Clause 8

a licensee; (b)a proprietor of a food business or food premises, if not a licensee; (c)an importer of any food or food contact article; (d)an exporter of any food or food contact article; (e)a manufacturer of any food contact article; (f)a person carrying on a business of selling or supplying (by wholesale or retail) any food contact article; (g)a person in control of, or reasonably appearing to be in control of, food or any thing that may become food.Content and effect of directions10B.—

A direction under this Part is binding on —

the person to whom it is addressed; and

if applicable, the personal representatives, successors and assignees of the person to whom it is addressed to the same extent as it applies to that person.(2) A direction under this Part must be in writing, or be confirmed in writing as soon as practicable after being given orally.(3) In making a direction under this Part, it is not necessary for the Authority to give any person who may be affected by the direction a chance to be heard before the direction is given.(4) A direction under this Part must state —

whether the person to whom it is given must —

advise the Authority of the details of the manner in which the person proposes to comply with the direction;

keep information about the matters that are the subject of the direction;

regularly notify the Authority about the steps being taken towards compliance with the direction; or

give written notice to the Authority when the person has complied with the direction;

that it is an offence under this Act to fail to comply with the direction;

that if the person to whom the direction is given fails to comply with it, the Authority may carry out the direction; and

that if the Authority carries out the direction, the Authority may recover the costs reasonably incurred in carrying out the direction from the person to whom the direction was given.(5) A direction under this Part continues in force until the earlier of the following occurs:

the expiry date (if any) stated in the direction is reached;

the Authority revokes the direction.(6) A direction under this Part may —

be amended or revoked at any time; and

be extended or renewed, if the Authority is satisfied that the circumstances warrant it.(7) If a person to whom the direction is given fails or refuses to comply with it, the Authority may carry out the direction, and recover the costs and expenses reasonably incurred in carrying out the direction as a debt due from the person to whom the direction was given.(8) If satisfied that a direction under this Part has been complied with, the Authority must —

revoke the direction; and

give written notice of the revocation in the same manner in which the direction was given or served.(9) Subsection (5) does not prevent a further direction being made in the same terms as a direction that has expired. Service of directions under this Part10C.—

A direction under this Part that is addressed to a person is sufficiently served if it is —

delivered personally to the person by an authorised officer; (b)served in the manner prescribed in section 44; or

if the name and address of the proprietor of any food premises is unknown, affixed to the food premises.(2) A direction under this Part that is addressed to a class of persons is sufficiently served if it is —

served on each of the persons in the class in accordance with subsection (1); or (b)published both —

in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the Authority, will be most likely to bring the direction to the attention of the persons who belong to the class; and

on the Authority’s official website.(3) A direction under this Part that is addressed to a statutory authority is sufficiently served if it is served on the chief executive (however described) of the statutory authority in accordance with subsection (1).(4) A direction under this Part that is served —

in accordance with subsection (1) takes effect when it is served; (b)in accordance with subsection (2)(a) takes effect when it is served on all the persons in the class in question; and

in accordance with subsection (2)(b) takes effect at the beginning of the day after the date on which subsection (2)(b) has been complied with.Division 2 — DirectionsGeneral corrective action direction10D.—

The Authority may give a direction to any of the persons described in section 10A about the taking of preventative or corrective action in respect of food or a food contact article that the Authority reasonably believes is necessary (whether or not from the report of an authorised analyst or authorised officer) to ensure compliance with an applicable requirement of this Act with respect to food or food contact articles.(2) Without limiting subsection (1), “corrective action”, in the case of a direction given to a food business, includes requiring the proprietor of the food business to do any one or more of the following:

take specified steps to ensure that food raised, cultivated, harvested, caught, prepared, sold or otherwise handled at the premises at which the food business is carried out is safe and suitable;

take specified steps to ensure that those premises, or any vehicle, plant, food contact article, machinery or equipment used on those premises in connection with any food raised, cultivated, harvested, caught, prepared, sold or otherwise handled at those premises is cleaned and disinfected or put into an altered condition to the satisfaction of an authorised officer; (c)ensure that any applicable requirement of this Act with respect to food or food contact articles is complied with;

until the corrective action in paragraph (a), (b) or (c) is complied with, ensure that —

the premises at which the food business is carried out, or a specified area of the premises, is not used for the raising, cultivation, harvesting, catching, preparation, sale or other handling of food or an activity connected with food specified in the direction;

any vehicle, plant, food contact article, machinery or equipment on those premises is not used in connection with the raising, cultivation, harvesting, catching, preparation, sale or other handling of food or an activity connected with food specified in the direction; or

any food or class of food specified in the direction is not removed from those premises, for any purpose (including any purpose specified in the direction) or in any circumstances specified in the direction, for the period of time that is specified in the direction.Direction to impose movement controls10E.—

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

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

the existence of a hazard or a source of contamination that may affect food or any thing that may become food.(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.(3) A direction under this section must specify the suspected non‑compliance, hazard or source of contamination, including by reference to —

a thing described in subsection (4);

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

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). (4) The controls may be imposed on all or any of the following:

activities; (b)areas or premises;

food contact articles;

vehicles;

food;

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

anything else that the Authority suspects relates to the suspected non‑compliance or the suspected hazard or the source of suspected contamination.(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:

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

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

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

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

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

do anything else that is necessary to achieve the purpose described in subsection (2).(6) A direction under this section may —

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

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

direct the person to whom the direction is given to notify the Authority when —

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

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

no non‑compliance, hazard, or source of contamination has been identified.(7) In this section, “hazard” means a biological, chemical or physical agent that —

