What is Food Safety and Security Bill?

Food Safety and Security Bill is Singapore Bill, cited as Bill 49 2024, currently marked in force and first recorded in 2024.

Is Food Safety and Security Bill still in force?

Yes — Food Safety and Security Bill is currently in force.

When did Food Safety and Security Bill take effect?

Food Safety and Security Bill was first recorded in 2024.

How many clauses does Food Safety and Security Bill have?

Food Safety and Security Bill contains 405 clauses.

Where can I read the official version of Food Safety and Security Bill?

The official text of Food Safety and Security Bill is published at sso.agc.gov.sg.

Food Safety and Security Bill (2024, No. 49)

Clause 1

Short title and commencement

This Act is the Food Safety and Security Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Clause 2

Purposes of Act

The purposes of this Act are —

(a)

to improve food security in Singapore through maintaining in Singapore a minimum quantity of stocks of certain foods and agri‑food production inputs, and measures to mitigate the impact of agri‑food supply chain disruptions on Singapore;

(b)

to increase production of primary produce on a sustainable basis in Singapore so as to contribute to food security in Singapore;

(c)

to ensure that food in Singapore is safe and suitable for human consumption and that non‑packaged drinking water in Singapore is not unwholesome;

(d)

to improve traceability systems to enable food to be more efficiently and effectively recalled due to food safety concerns;

(e)

to ensure provision of adequate information relating to food to enable consumers to make informed choices and to prevent misleading conduct in connection with the supply of food;

(f)

to provide for the compliance of imported food and other import‑controlled items with Singapore’s standards and requirements of public health and safety;

(g)

to ensure that any export‑controlled item that is exported meets relevant importing country requirements to enable and maintain overseas market access for export‑controlled items exported from Singapore;

(h)

to minimise and manage the risks to human health from plant pesticides and animal feed in primary production activities; and

(i)

“agri‑food production input” means any of the following to the extent that it is essential in undertaking any primary production activity:

(a)

any animal feed;

(b)

any plant pesticide;

(c)

any animal reproductive material from a food producing animal; (d)any young of a food producing animal;

(e)

any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;

(f)

any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals;

(g)

any vitamin or mineral substance or other substances suitable for, or used for, administration or application to an animal or plant by any means, or consumption by an animal, as a way of directly or indirectly improving growth or modifying the physiology of the animal or plant so as to alter its natural development, productivity, quality or reproductive capacity,and excludes any primary produce;

Definition

“agri‑food supply chain” and “agri‑food supply chain participant” have the meanings given by section 18(1);

Definition

“aircraft” includes an unmanned aircraft;

Definition

“analysis” includes any examination or testing of food or any other thing;

Definition

“animal” means —

(a)

any fish;

(b)

any reptile;

(c)

any amphibian;

(d)

any bird;

(e)

any mammal (other than man);

(f)

any invertebrate, regardless of the stage of development it is in; or

(g)

any egg, or any reptile egg, amphibian egg, fish egg, invertebrate egg or monotreme egg;

Definition

cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale;

(b)

keeping fish or marine vegetation in a confined area for a commercial purpose (such as in a grow‑out pond or tank),but does not include any of the following: (c)keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially);

(d)

doing anything for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose;

(e)

a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis;

(b)

the carrying out of an activity as a self‑employed person, but not as an employee; and

(c)

any business, whether or not carried on for profit,and the fact that an unincorporated association provides services to its members does not prevent those services from being services provided in the course of a business;

Definition

a vehicle;

(d)

a train (including railway rolling stock);

(e)

for any animal, includes propagate, hatch, breed, rear and farm the animal; and

(b)

for any plant, includes —

(i)

plant a seed, seedling or cutting of the plant or transplant the plant;

(ii)

nurture, tend to or grow the plant;

(iii)

harvest the plant;

(iv)

hydroponically cultivate the plant; and

(v)

cultivate the plant with the application of an artificial source of light or heat;

Definition

“current”, in relation to any FSSA authorisation, means an FSSA authorisation that is in effect and is neither suspended, revoked nor cancelled;

Definition

“deal with”, in relation to any thing, includes —

(a)

moving, altering or interfering with the thing in any physical manner; and

(b)

an epidemic or a pandemic, the spread of any disease affecting food producing animals, an infestation of pests or a similar health hazard to humans, animals or plants;

(b)

a storm, storm tide, tsunami, flood, drought, an eruption or earthquake, a landslip or other occurrence of a similar kind;

(c)

an explosion or a fire, a chemical, fuel or oil spill, a gas leak or a poor air quality episode involving smoke;

(d)

a war, civil war, revolution, rebellion, insurrection or civil unrest arising therefrom, any hostile act by or against a belligerent power, any act of terrorism or other act of serious violence;

(e)

an export ban of any goods (identifiable or in general) by a foreign country of indeterminate length;

(f)

a strike, lockout, restraint of labour or other labour disturbance from any cause, whether partial or general;

(g)

an accident associated with the operation of a conveyance that causes widespread or severe damage to the environment, widespread or severe property loss or damage, or widespread deviations in the international transport of goods;

Definition

“document” means any thing in which content (in whatever form) is recorded; Examples A letter, a menu, a catalogue, an email, a painting, a thumb drive, a film and a sound recording.

Definition

“donate” means —

(a)

a person giving to another any thing for a charitable, benevolent, or philanthropic purpose without receiving any money or money’s worth; or

(b)

“engage in conduct” means —

(a)

to do an act or omit to do an act —

(i)

on a single occasion; or

(ii)

on a number of occasions over a period of time; or

(b)

to both do an act and omit to do an act —

(i)

on a single occasion; or

(ii)

on a number of occasions over a period of time;

Definition

“entity” means —

(a)

a body corporate (including a limited liability partnership);

(b)

an unincorporated association;

(c)

a partnership;

(d)

a business trust;

(e)

a body of individuals who together form a body; or

(f)

a person other than an individual;

Definition

“examine” includes weigh, count, test and measure;

Definition

“export” does not include the taking out of Singapore of —

(a)

any goods in transit without landing in Singapore; or

(b)

any goods that are being transhipped;

Definition

“fish product” means any of the following intended for human consumption as food:

(a)

any part of any fish;

(b)

any product derived from processing or preserving fish;

(c)

“food premises” means premises in, on or from which a food business is carried on, even on an occasional basis, and includes —

(a)

a tent, stall or other structure that is not permanently fixed to a site when it is used to carry on a food business (called a temporary food premises);

(b)

any premises that is a vehicle; and

(c)

a food vending machine,but does not include any description of premises declared by the Minister, by order in the Gazette, not to be a food premises;

Definition

“food producing animal” means a species of animal that may be bred, raised or kept, or slaughtered, trapped or harvested —

(a)

to produce food; or

(b)

manufacturing food;

(b)

preparing food;

(c)

dishing up or plating (and not merely serving) food;

(d)

any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this Act;

Definition

“foreign country” means a country outside Singapore;

Definition

“foreign food authority” means a national food authority of a foreign country whose functions correspond to that of the Agency under this Act;

Definition

“foreign government” means —

(a)

the government of a foreign country;

(b)

an authority or instrumentality of the government of a foreign country; or

(c)

a foreign regional government body;

Definition

“fresh fruits and vegetables” means unprocessed and raw fruits and vegetables that are intended for human consumption as food;

Definition

“FSSA authorisation” means —

(a)

a licence that may be granted under Part 3;

(b)

a consignment permit;

(c)

a food business licence to carry on a licensable food business at premises stated in the licence;

(d)

an animal feed production licence;

(e)

an appointment as a certified pesticide operator;

(f)

a pre‑market approval; or

(g)

“identification card” —

(a)

in relation to a food security officer, means an identification card issued under section 281(1) to the food security officer;

(b)

in relation to an authorised officer or a food inspector, means an identification card issued under section 282(1) to the authorised officer or food inspector;

(c)

in relation to an outsourced enforcement officer, means an identification card issued under section 285(3) to the outsourced enforcement officer; or

(d)

“label”, in relation to any goods, includes any tag, brand, stamp, mark, stencil or written statement, any representation or design, or any descriptive matter, that —

(a)

is attached to, annexed or affixed to the goods or any container or packaging of or thing used in connection with the goods;

(b)

is written, printed, stamped or located on the goods or any container or packaging of or thing used in connection with the goods;

(c)

is determined on the basis of anything encoded on or in relation to the goods;

(d)

is displayed or used in connection with, or is accompanying, the goods or anything on which the goods are mounted for display or exposed for supply; or

(e)

is otherwise applied to the goods or any container or packaging of or thing used in connection with the goods in a manner from which it may reasonably be inferred that it is applicable to those goods,and includes a label that is partly obscured by another label that is written, stamped or located partly over the firstmentioned label;

Definition

“labelling requirement”, for any food or agri‑food production input, means a regulation made under section 309(2) in relation to that food or agri‑food production input;

Definition

“land” includes —

(a)

any structure or premises in, under or over land;

(b)

any foreshore;

(c)

any land that is underwater; and

(d)

is either —

(i)

on a board, screen, poster, leaflet or similar thing in or at the premises from which the items of food shown on the menu are sold; or

(ii)

displayed on an online location of a person who sells, or causes to be sold, the items of food online,and includes any other document that is prescribed in any regulations made under this Act;

Definition

“Minister” means —

(a)

except as provided in paragraph (b), the Minister charged with the responsibility for food safety and food supply resilience and sustainability; or

(b)

for the purposes of Part 9 and any Part 9 Regulations, the Minister charged with the responsibility for health promotion;

Definition

“mobile home” means a conveyance, other than a vessel —

(a)

“officer” —

(a)

in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —

(i)

any person purporting to act in any such capacity; and

(ii)

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

(b)

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —

(i)

any person holding a position analogous to that of president, secretary or member of the committee of the unincorporated association; and

(ii)

any person purporting to act in any such capacity; and

(c)

bulk cargo containers;

(b)

pallet overwraps;

(c)

crates and packaging that do not obscure labels on the goods;

(d)

is in a domesticated state or under the control of humans, regardless of whether animals of its species are classified at common law as being of a tame or domestic nature (such as pet herpetofauna);

(b)

is a species ordinarily kept by an individual in his or her private residence; and

(c)

is not kept for the purpose of human consumption;

Definition

“physical harm” includes any illness and any injury;

Definition

“place” means any land, premises or conveyance, or a part of any land, premises or conveyance;

Definition

“plant”, as a noun, means —

(a)

any species of plant (whether living or dead);

(b)

any vegetable, fruit, flower, leaf, stem, branch, bulb, spore, seed, root, cutting, graft, scion and any other part (whether severed or attached) intended for propagation or from which further plants may be propagated; or

(c)

any mushroom or cyanobacteria,and includes any part of a plant;

Definition

“plant pesticide” means a substance or a mixture of substances that is represented, imported, supplied or prepared, or used in the course of cultivating plants, as a means of directly —

(a)

destroying, repelling, inhibiting the feeding of, or preventing infestation by or attacks of, any pest in relation to a plant;

(b)

destroying a plant;

(c)

modifying the physiology of a plant or pest so as to alter its natural development, productivity, quality or reproductive capacity; or

(d)

attracting a plant pest for the purpose of destroying it,but does not include any substance or mixture of substances declared by the Minister, by order in the Gazette, not to be a plant pesticide;

Definition

“plant pesticide product” means an item of plant pesticide that is manufactured for sale or to be made available for sale;

Definition

“poultry” means a chicken, turkey, duck, goose, quail, squab, guinea fowl or pheasant;

Definition

“pre‑market approval” has the meaning given by section 105;

