Singapore legislation
Section 40
Section 40
Articles of food unfit for human consumption
(1)
A person must not, without lawful excuse, have in the person’s possession for sale by retail any article of food intended for human consumption which is unsound or unfit for human consumption.
(2)
The Director‑General, Food Administration or an authorised officer may at all reasonable times —
enter into and inspect any place which is used, or which he or she has reasonable grounds for believing to be used —
for the sale by retail of articles of food intended for human consumption; or
for the preparation or storage of such articles intended for sale; and
search any cart or vehicle or any basket, sack, bag, parcel or receptacle which he or she has reasonable grounds for believing to contain for sale by retail articles of food intended for human consumption and may examine any such articles therein.
(3)
If it appears to the Director‑General, Food Administration or an authorised officer that any such article of food is unsound or unfit for human consumption, the article may be seized by the Director‑General, Food Administration or authorised officer.
(4)
Any article of food seized may be kept or stored in the place or premises where it was seized or may at the direction of the Director‑General, Food Administration or an authorised officer be removed to any other place or, where the article is likely to decay or is deleterious to health, be destroyed.
(5)
A certificate signed by the Director‑General, Food Administration is to be accepted by a Magistrate’s Court as sufficient evidence that any article of food seized was unsound or unfit for human consumption at the time of seizure.
(6)
A person claiming any article of food seized under this section may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court.
(7)
The complaint may be heard and determined by the Magistrate’s Court, which may either confirm or disallow the seizure wholly or in part, or may order any article of food seized to be returned to the owner and may order payment to be made to the owner of the article of any amount that the Court considers will compensate the owner for any loss or depreciation resulting from the seizure.
(8)
If within 48 hours after the seizure no complaint has been made, or if the seizure is confirmed, every article of food seized becomes the property of the Singapore Food Agency and must be destroyed or otherwise disposed of so as to prevent the article from being used for human consumption.
(9)
A person must not obstruct the Director‑General, Food Administration or an authorised officer in the exercise of his or her powers under this section or tamper with any article of food kept or stored in any place or premises under subsection (4).