any product containing fish;“food” has the meaning given by section 2A;“food business” has the meaning given by section 2B;“food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board;“food premises” means any premises at, on or from which food is sold, or handled with the intention that it be sold, and includes —

(a)

a food vending machine; or

(b)

any premises used for a primary food production business,but does not include any description of premises declared by the Minister by order in the Gazette not to be a food premises;“food regulation” means any regulation made under section 56;“handling”, in relation to food for sale, includes any one or more of the following:

(a)

making or manufacturing the food;

(b)

processing or preserving the food;

(c)

cooking, defrosting, heating or preparing the food;

(d)

storing, packing or labelling the food;

(e)

transporting or delivering the food;

(f)

displaying the food;

(g)

serving the food,but does not include primary food production;“import”, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore;“importer”, in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the article or is in any way entitled to the custody or control of the article;“infectious disease” means —

(a)

any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976;

(b)

any skin disease which is likely to be contagious; and

(c)

such other disease as the Minister may prescribe;“insanitary conditions” means such conditions or circumstances as might contaminate any food with dirt or filth or render the same injurious to health or unfit for human consumption;“intended use”, in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification;“label” includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package containing food;“licence” means a licence issued under Part 4;“licensee” means a person who is the holder of a licence;“manufacturing”, in relation to food for sale, includes any one or more of the following:

(a)

making food by combining ingredients;

(b)

significantly changing the condition or nature of food by any process, such as milling flour or peeling, cutting and freezing fruits;

(c)

bottling or canning food, including bottling water;

(d)

making ice,but does not include —

(e)

cooking or otherwise preparing food at a particular place for retail sale at the place, including sale for immediate consumption; or

(f)

making ice at a particular place for use at the place;“meat” includes any part of slaughtered poultry, bovine animal, ovine animal, caprine animal, porcine animal, game or other animal, that is intended for human consumption;“meat product” means any of the following intended for human consumption:

(a)

offal or other part of a carcase;

(b)

any product derived from processing or preserving meat;

(c)

any product containing meat;“non-retail food business” has the meaning given by section 2F;“package” includes every means by which goods may be cased, enclosed, contained or packed;“poison” means any substance deemed to be a poison within the meaning of the Poisons Act 1938;“premises” includes —

(a)

land (whether or not vacant); (b)the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature);

(c)

a vehicle; and

(d)

a pontoon;“prepare” includes manufacture, process and treat;“primary food production” means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following:

(a)

the transport or delivery of food on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(b)

the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(c)

the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos; (d)the sale of livestock at sale yards and the transport of livestock to and from sale yards;

(e)

any other food production activity that is prescribed as primary food production for the purposes of this Act,but does not include —

(f)

any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;

(g)

the sale or service of food directly to the public; or

(h)

any other food production activity that is declared by the Minister by order in the Gazette not to be primary food production for the purposes of this Act;“primary food production business” means a business or an undertaking or activity that involves, in whole or part, primary food production;“proprietor” means —

(a)

for a food business —

(i)

the person carrying on the food business; or

(ii)

if the person in sub-paragraph (i) cannot be identified, the person in charge of the food business; and

(b)

for any food premises — the proprietor of the food business that operates at, on or from the premises;“public health” means the health of —

(a)

the people in Singapore; or (b)a community or section of those people;“requirement of this Act” means —

(a)

a requirement of or under a provision of this Act; (b)a requirement of or under any food regulation;

(c)

a requirement of a notice or order given by the Director‑General under this Act;

(d)

a requirement of a direction given by the Director‑General under Part 2A; or

(e)

a condition imposed by or under this Act or any food regulation;“retail food business” means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act;“sell” has the meaning given by section 2E;“statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council;“substance” includes any liquid, mixture or compound;“unsafe”, in relation to food, has the meaning given by section 2C;“unsuitable”, in relation to food, has the meaning given by section 2D;“vehicle” means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, such as an aircraft, a vessel, train, motor vehicle or personal mobility device.

Definition

“advertisement” means any of the following where used or apparently used to promote, directly or indirectly, the sale of food:

(a)

any words, whether written or in an audible message; (b)any still or moving picture, sign, symbol or other visual image or representation;

(c)

any combination of 2 or more of those things in paragraph (a) or (b),but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services;

Definition

“Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;

Definition

“analysis” includes micro-biological assay, and “analyse” is to be construed accordingly;

Definition

“authorised analyst” means any person appointed by the Director‑General to be an authorised analyst under section 3(3);

Definition

“authorised officer” means the Director‑General and any person appointed by the Director‑General to be an authorised officer under section 3(2);

Definition

“Director‑General” means the Director‑General, Food Administration appointed under section 3(1);