Definition

“premises” means —

(a)

any place in Singapore —

(i)

whether enclosed or not;

(ii)

whether built on or not; and

(iii)

whether underground or underwater; or

(b)

any conveyance in Singapore,and includes any part of such a place or conveyance;

Definition

“prepacked”, in relation to food, means food that is sealed or packed in the package in which the food is to be supplied;

Definition

“prepare”, in relation to food, has the meaning given by section 10(3);

Definition

“prescribed infectious disease” means —

(a)

any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976;

(b)

any skin disease which is likely to be contagious; or

(c)

“proprietor”, for a food business, means —

(a)

the person carrying on the food business; or

(b)

“requirement of this Act” means —

(a)

a requirement of or under any provision of this Act;

(b)

a requirement of a section 116 direction or a Part 7 direction; or

(c)

a requirement of a notice given under any provision of this Act;

Definition

“restrict” includes allow on conditions;

Definition

“retail food business” means a food business involving —

(a)

the preparation of food for direct retail sale to consumers (other than as part of paragraph (b) or (c));

(b)

the sale, preparation or serving, of food that is ready‑to‑eat for consumers’ immediate consumption at the place, on delivery, when taken away, or from mobile or vehicle-based businesses that prepare such food;

(c)

the sale, preparation or serving, of —

(i)

ready‑to‑eat food for consumers’ immediate consumption at a place or premises other than where the food was prepared; or

(ii)

food at a place or premises of the consumer’s choosing for the consumer’s immediate consumption at that place or premises; or

(d)

the handling (without any preparation) of food for direct retail sale to consumers (other than as part of paragraph (b) or (c)) at the place or when taken away;

Definition

“sample” includes —

(a)

a specimen; and

(b)

“substance” includes —

(a)

any gas, liquid or solid;

(b)

any organism or part of an organism;

(c)

any material that is produced from an organism;

(d)

any matter whose production involves the use of an organism;

(e)

any radioactivity or electromagnetic radiation; and

(f)

a combination of substances;

Definition

“supervising”, in relation to the engaging in any conduct or carrying out of work (including an analysis) by an individual (A), means —

(a)

observing or monitoring the conduct being engaged in or work being carried out by A to the extent necessary to enable the observer or monitor to form an opinion as to whether the conduct or work is being engaged in or carried out properly; and

(b)

“unsafe” —

(a)

in relation to food, has the meaning given by section 11; and

(b)

in relation to primary produce, has the meaning given by section 14(3);

Definition

“unsuitable”, in relation to food, has the meaning given by section 12;

Definition

“unwholesome”, in relation to non‑packaged drinking water, has the meaning given by section 115(4);

Definition

“use”, for a plant pesticide, means using in such a way that one or more plants are exposed to it, and includes —

(a)

applying, spraying, spreading or dispersing the plant pesticide by any means on plants;

(b)

keeping the plant pesticide for any activity in paragraph (a); or

(c)

preparing the plant pesticide for any activity in paragraph (a);

Definition

“vehicle” means any vehicle (whether mechanically propelled or otherwise) that runs on wheels and is designed to transport goods, people or goods and people, on land, but excludes a train or rolling stock;

Definition

to require that person to provide an explanation of the information;

(c)

if the information is not produced, to require the person to state, to the best of the knowledge and belief of that person, where it is; (d)if the information is recorded otherwise than in legible form, to require the information to be made available in legible form; and

(e)

if the information required to be provided is not in English, to require the person to arrange for an accurate translation to be done at the cost of that person.

(6)

Where —

(a)

by or under any provision in this Act or any direction given under this Act, an act or thing is required or directed to be done within a particular period or before a particular time;

(b)

failure to do that act or thing within the period or before the time mentioned in paragraph (a) constitutes an offence; and

(c)

that act or thing is not done within the period or before the time mentioned in paragraph (a),the obligation to do that act or thing continues, even though that period has expired or that time has passed, until that act or thing is done.

(7)

In this Act, an officer of a public authority includes a public officer, or an employee of another public authority, for the time being performing duties in the firstmentioned public authority under a contract, or under an arrangement (such as a secondment) making available temporarily to the firstmentioned public authority the services of the public officer or the other public authority’s employee.

(8)

any cosmetics;

(f)

any thing that is or contains any tobacco product or tobacco substitute within the meaning of section 2(1) of the Tobacco (Control of Advertisements and Sale) Act 1993;

(g)

any packaging (except edible packaging);

(h)

any thing that is or contains any animal feed;

(i)

any thing that is or contains any substance or thing declared by the Minister, by order in the Gazette, not to be food for the purposes of this Act.

(4)

A substance, thing or chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption.

(5)

To avoid doubt, “food” may include live animals and plants.

Clause 5

In this Act, a “licensable food business” means a food business in Singapore that falls within a class of retail food business or non‑retail food business that is specified in the First Schedule.

(2)

The Minister may, by order in the Gazette, amend the First Schedule —

(a)

by deleting a class of food business in the First Schedule;

(b)

by varying the description of a class of food business or replacing a class of food business in the First Schedule; or (c)by adding a class of food business to the First Schedule.

(3)

Before amending the First Schedule with respect to any class of food business, the Minister must take into account the following factors:

(a)

the risk to public health and the need to prevent or reduce the possibility of a serious danger to public health if the class of food business is not specified in the First Schedule;

(b)

whether there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health if the class of food business is not specified in the First Schedule;

(c)

the kind of food handled or likely to be handled, and the manner and scale of food handling, when carrying on the class of food business;

(d)

the components ordinarily operated as part of that class of food business;

(e)

the type and number of ultimate consumers ordinarily sold or supplied food by or from the class of food business;

(f)

any other matter or evidence as may be relevant for the purposes of section 2(c).

Clause 7

Meanings of “publish in Singapore”, “advertise” and associated terms

(1)

In this Act, “publish in Singapore”, in relation to any content, means communicating, distributing, or making available or making known, the content to the general public, in whatever form and by whatever means, such as (but not limited to) —

(a)

including the content in a newspaper, magazine, leaflet, brochure, ticket or other document that is available, or distributed, to the general public;

(b)

including in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the general public;

(c)

publicly displaying the content, or something that contains the content, in Singapore; Examples A blimp, a gas‑inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed. An animated billboard. A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service, where the monitor, screen, panel or appliance is situated on common property.(d)leaving the content, or something containing the content, in such a position in a public place and in such circumstances as to indicate that it is intended to be available for collection by members of the general public who are in a public place;

(e)

selling, hiring out or supplying the content, or something containing the content, to the general public, or offering the content, or something containing the content, for sale or supply to, or hire by, the general public;

(f)

posting the content as online material, to which any person physically present in Singapore is capable of having access through the internet;

(g)

providing the content on or by any service that —

(i)

is a social media service, a relevant electronic service or a telecommunication service (such as but not limited to SMS and MMS); and

(ii)

is —

(A)

between a point in Singapore and one or more other points in Singapore; or

(B)

between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore,so that the content is accessible to or delivered to, one or more users of the service who are physically present in Singapore;

(h)

direct marketing of the content to any individuals physically present in Singapore; or

(i)

publishing the content on an app to which any person physically present in Singapore is capable of having access through the internet.

(2)

In this Act, “advertise” or “advertising” as a verb, means to publish, or to cause or authorise to be published, any advertisement in Singapore.

(3)

For the purposes of this Act and without limiting the generality of the definition of “advertise” or “advertising” in subsection (2), a person is to be treated as causing or authorising to be published, content in Singapore if the person —

(a)

pays for, commissions, or authorises the content, or something that contains the content, to be published in Singapore; or

(b)

receives consideration for the display, placement or location of the content, or something that contains the content, in a manner described in subsection (1), where the display, placement or location of the advertisement is determined by systems or processes that are agreed between the parties entering into the contract relating to the advertisement.

(4)

However, none of the following, of itself, amounts to advertising by an individual or a person concerned:

(a)

an individual communicating —

(i)

to the general public his or her personal opinion in relation to any goods or services or any person who provides goods or services; and

(ii)

without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication;

(b)

an individual communicating any content, or something that contains content, that is online material produced entirely by another person in either of the following ways, without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication:

(i)

by using —

(A)

a social media service;

(B)

a relevant electronic service; or

(C)

a telecommunication service (such as but not limited to SMS and MMS);

(ii)

by —

(A)

forwarding the content, or the something that contains the content, to; or

(B)

sharing the content or the something that contains the content with,other users of the service without altering the content;

(c)

an individual expressing through a functionality of a social media service or a relevant electronic service, his or her view about any content, or something that contains any content, that is content produced entirely by another person, being a functionality which enables an end‑user of the service to do anything as follows:

(i)

apply a “like” or “dislike” button or other similar button;

(ii)

apply an emoji or symbol of any kind;

(iii)

engage in yes/no voting;

(iv)

rate or score the content in any way;

(d)

a person providing a service (such as a search engine service) that enables end-users of a social media service, a relevant electronic service or a telecommunication service to search online locations or online material, index search results or otherwise retrieve information or material from the search results; (e)a proprietor of any food business displaying or exhibiting, or causing or allowing to be displayed or exhibited, any words or symbols that appear in or on any premises occupied by the proprietor and that relate to the food business, including a menu relating to that food business;

(f)

2 or more persons communicating content between themselves that is of a private or domestic nature, by using —

(i)

a social media service;

(ii)

a relevant electronic service; or

(iii)

a telecommunication service (such as but not limited to SMS and MMS); (g)engaging in any other conduct specified or described by the Minister, by order in the Gazette.

(5)

In this section —

Definition

“a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else;

Definition

“access”, in relation to any content that is online material or an online location, means to read, view, hear or otherwise experience the content, and includes —

(a)

access that is subject to a precondition, such as the use of a password;

(b)

access by way of push technology;

(c)

access by way of a standing request; and

(d)

access for a limited period of time only;

Definition

“advertisement” means any content that can reasonably be regarded as intended to promote, directly or indirectly —

(a)

the sale of any goods or services; or

(b)

“excluded electronic service” means —

(a)

an electronic service where the only user‑generated content enabled by that service is one‑to‑one live aural communications;

(b)

an electronic service where the only user‑generated content enabled by that service is communication between 2 or more persons that is of a private or domestic nature; or

(c)

an electronic service where the user‑generated content enabled by that service is accessible substantially or only to a closed group of persons employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business;

Definition

“MMS” means a service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile phone to another mobile phone through a telecommunication service;

Definition

a service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser;

(d)

a point‑to‑multipoint service;

Definition

“SMS” means a service that enables the transmission of short text messages from an end‑user on a mobile phone to another mobile phone through a telecommunication service;

Definition

“social media service” has the meaning given by section 45T(1) of the Broadcasting Act 1994;

Definition

“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999.

(6)

For the purposes of this section, whether any communication of content on or by a service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors:

(a)

the number of individuals in Singapore who are able to access the content by means of the service;

(b)

any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service);

(c)

the relationship between the persons that the content is being or has been communicated;

(d)

any other relevant factor.

Clause 8

Meanings of “sell” and “supply”

(1)

In this Act, “sell”, in relation to food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to food for handling or for human consumption:

(a)

sell or re‑sell;

(b)

barter;

(c)

receive, or having in possession, for sale;

(d)

display for sale;

(e)

send, forward or deliver for sale;

(f)

dispose of by any method for valuable consideration;

(g)

dispose of to an agent for sale on consignment;

(h)

provide as a refreshment or a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work;

(i)

offer or give away for the purpose of advertising or in furtherance of any trade or business;

(j)

provide under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food provided and the accommodation, service or entertainment;

(k)

provide food (whether or not for consideration) in the course of providing services —

(i)

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

(ii)

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

(iii)

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

(l)

dispose of by way of raffle, lottery or other game of chance;

(m)

offer as a prize or reward.

