Singapore legislation

Clause 64

of Singapore Food Agency Bill

Clause 64

Amendments to Sale of Food Act

(1)

The Sale of Food Act (Cap. 283, 2002 Ed.) is amended —

(a)

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

(b)

by deleting the definitions of “Authority” and “Director‑General” in section 2 and substituting the following definition:“ “Director‑General” means the Director‑General, Food Administration appointed under section 3(1);”;

(c)

by deleting the words “the Authority” in paragraph (d) of the definition of “requirement of this Act” in section 2 and substituting the words “the Director‑General”;

(d)

by deleting the words “The Director‑General” in section 3(1) and substituting the words “The Minister must appoint from among officers of the Agency the Director‑General, Food Administration, who”;

(e)

by deleting the words “the Authority or of any statutory authority” in section 3(2) and substituting the words “the Agency or any other statutory authority, or an auxiliary police officer appointed under the Police Force Act (Cap. 235),”;

(f)

by inserting, immediately after the words “powers conferred or duties imposed upon him by this Act” in section 3(4), the words “(except the power of delegation conferred by this subsection)”;

(g)

by inserting, immediately after subsection (4) of section 3, the following subsections:“(5) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer or authorised analyst.(6) An auxiliary police officer who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Agency.”;

(h)

by deleting the word “Authority” wherever it appears in the following provisions and substituting in each case the word “Agency”:Section 4(3)Section 10F(6)Section 10I(1), (2), (3), (4) and (5)Section 38 (including the section heading)Section 42(1) and (2);

(i)

by repealing sections 9 and 35;

(j)

by deleting the word “Authority” wherever it appears in the following provisions and substituting in each case the word “Director‑General”:Section 10ASection 10B(3), (4)(a)(i), (iii) and (iv), (c) and (d), (5)(b), (6)(b), (7) and (8)Section 10C(2)(b)(i)Section 10D(1)Section 10E(1), (4)(h) and (6)(c)Section 10F(1), (2)(e)(ii), (4) and (5)Section 10G(1)Section 10H(1), (2), (3) and (4)Section 16A(7)(b)Section 40(5)(b);

(k)

by deleting the word “Authority’s” in sections 10C(2)(b)(ii) and 10I(3) and substituting in each case the word “Agency’s”;

(l)

by deleting the word “it” in section 10E(1) and substituting the words “the Director‑General”;

(m)

by deleting paragraph (b) of section 10L;

(n)

by deleting subsections (3) and (4) of section 30; and

(o)

by deleting the words “including an analysis made under section 35,” in section 37(1).

(2)

Section 56 of the Sale of Food Act is amended —

(a)

by inserting, immediately after the words “the safety and suitability of food” in subsection (1)(eb), the words “and to support a secure and reliable supply of food”;

(b)

by inserting, immediately after the words “safe and suitable” in subsection (1)(ec), the words “and to support a secure and reliable supply of imported food in Singapore”; and

(c)

by inserting, immediately after subsection (3C), the following subsection:“(3D) 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 —

(a)

to not register the trade mark under the Trade Marks Act (Cap. 332);

(b)

to revoke the acceptance of an application for registration of the trade mark under that Act;

(c)

to register the trade mark subject to conditions or limitations under that Act;

(d)

to revoke the registration of the trade mark under that Act; or

(e)

to declare invalid under that Act the registration of the trade mark.”.

Clause 64 — Singapore Food Agency Bill | laws.sg