Singapore legislation

Clause 57

Amendments to Environmental Public Health Act

(1)

The Environmental Public Health Act (Cap. 95, 2002 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Director‑General” in section 2, the following definition:“ “Director‑General, Food Administration” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act (Cap. 283);”;

(b)

by inserting, immediately after the definition of “showboard” in section 2, the following definition:“ “Singapore Food Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;”;

(c)

by deleting the words “and any other written law” in section 3(1) and substituting the words “except where expressly provided otherwise”;

(d)

by inserting, immediately before section 32 in Part IV, the following section:“Administration of this Part and Part IX31W.—

(1)

The Director‑General, Food Administration is responsible for the administration of this Part and Part IX, subject to the general or special directions of the Minister charged with the responsibility for food safety.(2) The Director‑General, Food Administration may, subject to the directions of the Minister charged with the responsibility for food safety, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General, Food Administration in administering and carrying out the provisions of this Part and Part IX:

(a)

an employee of the Singapore Food Agency;

(b)

an employee of another statutory authority;

(c)

a public officer;

(d)

an auxiliary police officer appointed under the Police Force Act (Cap. 235).(3) The Director‑General, Food Administration may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General, Food Administration by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer appointed under subsection (2); and any reference in any provision of this Act to the Director‑General, Food Administration includes a reference to such an authorised officer.(4) Any delegation under subsection (3) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Minister charged with the responsibility for food safety may specify.(5) The Director‑General, Food Administration may, for any reason that appears to him to be sufficient, at any time revoke a person’s appointment under subsection (2) as an authorised officer.(6) A person mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Singapore Food Agency.”;

(e)

by deleting the words “, stage show” in section 35;

(f)

by inserting, immediately after section 42, the following section:“Regulations for this Part42A.—

(1)

The Minister charged with the responsibility for food safety may make regulations for or in respect of every purpose which the Minister considers necessary or expedient for carrying out the provisions of this Part, and in particular —

(a)

the control, regulation and supervision of markets (and anything in a market and places in the vicinity of a market) and of persons engaged or employed in a market;

(b)

the seizure and disposal of unwholesome meat, fish, fruit, vegetables or other food or drink exposed or intended for sale;

(c)

the use and management of stalls, tables or showboards set up for the sale of any goods in public streets or places of public resort;

(d)

specifying of streets, places and areas (or parts thereof) at which hawkers are prohibited;

(e)

prescribing the articles, or types or classes of articles, that may be sold from or exposed for sale in or on any stall, vehicle or other receptacle in any public street or place or by any itinerant hawker, and premises where any such article is prepared or stored and the manner in which any such article is prepared or transported;

(f)

the form and manner in which, and the time within which, an application for a licence or permit or an application to renew a licence or permit may be made, and the information and evidence required to be provided in connection with such an application; and

(g)

the fees to be paid to the Singapore Food Agency in respect of applications for and the grant and renewal or late renewal of any licence or permit, and otherwise in connection with the administration of this Part, and the waiver, reduction or refund of fees charged.(2) In addition, the regulations made under subsection (1) may —

(a)

prescribe the offences under this Part which may be compounded, designate the officers of the Singapore Food Agency who may compound such offences and the maximum sum for which any such offence may be compoundable, which must not exceed one half of the amount of the maximum fine that is prescribed for the offence or $5,000, whichever is lower;

(b)

provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and

(c)

provide for such transitional, saving and other consequential, incidental and supplemental provisions as are necessary or expedient.(3) All regulations made under this section must be published in the Gazette and be presented to Parliament as soon as possible after publication.”;

(g)

by inserting, immediately before the definition of “general appearance” in section 78, the following definition:“ “authorised officer” means an individual appointed under section 31W(2) by the Director‑General, Food Administration to be an authorised officer;”;

(h)

by inserting, immediately after the words “the Minister” in paragraph (v) of the definition of “provide” in section 78, the words “charged with the responsibility for food safety”;

(i)

by inserting, immediately after the word “Director‑General” wherever it appears in section 79(3)(b), (4)(e) and (f) and (5), the words “, Food Administration”;