(2)

In this Act, “sell”, in relation to any other object or thing which is not food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to the object or thing:

(a)

sell or re‑sell;

(b)

barter;

(c)

receive, or having in possession, for sale;

(d)

display for sale;

(e)

send, forward or deliver for sale;

(f)

dispose of by any method for valuable consideration;

(g)

dispose of to an agent for sale on consignment;

(h)

offer or give away for the purpose of advertising or in furtherance of any trade or business;

(i)

dispose of by way of raffle, lottery or other game of chance;

(j)

offer as a prize or reward.

(3)

In this Act, “supply” —

(a)

in relation to food, includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to food for handling or for human consumption:

(i)

sell;

(ii)

donate, or give to another without receiving any money or money’s worth;

(b)

in relation to non-packaged drinking water, has the meaning given by section 114(1); and

(c)

in relation to an object or a thing not in paragraphs (a) and (b), includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to the object or thing:

(i)

sell;

(ii)

donate, or give to another without receiving any money or money’s worth.

(4)

For the purposes of this Act —

(a)

food, an object or a thing that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertising or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food, object or thing;

(b)

food, an object or a thing that is donated to a person who distributes food, objects or things for a charitable, benevolent or philanthropic purpose is not to be taken to be food, an object or a thing that was given away for the purpose of advertising or in furtherance of trade or business;

(c)

food, an object or a thing that is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises;

(d)

food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as food for sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and

(e)

food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as food sold, offered for sale, or displayed for sale, for human consumption.

(5)

Despite subsections (1), (2) and (3), this Act does not extend to the following:

(a)

exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature;

(b)

giving food, an object, or a thing to another individual as part of a personal relationship between individuals that is not commercial in nature;

(c)

providing food together with accommodation to an individual residing at another individual’s private residence in exchange for services or labour by the firstmentioned individual.

Clause 9

Meaning of “handling” food

In this Act, “handling”, in relation to food, includes any one or more of the following activities:

(a)

preparing or manufacturing the food;

(b)

processing the food;

(c)

storing, packing or labelling the food;

(d)

transporting or delivering the food;

(e)

displaying the food;

(f)

dishing up or plating the food;

(g)

serving the food;

(h)

supervising the performance of any activity in paragraph (a), (b), (c), (d), (e), (f) or (g) by another individual;

(i)

any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this section.

Clause 10

Meanings of “manufacturing” and “preparing” food

(1)

In this Act, “manufacture”, in relation to food, includes any one or more of the following:

(a)

making food by combining ingredients;

(b)

significantly changing the condition or nature of food by any process; Illustrations Preserving or pickling vegetables. Milling flour. Peeling, cutting or freezing fruits. Extracting oil from seeds. Baking. Extracting protein from cells.(c)bottling or canning food, including bottling water;

(d)

packing unpackaged food, other than unprocessed primary produce;

(e)

making ice;

(f)

sterilising, fermenting, pasteurising or freeze‑drying food;

(g)

dismembering, filleting, peeling or shucking seafood;

(h)

boiling crustacea;

(i)

dairy processing;

(j)

meat processing or other processing of food.

(2)

However, “manufacture”, in relation to food, does not include any of the following:

(a)

preparing food at a particular place for retail sale at the place, including sale for immediate consumption; Illustrations Cooking food at a restaurant for sale to a diner in the restaurant. Assembling and packing sandwiches in a package at a fast‑food outlet for retail sale at the outlet.(b)preparing food in the course of a food business that is or consists of a catering service;

(c)

making ice at a particular place for use at the place;

(d)

a liquid milk product;

(d)

cream and thickened cream;

(e)

butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil);

(f)

casein, caseinate and cheese;

(g)

whey, whey cream and concentrated whey cream;

(h)

cultured milk and yoghurt;

(i)

ice‑cream and ice‑cream mix; and

(j)

buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.

Clause 11

Meaning of “unsafe” food

(1)

For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause physical harm to an individual who might later consume it, assuming —

(a)

it was, after that particular time and before being consumed by the individual, properly subjected to all processes (if any) that are relevant to its reasonable intended use;

(b)

nothing happened to it after that particular time and before being consumed by the individual that would prevent it being used for its reasonable intended use; and

(c)

it was consumed by the individual according to its reasonable intended use.

(2)

However, food is not unsafe for the purposes of this Act merely because —

(a)

any individual objects to it because of personal preference;

(b)

any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds;

(c)

its consumption in inappropriate quantities may damage an individual’s health; or

(d)

its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.

(3)

In subsection (1), the reference to processes includes a reference to processes involving storage.

Clause 12

Meaning of “unsuitable” food

(1)

For the purposes of this Act, food is unsuitable if it is food that —

(a)

is damaged, deteriorated or perished to an extent that affects its reasonable intended use;

(b)

contains, or has attached to it or enclosed with it —

(i)

any damaged, deteriorated, perished or contaminated substance or thing, to an extent that affects its reasonable intended use; or

(ii)

any thing which is inedible, or is otherwise alien to the particular food;

(c)

is the product of a diseased animal, or an animal that —

(i)

has died otherwise than by slaughter; and

(ii)

has not been declared by or under this Act or another Act to be safe for human consumption;

(d)

has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use;

(e)

is outdated food, or consists of or has as an ingredient that is outdated food;

(f)

contains a food production substance which is not an approved food production substance for that food;

(g)

contains an approved food production substance at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that food production substance; or

(h)

contains —

(i)

a proscribed contaminant or any residue of a proscribed contaminant; or

(ii)

“outdated”, in relation to any food in or from a package, means food that is unused or not consumed —

(a)

within the period recommended by the manufacturer of the food; or

(b)

before the end of the period that is required by any regulations made under Part 15 to be specified on the package of that food under a prescribed date marking requirement;

Definition

“proscribed contaminant”, for any particular food, means a contaminant that is prohibited under any standard with respect to the particular food;

Definition

“restricted contaminant”, for any particular food, means a contaminant that is allowed to be present in the particular food at no greater a level prescribed in any standard for that food;

Definition

“veterinary drug” means a substance that is represented as being suitable for, or that is manufactured, supplied or used for, administration or application to an animal by any means, or consumption by an animal, as a way of directly or indirectly —

(a)

preventing, diagnosing, curing or alleviating a disease or condition in the animal or an infestation of the animal by a pest;

(b)

curing or alleviating an injury suffered by the animal;

(c)

modifying the physiology of the animal —

(i)

so as to alter its natural development, productivity, quality or reproductive capacity; or

(ii)

so as to make it more manageable; or

(d)

modifying the effect of another veterinary drug.

Clause 13

Meaning of “defined food”

(1)

For the purposes of this Act, food is defined food if the food —

(a)

is, consists of or has as an ingredient a novel food in respect of which no pre‑market approval is granted;

(b)

is, consists of or has as an ingredient a genetically modified food in respect of which no pre‑market approval is granted; or

(c)

is, consists of or has as an ingredient, in any form (whether whole or in parts and whether fresh, chilled, frozen, dried, smoked, salted or in brine, or as flour) an edible insect‑like species which is not a catalogued insect‑like species.

(2)

“novel food” means —

(a)

a substance (which may consist of, be isolated from or produced from, cell culture or tissue culture derived from animals, plants, bacteria or yeast, fungi, algae or other micro‑organism) that has not been used to a significant degree as food for a period of at least 20 years, whether within or outside Singapore;

(b)

a food that has been manufactured, prepared or preserved by a process that has not been previously used in food production for a period of at least 20 years, whether within or outside Singapore;

(c)

a food consisting of, isolated from or produced from material of mineral origin that has not been previously used in food production for a period of at least 20 years, whether within or outside Singapore; or

(d)

a food that contains or consists of engineered nanomaterials,but does not include any food that is, consists of or has as an ingredient an insect-like species in any form.

Clause 14

Meanings of “primary produce” and “unsafe primary produce”

(1)

“Primary produce” means —

(a)

food produced by any primary production activity;

(b)

an animal, plant or other organism intended for human consumption as food;

(c)

raw material taken from an animal, a plant or any other organism intended for food; or

(d)

For the purposes of this Act, an animal feed is not fit for purpose if it —

(a)

spreads organisms or pathogenic agents to a level or in a manner that could be harmful to humans;

(b)

contains a proscribed substance for the animal feed or any residue of the proscribed substance;

(c)

results in food production substances or restricted contaminants in food at a greater level than permitted under any standard, where a maximum level is so prescribed in the standard for that food production substance or restricted contaminant;

(d)

is toxic to an extent that causes unnecessary pain or distress to animals that consume it; or

(e)

transmits disease, results in physical harm, or causes unnecessary pain and distress to animals that consume it.

(4)

In this section —

Definition

“basic animal feed” means grain, seeds, hay, meat, fish or milk used as animal feed, or in the preparation of animal feed;

Definition

“feed additive” means a substance or combination of substances that —

(a)

is not normally consumed as animal feed by itself;

(b)

is intentionally added as an ingredient to basic animal feed; and

(c)

affects the characteristics of the animal feed or animal products,whether or not the substance or combination of substances has any nutritional value or other effect on the animal; Examples Micro‑organisms, enzymes, pH regulators, trace elements and vitamins.

Definition

“pet food” means a material or a mix of materials (whether processed, semi‑processed or raw) which is produced for consumption by pets.

Clause 17

Meaning of “associate”

(1)

For the purposes of this Act, a person (A) is an associate of another person (B) if —

(a)

A is B’s spouse; (b)A is a relative of B or B’s spouse;

(c)

A is the spouse of a relative of B, or B’s spouse;

(d)

A is a partner of B with whom A is in a partnership;

(e)

A is a spouse or relative of any individual with whom B is in a partnership;

(f)

A is an employer of B or an employee of B, and for this purpose, any director or other officer of a company is treated as employed by that company; or

(g)

A has a relationship with B in a manner prescribed under subsection (3).

(2)

For the purposes of subsection (1), a person is a relative of an individual if the person is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating —

(a)

any relationship of the half blood as a relationship of the whole blood, and the stepchild or adopted child of any person as that person’s child; and

(b)

an illegitimate child as the legitimate child of the child’s mother and reputed father.

(3)

The Minister may make rules in the Gazette providing that any person or class of persons is an associate of another person for the purposes of subsection (1)(g).

Clause 18

Definitions for Part 2

(1)

In this Part —

Definition

“agri‑food supply chain” means a supply chain for providing individuals with items of food for personal consumption (each called in this Act an ultimate consumer) where the items of food consist of or include, or have been produced using (directly or indirectly, and whether or not exclusively), the whole or part of —

(a)

any food;

(b)

any primary produce;

(c)

any creature or other thing taken from the wild; or

(d)

any agri‑food production input;

Definition

“agri‑food supply chain participant” means any of the following:

(a)

any ultimate consumer in Singapore;

(b)

any person engaged in primary production activities in Singapore;

(c)

any person engaged in taking any animal, plant or other thing from the wild in Singapore for the purposes of consumption by humans or food producing animals;

(d)

any person in Singapore in the agri‑food supply chain between persons mentioned in paragraph (b) or (c) and the ultimate consumers, such as (but not limited to) a person undertaking any of the following activities in Singapore:

(i)

producing, manufacturing, preparing or processing any food or agri‑food production input;

(ii)

selling, distributing, transporting, supplying or storing any food or agri‑food production input;

(iii)

making any food or agri‑food production input available in Singapore, or providing the food or agri‑food production input to another person in Singapore;

Definition

“average MSR” has the meaning given by section 20(b);

Definition

“daily MSR” has the meaning given by section 20(a);

Definition

“food security factors” means all of the following:

(a)

global food availability;

(b)

supply sources for food, including the range of supply sources and the availability to the ultimate consumers of food from local and other sources;

(c)

the resilience of the agri‑food supply chain in response to natural or man‑made disasters, climate change, severe disturbances in agricultural markets and other disruptions in the supply of food;

(d)

on land in Singapore;

(b)

on a vessel that —

(i)

is in a port in Singapore; or

(ii)

is moored in Singapore territorial waters waiting to enter a port in Singapore; or

(c)

in other circumstances prescribed by the Part 2 Rules for the purposes of this subsection.

