Environmental Public Health Act 1987 · 2020 Revised Edition · Part 4 · Food Establishments, Markets and Hawkers
40. Articles of food unfit for human consumption
Feedback & supportLast amended by an amending law of 2019.
A person must not, without lawful excuse, have in the person’s possession for sale by retail any article of food intended for human consumption which is unsound or unfit for human consumption.
sale
“sale” includes barter, exchange, import and export, and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale, or receiving or sending or delivering for sale, or supplying any food, drink or goods where consideration is to be received by the supplier for such supply either specifically or as part of a service contracted for, or having in possession for sale or having in possession any food, drink or goods knowing that the same is likely to be sold or offered or exposed for sale, and “sell” is to be construed accordingly;
The Director‑General, Food Administration or an authorised officer may at all reasonable times —
enter into and inspect any place which is used, or which he or she has reasonable grounds for believing to be used —
for the sale by retail of articles of food intended for human consumption; or
for the preparation or storage of such articles intended for sale; and
search any cart or vehicle or any basket, sack, bag, parcel or receptacle which he or she has reasonable grounds for believing to contain for sale by retail articles of food intended for human consumption and may examine any such articles therein.
If it appears to the Director‑General, Food Administration or an authorised officer that any such article of food is unsound or unfit for human consumption, the article may be seized by the Director‑General, Food Administration or authorised officer.
food
“food” includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include —(a)live animals or birds;(b)fodder or feeding stuffs for animals, birds or fish; or(c)articles or substances used only as drugs;
Any article of food seized may be kept or stored in the place or premises where it was seized or may at the direction of the Director‑General, Food Administration or an authorised officer be removed to any other place or, where the article is likely to decay or is deleterious to health, be destroyed.
premises
“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for any other purpose whatsoever;
A certificate signed by the Director‑General, Food Administration is to be accepted by a Magistrate’s Court as sufficient evidence that any article of food seized was unsound or unfit for human consumption at the time of seizure.
A person claiming any article of food seized under this section may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court.
The complaint may be heard and determined by the Magistrate’s Court, which may either confirm or disallow the seizure wholly or in part, or may order any article of food seized to be returned to the owner and may order payment to be made to the owner of the article of any amount that the Court considers will compensate the owner for any loss or depreciation resulting from the seizure.
If within 48 hours after the seizure no complaint has been made, or if the seizure is confirmed, every article of food seized becomes the property of the Singapore Food Agency and must be destroyed or otherwise disposed of so as to prevent the article from being used for human consumption.
Singapore Food Agency
“Singapore Food Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;
A person must not obstruct the Director‑General, Food Administration or an authorised officer in the exercise of his or her powers under this section or tamper with any article of food kept or stored in any place or premises under subsection (4).
Director-General, Food Administration
“Director-General, Food Administration” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973;