Singapore legislation
Section 56
Section 56
Regulations
(1)
The Minister may make regulations —
to prescribe the standard of strength, weight, quality or quantity of any food or of any ingredient or component part thereof;
to prohibit the addition or use of any specified thing or of more than the specified quantity or proportion thereof to any food or food contact article;
to prohibit any modes of manufacture, preparation or preservation of any food or food contact article;
to secure the cleanliness and freedom from contamination of any food in the course of its manufacture, preparation, storage, packing, carriage, delivery, exposure for sale or sale and to secure the cleanliness of places, receptacles, food contact articles and vehicles used in such manufacture, preparation, storage, packing, carriage, delivery, exposure for sale or sale and to secure the proper conduct of places in which the sale or preparation for sale of food is carried on and for these purposes to require any person to submit to a medical examination;
regulating the identification and labelling of food or food contact articles for sale, including specifying the matter that must or must not be contained in any such label and the manner of labelling; (f)setting out standards for the maintenance, cleanliness, sanitation and hygiene of premises at which a non-retail food business is carried out;
setting out requirements and procedures for document control and recording by food businesses to achieve the safety and suitability of food and to support a secure and reliable supply of food, including —
the information that must be collected about food or a food contact article; (ii)the periods for which the information must be kept; and
how, when and to whom that information must be reported;
setting out requirements that apply to imported food or food contact articles to ensure that the food or food contact article is safe and suitable and to support a secure and reliable supply of imported food in Singapore, including keeping of records in relation to the source or traceability and handling of the food or food contact article imported;
to prescribe the method of analysis of any food and form of certificate of analysis;
to fix the fees to be paid in respect of the analysis of the food by an authorised analyst and for any licence or registration issued or effected under this Act and for copies of a certificate of analysis;
prohibiting or regulating the promotion and advertising of food and food contact articles, including specifying the matter that must or must not be contained in any advertisement and the manner of promotion and advertising;
to prohibit the sale of specified food or food contact articles otherwise than by weight;
to prohibit or regulate whether by licence or otherwise the import or sale of separated or skimmed milk or filled milk or whey;
requiring, regulating or prohibiting the display or distribution, by a prescribed class of retail food businesses, in relation to a prescribed class of food which is sold by retail or displayed for sale by retail at the premises where the food business is carried out, of information of a kind prescribed, including providing for —
nutritional information that must be determined in a prescribed manner; and
display in the manner (such as in a menu in printed or electronic form or a label), and at locations in those premises, prescribed for nutritional information of that kind;
to regulate the seizure and disposal of unwholesome meat, fish, fruit, vegetables or other food or drink exposed or intended for sale;
prescribing the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged;
providing for any saving, transitional and other consequential, incidental and supplemental provisions that the Minister considers necessary or expedient;
to prescribe that any act or omission, or any contravention of the provisions of any regulations shall be an offence and to provide for the imposition of a fine not exceeding $5,000 and, in the case of a continuing offence, a further fine of $500 for every day or part of a day during which the offence continues after conviction; and
generally to carry out the purposes of this Act.
(2)
Any such regulations may be made applicable either to foods or food contact articles generally or to specified foods or food contact articles only.
(3)
The Minister may, in making any regulations, prescribe the circumstances in which it is presumed that an offence under the provisions of any such regulations was committed.
(4)
Any food regulation may adopt or incorporate by reference, with or without modification specified in the regulation, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the food regulation deals, even if the code, standard, rule, requirement, specification or other document does not yet exist when the food regulation is made.
(5)
Any material applied, adopted or incorporated in any food regulation by reference under subsection (4) is to be treated for all purposes as forming part of the food regulation; and, unless otherwise provided in the food regulation, every amendment to any material incorporated by reference under subsection (4) that is made by the person or organisation originating the material is, subject to subsection (6), to be treated as being a part of the food regulation.
(6)
Where any material mentioned in subsection (4) is applied, adopted or incorporated by reference in any food regulation, the Minister must give notice in the Gazette stating —
that the material is incorporated in the food regulation and the date on which the relevant provision in the food regulation was made; (b)that the material is available for inspection during working hours, free of charge;
the place where the material can be inspected;
that copies of the material can be purchased; (e)the place where the material can be purchased; and
if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
(7)
The Minister may, in making any regulations, prescribe the circumstances when a trade mark may or may not be used on or in relation to any packaging or container of any particular food, or on any particular food, or in any advertisement relating to any particular food, but these circumstances and the operation of those regulations are not circumstances that make it reasonable or appropriate —
to not register the trade mark under the Trade Marks Act 1998;
to revoke the acceptance of an application for registration of the trade mark under that Act;
to register the trade mark subject to conditions or limitations under that Act;
to revoke the registration of the trade mark under that Act; or
to declare invalid under that Act the registration of the trade mark.
(8)
All regulations made under this Act must be published in the Gazette and must be presented to Parliament as soon as possible after publication.
(9)
Despite anything in any regulations made under this section, any person may, at any time within 12 months after the date of the publication in the Gazette of such regulations, sell any food the sale of which is otherwise lawful, if that person proves that at that date the food or food contact article was part of the existing stock-in-trade in Singapore of any person carrying on business there and that since that date no act has been done whereby the food or food contact article fails to conform to the requirements of those regulations.
(10)
For the purposes of subsection (9) any goods purchased before the date of the publication in the Gazette of such regulations for import into Singapore are deemed to form part of the purchasers’ stock-in-trade in Singapore.