(3)

A reference in section 23, 24, 27 or 32 to the Director‑General, Food Security includes a reference to a food security officer duly appointed by the Director‑General, Food Security to act for him or her.

Clause 19

When entity holds stocks of MSR product

(1)

For the purposes of this Act, an entity holds stocks of an MSR product if —

(a)

the entity is the holder of the stocks under subsection (2) or (3); and

(b)

the stocks are none of the following:

(i)

any stock which is being kept for the exclusive use of the Singapore Armed Forces or any visiting forces;

(ii)

any stock which is kept wholly or principally for personal or domestic consumption;

(iii)

any stock being stored in the food premises of a retail food business;

(iv)

any stock which is being stored in a seagoing vessel for the consumption of crew or passengers or both;

(v)

any stock which is unsuitable food, unsafe food or a defined food.

(2)

An entity is the holder of stocks of an MSR product under this subsection if —

(a)

the entity owns the stocks;

(b)

the stocks are being stored in Singapore by the entity or by another entity on behalf of the firstmentioned entity; and

(c)

no other entity is the holder of the stocks by virtue of this subsection.

(3)

However, if more than one entity would be the holder of the same stock of MSR product under subsection (2), then —

(a)

which of those entities is the holder of the stock; and

(b)

the share of the stock each entity is the holder of,must be as agreed between the entities but, in the absence of any such agreement, must be determined by the Director‑General, Food Security in accordance with the method prescribed by the Part 2 Rules.

Clause 20

What is minimum stockholding requirement or MSR

Entity subject to MSR

(1)

An entity is subject to a minimum stockholding requirement in relation to an MSR product if —

(a)

the minimum stockholding requirement has been triggered for the entity in relation to the MSR product because of section 23; and

(b)

the entity has not ceased to be subject to the minimum stockholding requirement in relation to the MSR product because of section 24.

(2)

An entity is also subject to a minimum stockholding requirement in relation to an MSR product if —

(a)

Subsection (6) is subject to section 26(2).

(8)

In giving a trigger notice under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the trigger notice a chance to be heard before the trigger notice is given.

(9)

The quantity or average quantity (as the case may be) of stocks of MSR product may be specified in a trigger notice in any of the following terms:

(a)

a fixed quantity;

(b)

a rate or formula by which a quantity is to be calculated.

(10)

The minimum interval in subsection (6)(a), for any trigger notice, is the following period after the day the trigger notice is given:

(a)

6 months;

(b)

another period specified in the Part 2 Rules in substitution of the period in paragraph (a), for a trigger notice or class of trigger notices given on or after the other period as so specified in those Rules.

Clause 24

Ceasing to be subject to MSR

(1)

An entity ceases to be subject to the minimum stockholding requirement in relation to an MSR product if the Director‑General, Food Security cancels the trigger notice given to the entity.

(2)

The Director‑General, Food Security must, upon being satisfied that the entity has permanently or indefinitely stopped undertaking all MSR activities in relation to that MSR product, cancel the trigger notice given to the entity.

(3)

During the period an order made under subsection (1) has effect, entities are not required to comply with section 20(a) or (b) in relation to the specified MSR product.

(3)

An order made under subsection (1) has effect for the suspension period specified in it or until the day it is earlier revoked under subsection (4).

(4)

An order made under subsection (1) may be revoked at any time by the Minister before the expiry of the suspension period specified in that order.

(5)

However, the cessation of an order made under subsection (1) having effect (whether by revocation or expiry of a suspension period) does not prevent a further order being made under subsection (1) by the Minister if the Minister is satisfied that the circumstances warrant it under subsection (1).

Clause 27

Determination of assumption or division of MSR

(1)

The Director‑General, Food Security may make a determination that he or she is satisfied that an entity’s (called the divesting entity’s) minimum stockholding requirement in relation to an MSR product is being assumed by, or divided with, another entity or entities (called the receiving entity or entities).

(2)

The Director‑General, Food Security may make the determination on the application of a divesting entity or receiving entity or on the Director‑General, Food Security’s own initiative.

(3)

For the purposes of subsection (3), “MSR product average shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product for a relevant period, means the quantity calculated by subtracting —

(a)

the average quantity of the stocks of the MSR product actually held by the entity during that relevant period where lower than the quantity in paragraph (b); from(b)the average quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold during that relevant period.

(5)

Where an entity subject to a minimum stockholding requirement in relation to an MSR product becomes liable under subsection (1) to pay an MSR charge for a relevant period, the entity’s liability continues despite the entity ceasing to be subject to that minimum stockholding requirement.

(6)

Any liability under this section is in addition to and does not affect any liability under section 30.

(7)

This section is subject to a remission under section 39.

Clause 30

Daily MSR default — civil penalty

(1)

If —

(a)

an entity is subject to a minimum stockholding requirement in relation to an MSR product; and

(b)

the entity contravenes section 20(a) by not holding at least the daily MSR of stocks of the MSR product designated for the entity for any day for which a trigger notice given to the entity is in force,the entity shall be liable to pay an MSR charge of an amount that is calculated in relation to that day using the formula in subsection (3).

(2)

The MSR charge payable under subsection (1) must be paid to the Director‑General, Food Security not later than the 14th day after a written demand to pay that MSR charge is given by the Director‑General, Food Security to the entity in question.

(3)

For the purposes of subsection (1), the formula, for each day which is the subject of the written demand given under subsection (2), is as follows:where —

(a)

M is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the day; and

(b)

K is the MSR product shortfall for that day, calculated in accordance with subsection (4).

(4)

For the purposes of subsection (3), “MSR product shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product on a day, means the quantity calculated by subtracting —

(a)

the quantity of the stocks of the MSR product actually held by the entity on that day where lower than the quantity in paragraph (b); from(b)the quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold on that day.

(5)

Where an entity subject to a minimum stockholding requirement in relation to an MSR product becomes liable under subsection (1) to pay an MSR charge for any day or days, the entity’s liability continues despite the entity ceasing to be subject to that minimum stockholding requirement.

(6)

Any liability under this section is in addition to and does not affect any liability under section 29.

(7)

who falls within any class of persons prescribed in the Part 2 Rules for the purposes of this section,to provide information to the Director‑General, Food Security, within a reasonable period specified in that requirement.

(2)

For the purpose of subsection (1), a person is “closely connected” with an agri‑food supply chain if the person is any of the following:

(a)

anybody providing, to any person mentioned in subsection (1)(a)(i), goods or services related to —

(i)

the health of food producing animals, or plants, involved in the agri‑food supply chain; or

(ii)

the safety or quality of any food to be provided to the ultimate consumers;

(b)

any person carrying on activities capable of affecting a matter mentioned in paragraph (a)(i) or (ii);

(c)

any body representing persons mentioned in subsection (1) or paragraph (a) or (b) of this subsection.

(3)

To avoid doubt, it does not matter whether the person required under subsection (1) is subject to a minimum stockholding requirement in relation to an MSR product.

(4)

However, subsection (1) does not apply in relation to individuals in an agri‑food supply chain so far as they are in the agri‑food supply chain by reason of them, or members of their households, being the ultimate consumers.

(5)

In giving a requirement under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the requirement a chance to be heard before the requirement is given.

(6)

A requirement under this section is binding on the person to whom it is addressed and given, and that person is bound to state truly what the person is required.

Clause 33

Subject information of section 32 requirement

(1)

The power in section 32 may be exercised only in relation to any information —

(a)

about matters relating to a person’s activities connected with the agri‑food supply chain so far as the activities are in or relate to Singapore;

(b)

which the Director‑General, Food Security considers necessary for all or any of the following purposes:

(i)

to determine what is an MSR product and the MSR activity for an MSR product, and holdings of an MSR product;

(ii)

to determine whether there are grounds to exercise any power under section 23, 24, 25, 26 or 27, or under any other provision of this Act directed at mitigating the impact on Singapore of agri‑food supply chain disruptions or the impact of disruptive events on the supply of food or agri‑food production inputs in Singapore;

(iii)

to monitor or analyse markets connected with agri‑food supply chains;

(iv)

to monitor the resilience of the agri‑food supply chain in response to natural or man‑made disasters, climate change, severe disturbances in agricultural markets and other disruptions in the supply of food and agri‑food production inputs; and

(c)

that is —

(i)

within the knowledge of the person to whom a requirement under section 32 is given; or

(ii)

in the custody or under the control of that person.

(2)

However, nothing in this section requires a person to provide any information subject to legal privilege.

Clause 34

(b)

the disclosure is not authorised by this section; and

(c)

the person does so —

(i)

knowing that the disclosure is not authorised by this section; or

(ii)

reckless as to whether the disclosure is or is not authorised by this section,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(4)

In proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, any of the following:

(a)

the information was, at the time of its disclosure by the person charged, information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;

(b)

the person charged disclosed or caused the disclosure of information as authorised or required by an order of court.

(5)

In subsection (2), “anonymised form”, for any information or particulars, means any form that will not identify, and is not reasonably capable of being used to identify, any person to whom the information or particulars relate.

(6)

To avoid doubt, this section does not affect the authorisation to share any information under the control of a Singapore public sector agency with another Singapore public sector agency to the extent permitted by any data sharing direction given under the Public Sector (Governance) Act 2018.

Clause 36

Compliance and non-compliance with section 32

(1)

Where —

(a)

any information which is required by a section 32 requirement to be given to the Director‑General, Food Security is not given or is not given within the time delimited in the requirement; or

(b)

information which is required by a section 32 requirement to be given to the Director‑General, Food Security is given to the Director‑General, Food Security, but the information does not comply with the requirements of section 34(b) as regards the form of the information,then the person required to give the information shall be guilty of an offence.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3)

Subsection (1) does not apply if the person required to give the information has a reasonable excuse.

(4)

The ordinary meaning of “reasonable excuse” is affected by section 258.

Clause 37

Interest in case of civil penalty default

If any MSR charge is not paid before the end of the time delimited by or under section 29(2) or 30(2), the entity concerned is liable to pay to the Director‑General, Food Security interest, at the rate prescribed in the Part 2 Rules, on the amount of MSR charge unpaid, calculated on a daily basis from the end of the time so delimited until the day the MSR charge is paid.

Clause 38

Recovery of civil penalty

(1)

Any MSR charge is deemed, when it becomes due and payable at the expiry of the time so delimited by or under section 29(2) or 30(2), to be a debt due to the Government from the person from whom the MSR charge is due and payable, and must be collected and received by the Director‑General, Food Security in accordance with this Act.

(2)

Any MSR charge, and all interest imposed under section 37, that is unpaid may be recovered as a debt in any court of competent jurisdiction in the name of the Agency.

(3)

Any action or remedy for recovery of any MSR charge and any interest under section 37 may be taken at any time, despite any written law to the contrary.