(j)

by inserting, immediately after section 80, the following section:“Regulations for this Part80A.—

(1)

(a)

(b)

(c)

prescribe the fees to be paid to the Singapore Food Agency in connection with the administration of this Part, and the waiver, reduction or refund of fees charged; and

(d)

(k)

by renumbering section 82 as subsection (1) of that section, and by inserting immediately thereafter the following subsections:“(2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any authorised officer (including an authorised officer within the meaning of section 31W) who fails to declare his office and refuses to produce his identification card on demand being made by that person.(3) In subsection (2), “identification card”, for an authorised officer (including an authorised officer within the meaning of section 31W), means such identification card as the Director‑General or the Director‑General, Food Administration may require the authorised officer to carry at all times when exercising powers under this Act.”;

(l)

by deleting the words “Director‑General may” in section 83(1) and (2) and substituting in each case the words “Director‑General or Director‑General, Food Administration may”;

(m)

by inserting, immediately after the words “in the opinion of the Director‑General” in section 83(1), the words “or Director‑General, Food Administration (as the case may be)”;

(n)

by inserting, immediately after the word “Director‑General” in the section heading of section 83, the words “or Director‑General, Food Administration”;

(o)

by inserting, immediately after section 84, the following section:“Appeal against decisions under Part IV or IX84A.—

(1)

Any person who is aggrieved by any notice, order or decision of the Director‑General, Food Administration made under Part IV or IX may, within 7 days after the person receives the notice, order or decision, appeal in writing to the Minister charged with the responsibility for food safety.(2) After considering an appeal made under this section, the Minister charged with the responsibility for food safety may —

(a)

reject the appeal and confirm the notice, order or decision (as the case may be) of the Director‑General, Food Administration;

(b)

allow the appeal and rescind the notice, order or decision (as the case may be) of the Director‑General, Food Administration; or

(c)

substitute or vary the notice, order or decision appealed against and make any notice, order or decision which the Director‑General, Food Administration is competent to make under Part IV or IX, as the case may be.(3) The Minister’s decision on an appeal is final.(4) Every appellant must be notified of the Minister’s decision under subsection (2).(5) Where an appeal is lodged by a person under this section against any notice, order or decision of the Director‑General, Food Administration made under Part IV or IX, the execution of the notice, order or decision appealed against must be stayed until the outcome of the appeal.”;

(p)

by deleting the words “section 20 or 23, the Director‑General or any authorised officer” in section 87(1) and substituting the words “this Act, the Director‑General or the Director‑General, Food Administration (as the case may be) or any authorised officer (including an authorised officer within the meaning of section 31W)”;

(q)

by deleting subsection (4) of section 87 and substituting the following subsections:“(4) If any person fails to attend as required by an order under subsection (1)(b), the Director‑General, the Director‑General, Food Administration or the authorised officer (including an authorised officer within the meaning of section 31W) may report such failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.(5) The Director‑General, the Director‑General, Food Administration (as the case may be) or any authorised officer (including an authorised officer within the meaning of section 31W) may photograph (which includes making a digital image or a moving visual record) or otherwise record —

(a)

any place or vehicle where an offence under this Act was committed, is reasonably suspected to have been committed, or is about to be committed;

(b)

any place or vehicle associated with, or relevant to, the commission or suspected commission of the offence under this Act; or

(c)

any thing or individual in a place or vehicle mentioned in paragraph (a) or (b).”;

(r)

by deleting the words “under sections 20 and 23” in the section heading of section 87;

(s)

by deleting the words “or any authorised officer in connection with any function or duty of the police officer or authorised officer” in section 88A(a) and substituting the words “, the Director‑General, the Director‑General, Food Administration or any authorised officer (including an authorised officer within the meaning of section 31W) in connection with any of his functions or duties”;

(t)

by inserting, immediately after the words “Agency property” in section 90(1), the words “or property of the Singapore Food Agency (as the case may be)”;

(u)

by inserting, immediately after the word “Agency” in the section heading of section 90, the words “and Singapore Food Agency”;

