Singapore legislation
Clause 176
Clause 176
Remedial notices
(1)
This section applies if a Part 9 enforcement officer reasonably believes —
a person —
is contravening a provision of any Part 9 Regulations; or
has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;
a matter relating to the contravention can be remedied; and
it is appropriate to give the person an opportunity to remedy the matter.
(2)
The Part 9 enforcement officer may give the person in subsection (1)(a) a remedial notice requiring the person to remedy the contravention or have the contravention remedied.
(3)
The remedial notice must state all of the following:
that the Part 9 enforcement officer reasonably believes the person the notice is addressed to —
is contravening a provision of any Part 9 Regulations; or
has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;
the provision the Part 9 enforcement officer believes is being, or has been, contravened (called the relevant provision);
briefly, how it is believed the relevant provision is being, or has been, contravened;
the period in which the person must remedy the contravention or have the contravention remedied;
that it is an offence to fail to comply with the remedial notice unless the person has a reasonable excuse.
(4)
The remedial notice may also state the reasonable steps that the Part 9 enforcement officer considers necessary to remedy the contravention, or to avoid further contravention, of the relevant provision.Examples of reasonable stepsWithdrawing or rectifying advertisements of foods, publishing in Singapore a rectification notice to inform the general public of non‑compliant advertisements, or suspending the sale or supply of a specific food.
(5)
A Part 9 enforcement officer must keep a copy of every remedial notice given under this section.
(6)
The person to whom a remedial notice is given must comply with the remedial notice unless the person has a reasonable excuse.
(7)
A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction —
where the person is an individual — to a fine not exceeding $5,000; or
where the person is not an individual — to a fine not exceeding $10,000.
(8)
If a remedial notice is given under this section in relation to a contravention by a person of a relevant provision and the contravention is an offence, the person cannot be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the non‑compliance.
(9)
A person may be prosecuted for the contravention of a relevant provision without a Part 9 enforcement officer first giving a remedial notice for the contravention.