Definition

“fish” means any species of fish (whether marine or freshwater), and includes —

(a)

crustacea, shellfish, echinoderm and molluscs; and

(b)

the eggs and young of any fish;

Definition

“fish product” means any of the following intended for human consumption:

(a)

part of any fish;

(b)

any product derived from processing or preserving fish;

(c)

any product containing fish;

Definition

“food” has the meaning given by section 2A;

Definition

“food business” has the meaning given by section 2B;

Definition

“food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board;

Definition

“food premises” means any premises at, on or from which food is sold, or handled with the intention that it be sold, and includes —

(a)

a food vending machine; or

(b)

any premises used for a primary food production business,but does not include any description of premises declared by the Minister by order in the Gazette not to be a food premises;

Definition

“food regulation” means any regulation made under section 56;

Definition

“handling”, in relation to food for sale, includes any one or more of the following:

(a)

making or manufacturing the food;

(b)

processing or preserving the food;

(c)

cooking, defrosting, heating or preparing the food;

(d)

storing, packing or labelling the food;

(e)

transporting or delivering the food;

(f)

displaying the food;

(g)

serving the food,but does not include primary food production;

Definition

“import”, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore;

Definition

“importer”, in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the article or is in any way entitled to the custody or control of the article;

Definition

“infectious disease” means —

(a)

any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976;

(b)

any skin disease which is likely to be contagious; and

(c)

such other disease as the Minister may prescribe;

Definition

“insanitary conditions” means such conditions or circumstances as might contaminate any food with dirt or filth or render the same injurious to health or unfit for human consumption;

Definition

“intended use”, in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification;

Definition

“label” includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package containing food;

Definition

“licence” means a licence issued under Part 4;

Definition

“licensee” means a person who is the holder of a licence;

Definition

“manufacturing”, in relation to food for sale, includes any one or more of the following:

(a)

making food by combining ingredients;

(b)

significantly changing the condition or nature of food by any process, such as milling flour or peeling, cutting and freezing fruits;

(c)

bottling or canning food, including bottling water;

(d)

making ice,but does not include —

(e)

cooking or otherwise preparing food at a particular place for retail sale at the place, including sale for immediate consumption; or

(f)

making ice at a particular place for use at the place;

Definition

“meat” includes any part of slaughtered poultry, bovine animal, ovine animal, caprine animal, porcine animal, game or other animal, that is intended for human consumption;

Definition

“meat product” means any of the following intended for human consumption:

(a)

offal or other part of a carcase;

(b)

any product derived from processing or preserving meat;

(c)

any product containing meat;

Definition

“non-retail food business” has the meaning given by section 2F;

Definition

“package” includes every means by which goods may be cased, enclosed, contained or packed;

Definition

“poison” means any substance deemed to be a poison within the meaning of the Poisons Act 1938;

Definition

“premises” includes —

(a)

land (whether or not vacant); (b)the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature);

(c)

a vehicle; and

(d)

a pontoon;

Definition

“prepare” includes manufacture, process and treat;

Definition

“primary food production” means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following:

(a)

the transport or delivery of food on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(b)

the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(c)

the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos; (d)the sale of livestock at sale yards and the transport of livestock to and from sale yards;

(e)

any other food production activity that is prescribed as primary food production for the purposes of this Act,but does not include —

(f)

any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;

(g)

the sale or service of food directly to the public; or

(h)

any other food production activity that is declared by the Minister by order in the Gazette not to be primary food production for the purposes of this Act;

Definition

“primary food production business” means a business or an undertaking or activity that involves, in whole or part, primary food production;

Definition

“proprietor” means —

(a)

for a food business —

(i)

the person carrying on the food business; or

(ii)

if the person in sub-paragraph (i) cannot be identified, the person in charge of the food business; and

(b)

for any food premises — the proprietor of the food business that operates at, on or from the premises;

Definition

“public health” means the health of —

(a)

the people in Singapore; or (b)a community or section of those people;

Definition

“requirement of this Act” means —

(a)

a requirement of or under a provision of this Act; (b)a requirement of or under any food regulation;

(c)

a requirement of a notice or order given by the Director‑General under this Act;

(d)

a requirement of a direction given by the Director‑General under Part 2A; or

(e)

a condition imposed by or under this Act or any food regulation;

Definition

“retail food business” means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act;

Definition

“sell” has the meaning given by section 2E;

Definition

“statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council;

Definition

“substance” includes any liquid, mixture or compound;

Definition

“unsafe”, in relation to food, has the meaning given by section 2C;

Definition

“unsuitable”, in relation to food, has the meaning given by section 2D;

Definition

“vehicle” means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, such as an aircraft, a vessel, train, motor vehicle or personal mobility device.

Amended by48/201711/2019