Singapore legislation

Schedule 1

Licensable food business

FIRST SCHEDULESection 6Licensable food businessPart 1 — RETAIL1. A food business where —

(a)

food preparation or cooking is carried out in premises (but not a home) for sale, and served, on the order of a customer, predominantly for immediate consumption on those premises; and

(b)

those premises are furnished or fitted with tables, counters, chairs, benches or like facilities designed or adapted for use in the service and consumption of food,inclusive of any catering service provided from those same premises provided that service is ancillary or incidental.ExamplesRestaurant, café, bar or similar eating establishment.

2. A food business consisting of —

(a)

managing a multi‑unit premises for multiple food businesses in the form of food stalls, and a shared area in separate ownership or occupation (in whole or in part) from the food stalls, where food preparation or cooking is carried out by the proprietors of the respective businesses at their respective food stalls for sale, and served, on the order of a customer, predominantly for immediate consumption, in that shared area; and

(b)

managing and maintaining the shared area in a clean and sanitary condition and in good and serviceable repair, for the benefit of those respective businesses at their respective food stalls and their customers,but not a food business undertaken in the discharge of a function or duty, or the exercise of a power, conferred by or under an Act. ExamplesFood court, coffee shop, eating house, canteen or cafeteria.

3. A food business carried on as a stall comprised in a multi‑unit premises described in item 2, where food preparation or cooking is carried out at the stall for sale, and served, on the order of a customer, predominantly for immediate consumption in the shared area provided in the multi‑unit premises for the consumption of food.ExamplesEach cooked food stall in a food court or coffee shop, where at least one of which is operated by a person who is not the proprietor of the food court or coffee shop.4.—

(1)

A food business that involves —

(a)

preparing and packing in premises (but not a home); or

(b)

preparing, packing in and then delivering from premises (but not a home),takeaway meals or ready‑to‑eat food, on the order of a customer for consumption away from the premises where the food was prepared and packed, inclusive of any catering service provided from those same premises provided that service is ancillary or incidental.(2) In sub‑paragraph (1) —“packing”, in relation to food, means packing the food in order to prepare it for sale;“premises” —

(a)

if a vehicle, means a vehicle which has installed an adequate supply of continuous potable water at a volume and pressure to enable hygienic practice; and

(b)

excludes premises which are food premises for a food business mentioned in item 5;“ready‑to‑eat food” excludes fresh fruit or vegetables that are ordinarily intended to be hulled, peeled or washed by the consumer.ExamplesBubble tea shop or sandwich kiosk, cut‑fruits shop, fresh fruit juice shop but not a shop selling wholly prepacked food.

5. Selling food (even if prepacked), or such food and goods, in a public place from —

(a)

any temporary food premises which are not part of a temporary fair; or

(b)

a vehicle other than that covered in item 4,being food or food and goods which are carried by the seller or carried in or on the vehicle which the seller drives, rides, or walks beside and pushes, to the public place.

6. A food business involving —

(a)

the preparation of meat products or fish products on premises (but not a home) for sale by retail on those premises;

(b)

the selling on premises (but not a home) of raw meat or fish by retail; or

(c)

the selling by retail of food on premises (but not a home) where the food —

(i)

is made by combining ingredients on those premises, or is prepared on those premises;

(ii)

is not ready‑to‑eat food; and

(iii)

by its nature, is subject to spoilage or rapid bacterial growth.ExamplesA retail butcher shop or stall, retail fishmonger shop or stall, or a retail shop or stall selling fresh soybean curd which may be stuffed or unstuffed (but not the dessert), coconut grated on‑site at the premises, or uncooked (but not dried) noodles, whether or not the shop or stall is located within a market.

7. A food business that is operating a market consisting of multiple food businesses, some or all of which are a food business described in item 6.

8. A food business that is or consists wholly or substantially of a catering service, where food is prepared and served to consumers of the food away from the food premises of the food business providing that service, under an agreement under which the food —

(a)

is of a predetermined type;

(b)

for a predetermined number of people;

(c)

served at a predetermined time; and

(d)

for a predetermined cost,provided that the food business is not or does not consist of a food business in item 7 or 8 of Part 2 of this Schedule.