(v)

by deleting the words “and section 31N” in section 91(1) and substituting the words “, section 31N and regulations made under section 42A or 80A”;

(w)

by inserting, immediately after subsection (12) of section 99, the following subsections:“(12A) Subject to subsection (12B), it is lawful for the Director‑General to modify the conditions of a licence without compensating the licensee concerned.(12B) Before modifying any conditions of a licence, the Director‑General must give notice to the licensee holding that licence —

(a)

stating that the Director‑General proposes to make the modification in the manner as specified in the notice; and

(b)

specifying the time (being not less than a prescribed period after the date of service of notice on the licensee) within which the licensee may make written representations to the Director‑General with respect to the proposed modification.”;

(x)

by deleting the words “as the Director‑General thinks fit” in section 99(13)(ii) and substituting the words “unless the breach in paragraph (a) is an offence under this Act”;

(y)

by inserting, immediately after paragraph (a) of section 99(14), the following paragraph:“(aa)the decision of the Director‑General to modify the conditions of a licence under subsection (12A);”;

(z)

by inserting, immediately after subsection (14A) of section 99, the following subsection:“(14B) The provisions of this section affecting any licence or permit apply (so far as relevant) to any licence or permit granted or renewed under Parts IV and IX by the Director‑General, Food Administration —

(a)

as if the licence or permit were granted or renewed under any other Parts of this Act pursuant to an application to the Director‑General;

(b)

as if the reference to the Director‑General in this section were a reference to the Director‑General, Food Administration;

(c)

as if the reference to the Agency in this section were a reference to the Singapore Food Agency;

(d)

as if the reference to the Minister in this section were a reference to the Minister charged with the responsibility for food safety; and

(e)

with such other exceptions, modifications and adaptations as the differences between Parts IV and IX and other Parts require.”;

(za)by deleting the words “by the Director‑General” in section 99(15);

(zb)by inserting, immediately after section 108, the following section:“Modification of provisions108A. Sections 82, 85(3) and (4), 93(1), 94(1) and (2), 96, 97, 100, 101, 107 and 108 apply (so far as relevant) to anything done or required to be done under Parts IV and IX by the Director-General, Food Administration —

(a)

as if the reference in those provisions to the Director‑General includes a reference to the Director‑General, Food Administration;

(b)

as if the reference in those provisions to the Agency were a reference to the Singapore Food Agency;

(c)

as if the reference in those provisions to an authorised officer includes a reference to an authorised officer within the meaning of section 31W; and

(d)

with such other exceptions, modifications and adaptations as the differences between Parts IV and IX and other Parts require.”;

(zc)by inserting, immediately after the words “provisions of this Act” in section 110, the words “, except Parts IV and IX”;

(zd)by renumbering section 110 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) The Singapore Food Agency may, subject to the general or special directions of the Minister charged with the responsibility for food safety, either permanently or for such period as the Singapore Food Agency thinks fit, exempt any person or premises or any class of persons or premises from any of the provisions of Part IV or IX.”; and

(ze)by inserting, immediately after the words “regulations made under this Act” in section 111(4), the words “(except sections 42A and 80A)”.

(2)

The Environmental Public Health Act is amended —

(a)

by deleting the word “Director‑General” wherever it appears in the following provisions and substituting in each case the words “Director‑General, Food Administration”:Section 32(1), (2) and (3)Section 33Section 34(1), (2) and (3)Section 35 and the section headingSection 36Section 37(1), (2), (3), (4), (5) and (6)Section 38(1) and (2)Section 39(3)Section 40(2), (3), (4), (5) and (9)Section 41(2)Section 42(8);

(b)

by deleting the word “Agency” in the following provisions and substituting in each case the words “Singapore Food Agency”:Section 40(8)Section 42(16) and (18);

(c)

by deleting paragraphs 2, 6, 7 and 8 of the Third Schedule; and

(d)

by deleting sub‑paragraphs (a) and (b) of paragraph 3 of the Third Schedule.

Read in full context — Singapore Food Agency Bill →