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

causes or could cause an adverse or injurious effect on human life or public health.Direction to recall food or food contact article10F.—

The Authority may give any direction in subsection (2) to persons described in section 10A —

for the purpose of examining, rectifying, controlling, or disposing of food or a food contact article, after taking into account any relevant information or warnings about food or a food contact article that the Authority has received from authorised officers, or an international organisation or authority; or

if the Authority has reasonable grounds to believe that the direction is necessary —

to prevent or reduce the possibility of a serious danger to public health; or

to mitigate the adverse consequences of a serious danger to public health.(2) The directions are —

to recall food or a food contact article that is not safe or suitable or the safety or suitability of which is in doubt;

to recall a food contact article that has, or for which there is doubt about whether it has, contaminated food or caused food to be no longer safe or suitable; (c)to recall a food contact article if there is doubt about whether it may contaminate food;

to recall food or a food contact article that is mislabelled or incorrectly identified;

to take food or a food contact article recalled under any of paragraphs (a) to (d) to —

a place specified in the directions; or

a place agreed to between the Authority and the person to whom the directions are given; or

any directions that may be given under section 10G, as appropriate.(3) A direction to recall food or a food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.(4) A person who is required by a direction to recall food or a food contact article must give written notice to the Authority of the completion of the recall as soon as practicable after that completion.(5) If a person to whom the direction is given under this section fails or refuses to comply with it, the Authority may —

take any reasonable steps necessary to ensure control of the food or food contact article (including entry by authorised officers to a place under a warrant); and

recover the costs and expenses reasonably incurred in assuming control of the food or food contact article as a debt due from the person to whom the direction was given.(6) This section does not prevent the Authority exercising its power under section 10I.Direction to manage food or food contact article10G.—

The Authority may give any direction in subsection (2) to persons described in section 10A if the Authority —

reasonably believes that food or a food contact article that is already the subject of a direction under section 10E is not safe or suitable and further controls are required; or (b)recalls food or a food contact article under section 10F. (2) The direction may be about doing or not doing any of the following to the food or food contact article:

condemning or destroying it; (b)disposing of or re‑exporting it;

identifying it;

handling, or re‑processing it; (e)labelling or relabelling it;

storing it;

transporting it; (h)sampling or testing it;

advertising or selling it. Direction to publish statement10H.—

The Authority may give to persons described in section 10A a direction about publishing a statement to the public, or to a class of persons specified in the direction, for the purpose of protecting the public or class of persons, as the case may be.(2) The Authority may specify that the statement must include all or any of the following:

the nature of the problem, including (where applicable) —

the particular food or type of food or food contact article to be recalled or disposed of; (ii)the reasons why the food or food contact article is considered to be unsafe or unsuitable; and

the circumstances in which the consumption of the food is unsafe; (b)the remedy that the person will provide;

the way in which the person will prevent the problem arising in future.(3) The Authority may specify the actual words to be used in the statement or any part of it.(4) The Authority may specify all or any of the following:

who must publish the statement; (b)where the statement must be published;

the date on which the statement must be published.(5) Statements published under this section are protected by absolute privilege.Division 3 — Supplementary provisionsCompensation10I.—

A person bound by a direction under this Part who suffers loss as a result of the making of the direction may apply to the Authority for compensation if the person considers that there were insufficient grounds for the making of the direction.(2) If there were insufficient grounds for the making of the direction, the Authority is to pay just and reasonable compensation to the applicant.(3) The Authority must send written notification of the Authority’s determination as to the payment of compensation under this section to each applicant for the payment of compensation.(4) If the Authority has not determined an application for compensation under this section within 28 days after receiving the application, the Authority is taken to have refused to pay any compensation.(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Authority as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination —

within 14 days after the day on which notification of the determination was received; or

in a case to which subsection (4) applies, within 14 days after the 28‑day period mentioned in that subsection ends.(6) If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the High Court.(7) No application for the payment of compensation may be made under this section after the 14‑day period mentioned in subsection (5)(a) or (b) ends.Appeal to Minister10J.—

A person mentioned in section 10A to whom a direction under this Part is given and who is aggrieved by the direction may appeal to the Minister.(2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made within a prescribed period after the date of receipt of the decision that is appealed against.(3) The Minister’s decision on appeal is final.(4) The Minister may designate to hear and determine, in his place, any appeals or a specific appeal under this section —

any Senior Minister of State or Minister of State, for his Ministry; or

any Senior Parliamentary Secretary or Parliamentary Secretary, for his Ministry,and any reference in this section to the Minister includes a reference to the Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary so designated for that appeal.Non‑compliance with food safety measures10K.—

A person to whom a direction under this Part is addressed must not, without reasonable excuse —

carry on an activity in contravention of the direction; (b)neglect or refuse to comply with any such direction; or

fail to comply with a condition specified in such a direction.(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(3) A person must not remove the copy of any direction affixed to any food premises under section 10C(1)(c) while that direction remains in force.(4) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.Interface with other written laws10L. To avoid doubt, nothing in this Part derogates from any requirement imposed by or under —

the Animals and Birds Act (Cap. 7);

the Cattle Act (Cap. 34);

the Control of Plants Act (Cap. 57A);

the Control of Vectors and Pesticides Act (Cap. 59);

the Environmental Public Health Act (Cap. 95);

the Feeding Stuffs Act (Cap. 105);

the Fisheries Act (Cap. 111);

the Health Products Act (Cap. 122D); (i)the Medicines Act (Cap. 176); (j)the Misuse of Drugs Act (Cap. 185);

the Poisons Act (Cap. 234); or

the Wholesome Meat and Fish Act (Cap. 349A).”.