(4)

All MSR charges collected or recovered under this Part, and all interest imposed under section 37, must be paid into the Consolidated Fund.

Clause 39

Remission

(1)

Where it is shown to the satisfaction of the Minister —

(a)

that payment of any MSR charge payable is likely to cause substantial hardship to an entity; or

(b)

that payment of any MSR charge payable by a particular entity is not compatible with the purposes of this Part having regard to the peculiar facts of the case,the Minister may remit the payment of the MSR charge, either in whole or in part.

(2)

This section also applies to any interest imposed under section 37.

Clause 40

a person to whom the trigger notice is given has no right of appeal under Part 12.

(3)

For a period of 2 years after the commencement of this Part, the Minister may, by regulations in the Gazette, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of this Part as the Minister may consider necessary or expedient.

Clause 42

Definitions for Part 3

(1)

In this Part —

Definition

“agri‑food production input” excludes the following even if essential in undertaking any primary production activity:

(a)

any animal reproductive material from a food producing animal;

(b)

any young of a food producing animal;

(c)

any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;

(d)

any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals;

Definition

“applicable standard” —

(a)

in relation to a particular food, at a particular time, means the standard or labelling requirement in force in relation to the food at that time that relates to —

(i)

the composition or nature of food (including food production substances and contaminants in it, the maximum amounts of food production substances and contaminants, or residues thereof, that may be present in the food, and its microbiological status and safety) and the method of sampling and testing the food to determine its composition or nature;

(ii)

food packaging;

(iii)

the handling of the food, including the method of handling; or

(iv)

the content of labels for food;

(b)

in relation to a particular regulated food contact article, at a particular time, means the standard in force in relation to that regulated food contact article at that time that relates to the construction of that regulated food contact article;

(c)

in relation to a particular animal feed, at a particular time, means the standard in force in any animal feed regulations in relation to that animal feed at that time that relates to —

(i)

the composition of the animal feed and the method of sampling and testing the animal feed to determine its composition;

(ii)

the manufacture or production, storage, keeping or transporting of the animal feed; or

(iii)

the content of labels for packages of the animal feed; or

(d)

in relation to a particular agri‑food production input (except any animal feed or plant pesticide), or a particular matter affecting the agri‑food production input, at a particular time, means the standard or labelling requirement in force in relation to that agri‑food production input or matter at that time that relates to —

(i)

the composition of the agri‑food production input and the method of sampling and testing the agri‑food production input to determine its composition;

(ii)

the manufacture or production, storage, keeping or transporting of the agri‑food production input; or (iii)the content of labels for packages of the agri‑food production input;

Definition

“application”, for a licence or consignment permit, means —

(a)

an application for or to renew the licence; or

(b)

an application for the consignment permit;

Definition

“consignment”, in relation to any controlled item, means one or more controlled items of a particular kind (according to the Agency’s classification) that is —

(a)

in one or more lots; and

(b)

is imported by, or exported or transhipped for —

(i)

the same owner of those lots;

(ii)

at the same time; and

(iii)

on a single and the same conveyance;

Definition

“controlled item” means an import‑controlled item, an export‑controlled item or a transhipment‑controlled item;

Definition

“examinable matter” means a controlled item —

(a)

of a kind that is prescribed under any inspection scheme regulations that if imported, exported or transhipped, must be —

(i)

inspected, or inspected and analysed, under this Part; or

(ii)

covered by a recognised foreign government certificate;

(b)

of a kind that is the subject of a holding order;

(c)

that, despite the fact that it is not of a kind referred to in paragraph (a) or (b), is nevertheless required to be inspected, or inspected and analysed, under any inspection scheme regulations; or

(d)

that is other than a controlled item of a kind referred to in paragraph (a) or (b) or a controlled item in paragraph (c) and —

(i)

that an authorised officer has reasonable grounds to believe may be failing; and

(ii)

in respect of which the authorised officer has notified that belief to an owner of that controlled item;

Definition

“export”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, out of Singapore the object or thing by any means to a place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;

Definition

“export‑controlled item” means any transhipment‑controlled item, any rice, or any other food or agri‑food production input that the Minister declares, by order in the Gazette, to be an export‑controlled item;

Definition

“failing”, for a controlled item, means any examinable matter that, as a result of an inspection, or inspection and analysis, under any inspection scheme regulations, is found to be one of the following:

(a)

a food that —

(i)

does not meet an applicable standard for that food;

(ii)

is unsuitable food, unsafe food or a defined food; or

(iii)

if imported, is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the food as one that, if imported, must be covered by a recognised foreign government certificate;

(b)

a regulated food contact article that does not meet an applicable standard for that regulated food contact article;

(c)

an animal feed that —

(i)

does not meet an applicable standard for that animal feed; or

(ii)

is not fit for purpose;

(d)

an agri‑food production input that does not meet an applicable standard for that agri‑food production input;

(e)

a prohibited food, a prohibited food contact article or a prohibited animal feed;

Definition

“holding order” means an order made under section 73(1);

Definition

“identifying detail”, in relation to any consignment comprising an import‑controlled item, export-controlled item or a transhipment‑controlled item, means any of the following:

(a)

the maximum mass or weight of the consignment or the controlled item;

(b)

the place outside Singapore from which the consignment or the import‑controlled item or transhipment‑controlled item originates, or to which the consignment or the export‑controlled item or transhipment‑controlled item is to be exported;

(c)

the composition, method of manufacture or production, grade or quality of the controlled item;

(d)

the import‑controlled item or transhipment‑controlled item having the approval of a specified foreign government of a particular foreign country or a foreign food authority of a specified foreign country as is required by any inspection scheme regulations;

(e)

the export‑controlled item or transhipment‑controlled item having the approval of the Agency, a foreign government or foreign food authority as is required by any inspection scheme regulations;

Definition

“import”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, into Singapore the object or thing by any means from any place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;

Definition

“import‑controlled item” means any of the following:

(a)

any of the following food:

(i)

fresh fruits and vegetables;

(ii)

meat and meat products;

(iii)

fish and fish products;

(iv)

eggs and egg products;

(v)

any live animal or any plant that is food;

(vi)

any other food except a food additive as such;

(b)

any prepacked food additive preparation;

(c)

any regulated food contact article;

(d)

any animal feed;

(e)

is —

(i)

uniform in composition and method of manufacture; and

(ii)

made in one cycle of manufacture or, in the case of a controlled item that is sterilised, pasteurised or freeze‑dried, sterilised, pasteurised or freeze‑dried, in one cycle; or

(b)

is of a particular kind made or packed in a distinct manner;

Definition

“prepacked food additive preparation” means any food additive, or any mix consisting mainly of any food additive, that —

(a)

is in a packaging of not more than 2 kilograms each; or

(b)

is imported for retail sale;

Definition

“procurement plan”, for any import‑controlled item, means a plan —

(a)

identifying the risks (including assessments thereof) to food security in Singapore from any disruption occurring to the import of the import‑controlled item from the foreign markets from which they are to be procured, including (but not limited to) financial risks, non‑financial trading risks, climatic risks, and risks of or from disease or pollution; and

(b)

stating any plan of action (including preventive strategies) for the purpose of managing those risks and —

(i)

ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the import‑controlled item of acceptable quality; or

(ii)

otherwise preventing or mitigating the impact of disruptive events on the supply of the import‑controlled item on food security in Singapore;

Definition

“prohibited animal feed” means an animal feed, or a brand of animal feed, the import of which is prohibited by the Minister under section 69(3);

Definition

“prohibited food” means —

(a)

a food, or a brand of food, the import of which is prohibited by the Minister under section 69(1);

(b)

a food, or a brand of food, the import of which is prohibited by any Part 9 Regulations;

(c)

any food the import of which is prohibited under any written law other than this Act or any subsidiary legislation made under this Act;

(d)

any defined food which is, consists of or has as an ingredient, in any form an insect‑like species which is not within any class of catalogued insect‑like species; or

(e)

any other defined food;

Definition

is maintained without loss, addition or substitution; and

(c)

is not confused with that of any other controlled item, examinable matter or goods.

(3)

For the purposes of the definition of “prepacked food additive preparation” in subsection (1), any food additive of a particular kind in a packaging of more than 2 kilograms each is presumed, unless the contrary is proved, to have been imported for retail sale if, on the particular occasion of its bringing into Singapore, the packaging is a container made wholly or principally of breakable and fragile material.

(4)

all the following are satisfied:

(i)

the food (other than a food additive as such), or the prepacked food additive preparation, has, or both the food (other than a food additive as such) and prepacked food additive preparation have, a total weight of not more than 15 kilograms (inclusive of any eggs), or another total volume or total weight that is prescribed at the time of that occasion under subsection (5);

(ii)

if any of the food is eggs — it is a clutch of not more than 30 eggs, or another number of eggs that is prescribed at the time of that occasion under subsection (5); and

(d)

the food (other than a food additive as such), or the prepacked food additive preparation, is imported by a single person who is an individual.

(2)

Without limiting the generality of the expression, food of any kind is taken to have been imported as a trade sample if the food is imported —

(a)

for the purposes of scientific or commercial evaluation; or

(b)

for the purpose of manufacturing other food for supply.

(3)

However, subsection (1) does not extend to any food of higher regulatory concern.

(4)

Each of the following food is a food of higher regulatory concern:

(a)

any meat that is neither —

(i)

pork, beef, lamb, mutton or venison; nor(ii)meat from a chicken, duck, turkey, goose, quail or domesticated pigeon;

(b)

any meat product wholly or partially derived from meat in paragraph (a);

(c)

any puffer fish, or any fish product wholly or partially derived from puffer fish;

(d)

any live fertilised or embryonated egg;

(e)

any animal blood or blood product, such as blood curd;

(f)

any raw or unpasteurised liquid milk;

(g)

any chewing gum;

(h)

any defined food;

(i)

any other food prescribed by the Minister by an order in the Gazette.

(5)

The Minister may make an order in the Gazette —

(a)

prescribing for the purpose of subsection (1)(c)(i), another total volume or total weight; or

(b)

prescribing for the purpose of subsection (1)(c)(ii), another number of eggs.

Clause 45

Importing prohibited food, etc.

(1)

A person commits an offence if —

(a)

the person imports an object or a thing;

(b)

the object or thing is a prohibited food, a prohibited food contact article or a prohibited animal feed; and

(c)

the person knows, or ought reasonably to know, that the object or thing is a prohibited food, prohibited food contact article or prohibited animal feed, as the case may be.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3)

A person commits an offence if —

(a)

the person imports an object or a thing;

(b)

the object or thing is an import‑controlled item to which this Part applies;

(c)

the person knows, or ought reasonably to know, that the object or thing is an import‑controlled item; and

(d)

the person is not one of the following:

(i)

a holder of both a current licence to import and a current import consignment permit for that import‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1);

(ii)

under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;

(iii)

under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act, where the current offence involves fresh fruits and vegetables;

(iv)

under section 8(3) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a permit under that Act, where the current offence involves fresh fruits and vegetables;

(v)

under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act, where the current offence involves any meat or meat product or any fish or fish product; or

(vi)

under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(a) of that Act, where the current offence involves any meat or meat product or any fish or fish product.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv), (v) or (vi) may be before, on or after the commencement of this section.

Clause 48

Unlicensed import of import-controlled item — strict liability

(1)

A person commits an offence if —

(a)

the person imports an object or a thing;

(b)

the object or thing is an import‑controlled item to which this Part applies; and

(c)

the person is not one of the following:

(i)

a holder of both a current licence to import and a current import consignment permit for that import‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item.