9. A food business involving selling by retail on premises any of the following food (whether or not also selling other food and goods) where the selection of the food and goods is organised on a self‑serve basis:

(a)

meat products or fish products prepared on the premises for sale by retail on those premises;

(b)

raw meat or fish;

(c)

food that —

(i)

is made by combining ingredients on those premises, or is prepared on those premises;

(ii)

is not ready‑to‑eat food; and

(iii)

by its nature, is subject to spoilage or rapid bacterial growth;

(d)

ready‑to‑eat food that —

(i)

is made or cooked on those premises involving food preparation; or

(ii)

by its nature, is subject to spoilage or rapid bacterial growth.ExamplesSupermarket with any raw meat or fish or any marinated cuts of meat available for sale.10.—

(1)

A food business that sells, through any food vending machine —

(a)

food that is potentially hazardous; or

(b)

non‑prepacked food that is the result of any of the following processes by the machine:

(i)

juicing of any fruit or vegetable or both;

(ii)

cooking;

(iii)

mixing or combining of ingredients, not all of which are prepacked.(2) In sub‑paragraph (1), food is potentially hazardous if it is —

(a)

raw meat or a meat product; or

(b)

raw fish or a fish product.

11. A food business carried on as a food stall in a temporary fair where food is prepared for sale, and may be served, on the order of a customer.Part 2 — NON-RETAIL1. A food business that involves any primary production activity other than —

(a)

the cultivation of —

(i)

any plant which is not for sale;

(ii)

any plant neither as food nor to produce food for human consumption; or

(iii)

not more than 200 kilograms in a single month of fruits or vegetables, or both, by a method that does not involve the use of —

(A)

any excreta (human or animal); or

(B)

any plant pesticide to which Division 3 of Part 11 applies;

(b)

the cultivation of any edible plant for the primary purpose of the retail sale of the whole edible plant in a pot; or

(c)

the raising or producing of —

(i)

an animal which is not for sale; or

(ii)

an animal that is neither a food producing animal nor an animal feed.

2. A food business that involves the manufacturing, processing or packing, of meat or fish, or meat products or fish products —

(a)

for the purpose of sale to any other food business (whether wholesale or retail and whether licensable or not); or

(b)

for export.

3. A food business that involves the slaughtering of animals for meat, meat processing or other production of meat products.

4. A food business that involves any of the following activities for the purpose of sale to any other food business (whether wholesale or retail and whether licensable or not) or for export:

(a)

manufacturing of food (but not solely food additives);

(b)

kneading;

(c)

marinating or seasoning;

(d)

smoking, dry aging or curing;

(e)

mixing, crushing, grinding, blending or shredding;

(f)

forming, shaping or wrapping;

(g)

cell‑based food production, using cell or tissue culture of animals, plants, micro‑organisms, fungi or algae;

(h)

retorting (including canning, high pressure processing, retort pasteurisation, retort sterilisation);

(i)

extrusion;

(j)

cold‑pressing;

(k)

cold brewing;

(l)

adding food additives.

5. A food business engaged in storing meat or meat products, or fish or fish products (whether or not with other goods) for a fee or reward, in —

(a)

a reefer or a refrigerated container for intermodal freight transport or like equipment; or

(b)

a cold‑storage room or like premises, or a refrigerator, chiller or like equipment, which is designed or adapted for storing food in a low‑temperature controlled environment,being food intended for sale to any other food business (whether wholesale or retail and whether licensable or not) or for export.

6. A food business that provides facilities, tools and equipment for hire to another food business to undertake any activities mentioned in item 4 for the purpose of selling food by retail or selling food to any other food business (whether wholesale or retail and whether licensable or not) or for export.

7. A food business involving the operating of a commissary kitchen or centralised commercial kitchen where food is prepared and packed for another food business or for the same food business, to sell at premises other than those of the commissary kitchen or centralised commercial kitchen, for consumption at those other premises, but not such a food business providing food (whether or not for consideration) in the course of providing services —

(a)

to patients in hospitals, hospices and other residential care facilities like nursing homes;

(b)

to children or other individuals in the care or custody of the provider by virtue of any Act; or

(c)

to prisoners or inmates in prisons or other places for the detention of individuals under any Act.

8. A food business that is or consists wholly or substantially of a catering service, catering meals for passengers travelling on airlines or other passenger transport services.

Read in full context — Food Safety and Security Bill →