(2)

Strict liability applies to the offence in subsection (1).

(3)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

the person exports an object or a thing;

(b)

the object or thing is an export‑controlled item to which this Part applies;

(c)

the person knows, or ought reasonably to know, that the object or thing is an export‑controlled item; and

(d)

the person is not one of the following:

(i)

a holder of both a current licence to export and a current export consignment permit for that export‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph (b); and

(d)

the export‑controlled item is not failing.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

Clause 56

Unlicensed transhipment of transhipment‑controlled item — strict liability

(1)

A person commits an offence if —

(a)

the person tranships a consignment comprising any transhipment‑controlled item; and

(b)

the person is not one of the following:

(i)

a licensed importer or licensed exporter who is granted a transhipment consignment permit covering the particular consignment;

(ii)

a person exempt from this section under section 320 or 321 in relation to the transhipment of that consignment.

(2)

Strict liability applies to the offence in subsection (1).

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

Clause 57

Export or transhipment of controlled item without inspection advice

(1)

A person commits an offence if —

(a)

the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing;

(b)

the object or thing is examinable matter;

(c)

an inspection advice has not been issued in respect of the object or thing;

(d)

the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;

(e)

the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and

(f)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

In this section and section 58, an object or a thing is entered for export or transhipment if, in the course of the preparation or production of the object or thing for export or transhipment, the object or thing is presented to, or information about the object or thing is given to —

(a)

an officer of customs acting in the course of his or her duties; or

(b)

an authorised officer acting in the course of his or her duties,for the purpose of the officer exercising a power or performing a function in relation to the object or thing under any written law regulating export or transhipment of goods.

Clause 58

Export or transhipment of controlled item without inspection advice — strict liability

(1)

A person commits an offence if —

(a)

the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing;

(b)

the object or thing is examinable matter;

(c)

an inspection advice has not been issued in respect of the object or thing;

(d)

the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and

(e)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

Strict liability applies to the offence in subsection (1).

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

Clause 59

Importing item not meeting applicable standard, etc.

(1)

A person commits an offence if —

(a)

the person imports an import‑controlled item that is none of the following:

(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(b)

the import-controlled item —

(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate; and

(c)

the person knows, or ought reasonably to know, when importing that the import‑controlled item —

(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

However, where at the trial of a person charged with an offence under subsection (1), it is proved that —

(a)

any of the following circumstances applied with respect to the import‑controlled item when imported:

(i)

the food was unsafe;

(ii)

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and

(b)

the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item when imported,the person who is convicted or found guilty of the offence shall be liable on conviction instead —

(c)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(d)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(4)

In subsections (2) and (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

Clause 60

Importing item not meeting applicable standard, etc. — strict liability

(1)

A person commits an offence if —

(a)

the person imports any import‑controlled item that is none of the following:

(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed; and

(b)

the import‑controlled item —

(i)

does not meet an applicable standard; or

(ii)

is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.

(2)

Strict liability applies to the offence in subsection (1).

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(4)

However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when imported:

(a)

the food was unsafe;

(b)

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe,the person who is convicted or found guilty of the offence shall be liable on conviction instead —

(c)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(d)

where the person is not an individual — to a fine not exceeding $20,000.

Clause 61

Dealing with imported examinable matter without inspection advice

(1)

A person commits an offence if —

(a)

the person —

(i)

intentionally deals with an object or a thing in a particular manner; or

(ii)

has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is examinable matter;

(c)

the person knows, or ought reasonably to know, that the object or thing was imported;

(d)

an inspection advice has not been issued in respect of the object or thing;

(e)

the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;

(f)

the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and

(g)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content in labels for prepacked food.

Clause 62

Dealing with imported examinable matter without inspection advice — strict liability

(1)

A person commits an offence if —

(a)

the person —

(i)

intentionally deals with an object or a thing in a particular manner; or

(ii)

has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is examinable matter;

(c)

the person knows, or ought reasonably to know, that the object or thing was imported;

(d)

an inspection advice has not been issued in respect of the object or thing;

(e)

the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and

(f)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

Strict liability applies to the offence in subsection (1) except subsection (1)(a) and (c).

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(4)

Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content on labels for prepacked food.

Clause 63

Dealing with failing imported food, etc., knowingly

(1)

A person commits an offence if —

(a)

the person intentionally deals with an import‑controlled item in a particular manner;

(b)

the import‑controlled item is examinable matter;

(c)

the person knows, or ought reasonably to know, that the import‑controlled item was imported;

(d)

the person knows, or ought reasonably to know, that the import‑controlled item has been identified in an inspection advice as failing;

(e)

the person has not obtained the prior approval of an authorised officer to deal with the import‑controlled item in that manner;

(f)

the person is neither permitted nor required, in accordance with the inspection advice, to deal with the import‑controlled item in that manner; and

(g)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

Clause 64

Possession for supply knowing that prohibited food, etc.

(1)

A person commits an offence if —

(a)

the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is imported and is a prohibited food, a prohibited food contact article or a prohibited animal feed; and

(c)

the person knows, or ought reasonably to know, that the object or thing —

(i)

is imported; and

(ii)

is a prohibited food, a prohibited food contact article or a prohibited animal feed, as the case may be.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

Clause 65

Possession for supply knowing, etc., applicable standard not met

(1)

A person commits an offence if —

(a)

the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is none of the following:

(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(c)

the object or thing is an import‑controlled item that was imported;

(d)

the import‑controlled item —

(i)

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(e)

the person knows, or ought reasonably to know, that the import‑controlled item was imported;

(f)

the person knows, or ought reasonably to know, that the import‑controlled item —

(i)

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(g)

the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item in that manner; and

(h)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

However, where at the trial of a person charged with an offence under subsection (1), it is proved that —

(a)

any of the following circumstances applied with respect to the import‑controlled item:

(i)

the food was unsafe;

(ii)

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and

(b)

the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item,the person who is convicted or found guilty of the offence shall be liable on conviction instead —

(c)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(d)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(4)

In subsections (2) and (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.

(5)

For the purposes of subsection (4), the conviction or finding of guilt for an offence referred to in subsection (4)(b)(ii) may be before, on or after the commencement of this section.

Clause 66

Possession for supply where applicable standard not met — strict liability

(1)

A person commits an offence if —

(a)

the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is none of the following:

(i)

a prohibited food;

(ii)

a prohibited food contact article;

(iii)

a prohibited animal feed;

(c)

the object or thing is an import‑controlled item that was imported;

(d)

the person knows, or ought reasonably to know, that the import‑controlled item was imported;

(e)

the import‑controlled item —

(i)

does not meet an applicable standard; or

(ii)

has been identified in an inspection advice as failing;

(f)

the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item in that manner; and

(g)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(2)

Strict liability applies to the offence in subsection (1) except subsection (1)(a) and (d).

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(4)

However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when in the person’s possession:

(a)

the food was unsafe;

(b)

the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe,the person who is convicted or found guilty of the offence shall be liable on conviction instead —

(c)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(d)

where the person is not an individual — to a fine not exceeding $20,000.

Clause 67

Defence of due diligence

(1)

In a prosecution of a person for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the commission of the offence was due to —

(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2)

In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —

(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3)

Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

Clause 68

Presumption as to possession

For the purposes of sections 61, 62, 64, 65 and 66, where food is found in any premises that a person uses for —

(a)

manufacturing food of the same kind;

(b)

preparing food of the same kind;

(c)

storing, packing or labelling food of the same kind;

(d)

transporting or delivering food of the same kind;

(e)

displaying food of the same kind; or

(f)

selling food, whether or not of the same kind,then the following presumptions apply:

(g)

the food is presumed to be in the person’s possession for the purpose of supply until the contrary is proved;

(h)

the person is presumed, until the contrary is proved, to have known that the food is likely to be supplied or offered or displayed for supply.

Clause 69

Prohibited food, prohibited animal feed, etc.

(1)

The Minister may, by order in the Gazette, prohibit the import of a food, or a brand of food, because the Minister is satisfied —

(a)

that there is uncertainty or concern about the safety and suitability of the food, in light of information about —

(i)

the nature of the food or the source from which it is derived;

(ii)

the hazards associated with the food;

(iii)

the measures applied during the manufacturing or handling of the food, or during its production if the food is primary produce;

(iv)

the likelihood of a particular contaminant being present in the food at a level determined as unacceptable in accordance with any applicable standard or any international standard, or any science‑based criteria; or

(v)

the likelihood that the food is unsafe or unsuitable; and

(b)

that categorising the food as prohibited food will assist in managing the risk that the food poses to human health in Singapore.

(2)

The Minister may, by order in the Gazette, prohibit the import of a regulated food contact article because the Minister is satisfied that there are reasonable grounds to believe that it is particularly dangerous to use with food because of its construction.ExampleA container that is made up of materials from which harmful chemicals are likely to migrate into the food at quantities which could endanger human health, whenever the container is used to hold hot and greasy food over short contact times, may be prescribed.

(3)

The Minister may, by order in the Gazette, prohibit the import of an animal feed, or a brand of animal feed, because the Minister is satisfied —

(a)

that there is uncertainty or concern about the fitness for purpose of the animal feed, or brand of animal feed, in light of information about —

(i)

the nature of the animal feed or the source from which it is derived;

(ii)

the hazards associated with the animal feed;

(iii)

the measures applied during the manufacturing or handling of the animal feed, or during its cultivation if the animal feed is a live animal;

(iv)

the likelihood that the animal feed contains a proscribed substance for the animal feed or any residue of the proscribed substance; or

(v)

the potential adverse impact to primary production activity in Singapore as a result of food producing animals consuming such animal feed; and

(b)

that if it did enter or continue to enter Singapore on import, the animal feed may have a significant adverse impact on any primary production activity in Singapore.

Clause 70

Import prohibition of live food producing animals

(1)

the Animals and Birds Act 1965;

(c)

the Control of Plants Act 1993; or

(d)

the Wildlife Act 1965.

(8)

Without limiting subsection (7), where a directive made under subsection (1) is made and in force —

(a)

every of the following licences, permits or approvals cease to have effect to the extent that the licence, permit or approval is inconsistent with that directive:

(i)

a licence granted under section 8 of the Animals and Birds Act 1965 to import or tranship any animal or bird;

(ii)

a permit issued under the Control of Plants Act 1993 to import any live insect‑like species or any mollusc that is not a fish;

(iii)

an approval granted under section 9 of the Wildlife Act 1965 to import any living wildlife; and

(b)

an application for any of those licences, permits or approvals mentioned in paragraph (a) must be refused where the licence, permit or approval, if granted or issued, will be inconsistent with that directive.

(9)

In subsection (2), “relevant live food producing animal” means a live food producing animal that is neither —

(a)

an insect‑like species; nor(b)a mollusc that is not a fish.

Clause 71

Regulations for inspection schemes

(1)

The Agency, with the approval of the Minister, may make regulations establishing one or more inspection schemes applicable to any controlled item to which this Part applies —

(a)

identifying controlled items of particular kinds as controlled items of a kind that if imported, exported or transhipped must be inspected, or inspected and analysed, for the purposes of this Part;

(b)

identifying controlled items of particular kinds as controlled items that if imported, exported or transhipped must be covered by a recognised foreign government certificate for the purposes of this Part; or

(c)

classifying controlled items of particular kinds into particular categories.

(2)

Without limiting subsection (1), inspection scheme regulations may —

(a)

Neither —

(a)

the fact that a controlled item identified as failing under an inspection advice may be the subject of an application under subsection (3) for a further inspection advice; nor(b)the making of an application under subsection (3) for a further inspection advice in respect of the controlled item,causes the controlled item to cease to be failing on the basis of the original inspection advice but, if the original inspection advice indicates that the controlled item must be treated, destroyed or re‑exported, the controlled item is not required to be so treated, destroyed or re‑exported unless —

(c)

the circumstances permitting the application for the further inspection advice cease to exist; or

(d)

an application is made under subsection (3) and rejected.

(5)

If the owner of a controlled item identified in an inspection advice as failing, makes an application under subsection (3) for the issue of a further inspection advice in respect of a part of the controlled item, the owner must, if the controlled item to which the application relates is under customs control, inform the person having possession of the controlled item that the owner had made that application.

(6)

If an application is made under subsection (3), an authorised officer or a food inspector must —

(a)

if he or she is not satisfied that the application is made in accordance with the requirements of the inspection scheme regulations, reject the application and give notice to the applicant of that rejection and of the reasons for the rejection; and

(b)

in any other case, consider the application and issue to the applicant a further inspection advice in respect of the controlled item the subject of the application.

(7)

If a further inspection advice is issued in respect of the controlled item the subject of an application, this Act has effect as if —

(a)

that further inspection advice were substituted for the initial inspection advice issued in respect of that controlled item under subsection (1); and

(b)

subsection (3) were not included.

Clause 73

Holding orders

(1)

If —

(a)

an inspection, or inspection and analysis, of examinable matter of a particular kind indicates the examinable matter, or a part of the examinable matter, to be failing;

(b)

an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that an examinable matter of a particular kind would, on inspection, or on inspection and analysis, be so identified as failing;

(c)

it is unclear to an authorised officer or a food inspector that an examinable matter of a particular kind is not failing and there are discrepancies, either —

(i)

in the documents accompanying a consignment comprising the examinable matter itself; or

(ii)

between the documents accompanying a consignment comprising the examinable matter and the examinable matter,that suggest that it may be unwise for the authorised officer or food inspector to rely on the documents; or

(d)

an authorised officer or a food inspector has reasonable grounds to believe that the integrity of the examinable matter covered by an import consignment permit, an export consignment permit or a transhipment consignment permit (as the case may be) cannot be ensured,the authorised officer or food inspector may, by writing, make a holding order —

(e)

stating that, until the revocation of the holding order, the following must be held in a place to be approved in writing by the same or another authorised officer or food inspector, until an inspection, or an inspection and analysis, required under the inspection scheme regulations has been completed:

(i)

that consignment comprising the examinable matter;

(ii)

any controlled item of that same kind as the examinable matter that is imported into Singapore after the making of the holding order;

(iii)

if the authorised officer or food inspector states that the holding order is being made in connection with the end of another order under subsection (3) — any controlled item of that same kind that is being held immediately before the end of the other order; and

(f)

specifying the circumstances in which the holding order will be revoked.

(2)

If the authorised officer or food inspector is satisfied, in respect of a holding order made under subsection (1), that the circumstances specified for its revocation have occurred, the authorised officer or food inspector must, by writing, immediately revoke the holding order.

(3)

If —

(a)

an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that a controlled item may, on inspection, or on inspection and analysis, be so identified as failing; and

(b)

the authorised officer or food inspector is satisfied that the risk is serious,the authorised officer or food inspector may, by writing, make a holding order —

(c)

stating that, until the holding order ends, a controlled item of the same kind that is or is to be imported into Singapore or that is to be exported or transhipped (as the case may be) after the making of the holding order must be held in a place approved in writing by an authorised officer or a food inspector;

(d)

stating that the holding order ends at the earlier of the following times:

(i)

at the end of the period of 28 days beginning on the day the holding order is made or, if that period is extended, the end of the extended period;

(ii)

the time when the holding order is revoked; and

(e)

specifying the circumstances in which the holding order will be revoked.

(4)

The Agency may, by writing, extend the 28‑day period mentioned in subsection (3)(d)(i) by a further period of up to 28 days, and the Agency may make more than one extension.

(5)

Subsection (1) or (3) does not prevent an authorised officer or a food inspector from giving a person an approval to deal with a controlled item of a kind covered by a holding order under that subsection while the holding order is in force.

Clause 74

Treatment, destruction or re-export of failing food, etc.

(1)

This section applies to a controlled item that —

(a)

has been identified in an inspection advice as failing; and

(b)

is required, under that advice, to be treated, destroyed or re‑exported from Singapore.

(2)

If an inspection advice, given in respect of a controlled item to which this section applies, permits the treatment of the controlled item so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item —

(a)

require the owner to treat the controlled item in a specified manner or in a manner to be agreed between the owner and the authorised officer or food inspector (as the case may be) so as to enable it to be brought into compliance with this Act or to be so used for a purpose other than human consumption; or

(b)

if the owner is unable or unwilling to so treat the controlled item, require either —

(i)

the destruction of the controlled item in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or

(ii)

the re‑export of the controlled item.

(3)

If an inspection advice requires the destruction of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector.

(4)

If an inspection advice requires the destruction or re‑export of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require either —

(a)

its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or

(b)

its re‑export.

(5)

A permission to treat or a requirement to destroy or re‑export a controlled item in a written notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the controlled item has been identified as failing and to any difficulties associated with arranging for its treatment, destruction or re‑export) within which that treatment, destruction or re-export is to be completed.

(6)

If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be treated, destroyed or re‑exported arranges for a treatment, destruction or re‑export in accordance with the written notice, that treatment, destruction or re‑export may be supervised by an authorised officer or a food inspector.

(7)

If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported refuses or fails to arrange for the destruction or re‑export of the controlled item in accordance with the written notice, the Agency may —

(a)

carry out or cause to be carried out the destruction or re‑export required in that written notice; and

(b)

recover all expenses reasonably incurred by the Agency in the exercise of the powers under this subsection from the person in default.

(8)

Without limiting the right of the Agency to exercise any power under subsection (7), the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported commits an offence if the owner intentionally refuses or fails to comply with the requirement to destroy or re‑export that controlled item.

(9)

A person who is guilty of an offence under subsection (8) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(10)

Subsection (8) does not apply if the person has a reasonable excuse.

(11)

In this section —

Definition

“owner”, in relation to a controlled item that is permitted to be treated or required to be destroyed or re‑exported, means a person having a beneficial interest in the controlled item other than a person who has such an interest only because he or she has been given a mortgage or charge, or has a lien, over the goods;

Definition

to export in the course of business an export‑controlled item stated in the licence.

(2)

An import consignment permit may be granted by the Agency under this Part for a consignment comprising import‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit.

(3)

An export consignment permit may be granted by the Agency under this Part for a consignment comprising export‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit.

(4)

A transhipment consignment permit may be granted by the Agency under this Part for a consignment comprising transhipment‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit.

(5)

A consignment permit may cover only one consignment comprising a controlled item of one particular kind (according to the Agency’s classification).

Clause 77

Application of Division 4 of Part 14 (general licensing procedures)

Division 4 of Part 14 applies to every application for a licence or consignment permit, and to every licence or consignment permit granted under this Part, subject to the modifications in this Part.

Clause 78

Criteria for grant, etc., of licence

(1)

This section applies where the Agency is deciding any of the following:

(a)

whether an applicant should be granted a licence;

(b)

the conditions to impose on a licence;

(c)

whether to modify any condition of a licence.

(2)

When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:

(a)

whether the applicant or licensee, or an associate of the applicant or licensee, is or was disqualified by section 298 from holding the same licence or another licence;

(b)

whether regulatory action under section 83 has been or is being taken or is contemplated against the applicant or licensee;

(c)

any available information as to whether or not the applicant or licensee has been convicted or found guilty of any relevant offence within the meaning of section 83(3) (whether or not the offence was committed before, on or after the commencement of this section);

(d)

the applicant’s or licensee’s compliance history with any of the following so far as that relates to the trading activity to be authorised or authorised by the licence:

(i)

the provisions of this Act or of a code of practice applicable to the applicant or licensee (as the case may be) with respect to that trading activity;

(ii)

the conditions of any similar licence granted to the applicant or licensee;

(iii)

the requirements of a holding order under section 73;

(iv)

a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;

(e)

whether there are other grounds for considering that the applicant or licensee is likely in the future to fail to comply with any provision of this Act in connection with the trading activity to be authorised or authorised by the licence;

(f)

the applicant’s or licensee’s compliance history with Part 2, where applicable;

(g)

whether and how the applicant or licensee prepares to deal with the occurrence of a disruptive event affecting the supply in Singapore of the import‑controlled item covered or to be covered by the licence, including (and not limited to) having a procurement plan for that import‑controlled item;

(h)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted a licence.

(3)

Subsection (2) applies to an applicant or a licensee which is an entity with the following modifications:

(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.

(4)

To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(5)

The Agency may require an applicant for a licence to amend and re‑submit a procurement plan, for the purpose of assessing the application by the applicant.

(6)

In granting a person a licence to import in the course of business an import‑controlled item stated in the licence, the Agency accepts the person’s procurement plan submitted under subsection (2)(g).

Clause 79

Criteria for grant, etc., of consignment permit

(1)

This section applies where the Agency is deciding any of the following:

(a)

whether an applicant should be granted a consignment permit;

(b)

the conditions to impose on a consignment permit;

(c)

whether to modify any condition of a consignment permit.

(2)

When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:

(a)

in the case of an import consignment permit, whether the import‑controlled item to be imported is a kind of food that is identified under any inspection scheme regulations as one that, if imported, must be covered by a recognised foreign government certificate;

(b)

whether any regulatory action under section 83 or 84 has been or is being taken or is contemplated against the applicant;

(c)

whether there has been a serious failure or repeated failures by the applicant to comply with —

(i)

the conditions of any previous consignment permit granted to the applicant; or

(ii)

a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;

(d)

whether it is otherwise not in the public interest of Singapore for the permit to be granted in respect of the consignment which is the subject of the application.

(3)

To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(4)

If the owner of a controlled item that is required in a written notice under section 74(2), (3) or (4) to be treated, destroyed or re‑exported fails to comply with the requirement to treat, destroy or re‑export the controlled item, the Agency may refuse to grant a consignment permit in respect of any other controlled item imported or to be imported into Singapore by or on behalf of that owner.

Clause 80

Conditions of licence or consignment permit

Without limiting section 294, in granting a licence or consignment permit to any person, the Agency may impose conditions —

(a)

restricting the import of any import‑controlled item from any foreign country;

(b)

restricting —

(i)

the export of any export‑controlled item to any foreign country; or

(ii)

the transhipment of any transhipment‑controlled item, to any foreign country, or from any foreign country;

(c)

requiring the licensee to prepare to deal, and to deal, with any disruptive event affecting the supply in Singapore of the import‑controlled item covered by the licence in accordance with a procurement plan with which the Agency accepts; or

(d)

requiring the furnishing of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the Agency may determine —

(i)

to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence or any consignment permit granted to that licensed importer or licensed exporter;

(ii)

to meet any financial penalty arising out of any regulatory action under section 83 or 84 against the licensed importer or licensed exporter; or

(iii)

for both sub‑paragraphs (i) and (ii).

Clause 81

Validity of licence and consignment permit

(1)

Every licence granted under this Part is in force for the period (not exceeding 5 years) specified in the licence —

(a)

except when it is wholly suspended under section 83(2); and

(b)

unless it is earlier revoked under section 83(1).

(2)

Every consignment permit granted under this Part is in force for the period stated in the permit unless —

(a)

it is earlier cancelled under section 84; or

(b)

the consignment covered by the permit has been imported, exported or transhipped, as the case may be.

Clause 82

Modifying conditions of licence

Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of a licence without compensating the licensed importer or licensed exporter concerned.

Clause 83

Regulatory action concerning licence

(1)

Subject to Division 4 of Part 14, if the Agency is satisfied that —

(a)

a licensed importer or licensed exporter is contravening or not complying with, or has contravened or failed to comply with —

(i)

any of the conditions of its licence;

(ii)

any provision of this Act applicable to the licensed importer or licensed exporter so far as that relates to trading activity, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;

(iv)

any direction given to the licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 88 applicable to the licensee;

(b)

the licensed importer or licensed exporter has ceased to undertake the trading activity authorised by its licence;

(c)

the licensed importer or licensed exporter, or any officer of the licensed importer or licensed exporter, is convicted of a relevant offence committed during the term of the licence or an immediately prior licence; (d)there is or has been a serious failure of the operations of the licensed importer or licensed exporter, or there are or have been other matters, that cast doubt on the safety of the food imported, exported or transhipped by the licensed importer or licensed exporter;

(e)

the licence had been obtained by the licensee by fraud or misrepresentation; or

(f)

the public interest of Singapore requires,the Agency may revoke (without any compensation) the licence of the licensed importer or licensed exporter, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensed importer or licensed exporter (as the case may be) under this Act.

(2)

However, the Agency may, in lieu of revoking under subsection (1) the licence of a licensed importer or licensed exporter, do (without any compensation) one or more of the following:

(a)

censure the licensed importer or licensed exporter in writing;

(b)

direct the licensed importer or licensed exporter to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the licence for not more than 6 months;

(d)

modify any condition of the licence;

(e)

direct the licensed importer or licensed exporter to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the licensed importer or licensed exporter of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:

(i)

to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence;

(ii)

to secure compliance by the licensed importer or licensed exporter with any code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensed importer or licensed exporter.

(3)

In subsection (1)(c), “relevant offence” means —

(a)

an offence under section 45, 47, 51, 55, 57, 61 or 63, or under section 59 or 65 (involving unsafe food only) or under section 256 (involving a foreign government certificate only);

(b)

an offence under section 139 in relation to any food or food contact article imported by the licensee concerned;

(c)

an offence under section 257 in relation to any trading activity of the licensed importer or licensed exporter;

(d)

an offence under —

(i)

section 28 or 28A of the Regulation of Imports and Exports Act 1995 in relation to any import‑controlled item, export‑controlled item or transhipment‑controlled item imported, exported or transhipped by the licensee concerned; or

(ii)

the Regulation of Imports and Exports (Chewing Gum) Regulations (R 4); or

(e)

an offence —

(i)

under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;

(ii)

under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act;

(iii)

under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act; or

(iv)

under any other repealed law which corresponds to an offence mentioned in paragraph (a).

(4)

Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).

Clause 84

Cancelling consignment permit

Subject to Division 4 of Part 14, the Agency may cancel (without any compensation) an import consignment permit, an export consignment permit or a transhipment consignment permit granted to a licensed importer or licensed exporter if —

(a)

in the case of an import consignment permit, the Agency is of the opinion that —

(i)

the food to be imported under that permit is or may be unsafe or unsuitable or is or may be defined food;

(ii)

the type of regulated food contact article to be imported under that permit has or may have contaminated any food or caused or may have caused food to no longer be safe; or

(iii)

the animal feed to be imported under that permit is or may be not fit for purpose;

(b)

the Agency reasonably believes that the integrity of the controlled items covered by the import consignment permit, export consignment permit or transhipment consignment permit (as the case may be) cannot be ensured;

(c)

the Agency reasonably believes that the licensed importer or licensed exporter made a false, misleading or incomplete statement in an application for the consignment permit in question;

(d)

the licensed importer or licensed exporter is or is about to be the subject of regulatory action under section 83; or

(e)

the public interest of Singapore requires.

Clause 85

Post-revocation, etc., of licence or permit

(1)

This section applies where —

(a)

the licence of a licensed importer or licensed exporter is revoked or wholly suspended under section 83; or

(b)

a consignment permit granted to a licensed importer or licensed exporter for a consignment is cancelled under section 84.

(2)

The Agency may, in any of the circumstances described in subsection (1), direct as follows:

(a)

direct that any controlled item imported, or handled under any of the operations of the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) affected by the revocation, suspension or cancellation (as the case may be) must not be sold;

(b)

direct the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) to take appropriate action to deal with the controlled item affected by the revocation, suspension or cancellation, as the case may be.

(3)

A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction, and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4)

Subsection (3) does not apply if the person has a reasonable excuse.

(5)

In subsection (3), “repeat offender”, in relation to an offence under subsection (3), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under that subsection.

Clause 86

Application of this Division

(1)

This Division applies only to a licensed importer who imports any of the following import‑controlled items:

(a)

any of the following food:

(i)

meat and meat products;

(ii)

fish and fish products;

(iii)

fresh fruits and vegetables;

(iv)

eggs;

(v)

any other food except a food additive as such;

(b)

any prepacked food additive preparation;

(c)

any regulated food contact article;

(d)

any animal feed.

(2)

This Division applies only in respect of the import made on or after the commencement of this Division of an import‑controlled item mentioned in subsection (1).

Clause 87

Information licensed importer must keep or have ready access to

(1)

If an import‑controlled item to which this Division applies is imported, the licensed importer concerned must keep, or have ready access to, the information described in subsection (2) for no shorter than the period prescribed for that import‑controlled item.

(2)

The information is —

(a)

the prescribed identity particulars and prescribed contact details of the supplier of the import‑controlled item;

(b)

the prescribed identity particulars and prescribed contact details of —

(i)

the manufacturer or primary producer of the import‑controlled item which is food (other than a food additive as such) or any prepacked food additive preparation; or

(ii)

the manufacturer of the import‑controlled item which is a regulated food contact article or an animal feed;

(c)

a description of the identity of the import‑controlled item by commodity, brand (if any) and lot (if any); and

(d)

any other information that is prescribed.

(3)

A licensed importer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(4)

Strict liability applies to the offence in subsection (3).

(5)

In this section, “prescribed” means prescribed by any regulations made under Part 15.

Clause 88

Identification, location and tracing of import‑controlled items

(1)

A licensed importer must have procedures for —

(a)

identifying and locating imported import‑controlled items to which this Division applies; and

(b)

tracing imported import‑controlled items to which this Division applies so that the imported import‑controlled item can be traced —

(i)

from the supplier of the import‑controlled item to the licensed importer;

(ii)

while it is under the licensed importer’s control; and

(iii)

from the licensed importer to the next person to whom responsibility for the import‑controlled item has passed (other than the ultimate consumer).

(2)

A licensed importer must ensure that imported import‑controlled items are identified, located and traced in accordance with those procedures.

(3)

The information required under subsection (1) must be accurate.

(4)

The information required under subsection (1) must also be sufficient to allow an effective recall to be carried out under Part 7.

(5)

A licensed importer must —

(a)

have procedures for recalling —

(i)

food (other than a food additive as such) or any prepacked food additive preparation supplied in Singapore that the importer considers to be unsafe or unsuitable or whose safety or suitability is in doubt;

(ii)

regulated food contact articles supplied in Singapore that the importer considers to be or might be dangerous to use with food; or

(iii)

animal feed supplied in Singapore that the importer considers to be not fit for purpose or whose fitness for purpose is in doubt;

(b)

conduct simulations or other tests of those procedures if required by the Agency; and

(c)

recall, in accordance with those procedures —

(i)

food (other than a food additive as such) or any prepacked food additive preparation supplied in Singapore that the importer considers to be unsafe or unsuitable or whose safety or suitability is in doubt;

(ii)

regulated food contact articles supplied in Singapore that the importer considers to be or might be dangerous to use with food; or

(iii)

animal feed supplied in Singapore that the importer considers to be not fit for purpose or whose fitness for purpose is in doubt.

(6)

If the licensed importer decides to recall any imported import‑controlled item to which this Division applies on the ground that —

(a)

the food (other than a food additive as such) or any prepacked food additive preparation is or might be unsafe or unsuitable;

(b)

the regulated food contact article is or might be dangerous to use with food; or

(c)

the animal feed is or might be not fit for purpose,the importer must notify the Agency of the following as soon as practicable, but no later than 24 hours after making the decision:

(d)

the import‑controlled item affected by the recall;

(e)

the reason for the recall.

Clause 89

Providing information — importer

(1)

When requested to do so by an authorised officer or a food inspector, a licensed importer is bound to state truly what the licensed importer is requested, and must give information about the matters in section 87(1) —

(a)

in a readily accessible format; and

(b)

within 24 hours after the request, or within any reasonable shorter period specified by the authorised officer or food inspector, as the case may be.

(2)

Where any information which is required by subsection (1) to be given to an authorised officer or a food inspector is not given or is not given within the time delimited under subsection (1)(b), then the licensed importer requested to give the information shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3)

Subsection (2) does not apply if the person required to give the information has a reasonable excuse.

(4)

The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.

Clause 90

Definitions for Part 4

In this Part —“accepted”, in relation to a farm management plan or food control plan, means such a plan which the Agency last accepts under this Part;“application”, for a food business licence, means an application for or to renew the food business licence;“farm management plan”, for a licensable food business that involves undertaking primary production activity, means a plan identifying how the proprietor of the food business will undertake the primary production activity with reference to all or any of the following matters as the Agency considers relevant:

(a)

the species of animal to be farmed or plants to be cultivated;

(b)

the quantity of animals to be farmed or plants to be cultivated;

(c)

the area of land or waters on or in which the animals are to be farmed or plants are to be cultivated;

(d)

the method of farming the animals or cultivating the plants;

(e)

the primary production equipment to be used;

(f)

proposed stocking densities;

(g)

the carrying capacity of the area to be used for farming the food producing animals;

(h)

for aquaculture —

(i)

the water quality (including discharged water quality) and relevant response protocols;

(ii)

the sediment quality and relevant response protocols; and

(iii)

maximum nutrient loads and response thresholds;

(i)

disease testing, pest monitoring and relevant response protocols in connection with diseases and pests;

(j)

farm waste management protocols;

(k)

biosecurity and quarantine;

(l)

the audit mechanisms for the farm management plan;

(m)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted farm management plan has been complied with;“food control plan”, for a licensable food business that does not involve undertaking any primary production activity, means a plan identifying how the proprietor of the food business will carry on the particular licensable food business with reference to all or any of the following matters as the Agency considers relevant:

(a)

the knowledge, skill, health and hygiene requirements for the people handling food in the course of the licensable food business;

(b)

the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the licensable food business:

(i)

the premises (including layout, fittings and fixtures) at which food is handled;

(ii)

the plant or equipment (including regulated food contact articles and single‑use items) used to handle food;

(iii)

the conveyances used to transport food;

(c)

the systematic identification of the potential hazards that may be reasonably expected to occur in each food handling operation that is to be, or that is being, carried out in the course of the licensable food business;

(d)

how and where each hazard identified under paragraph (c) can be controlled and the means of control;

(e)

the systematic monitoring of those controls in paragraph (d), and the appropriate corrective action when each hazard identified under paragraph (c) is found not to be under control;

(f)

the procedures and practices established by the proprietor so as to monitor and ensure the compliance by the proprietor, and the employees or workers of the proprietor, with —

(i)

the requirements of this Act with respect to the food business;

(ii)

any applicable standard as is applicable to the food business;

(iii)

the conditions of the food business licence relating to the food business, if granted; and

(iv)

the food control plan accepted by the Agency when granting that food business licence;

(g)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted food control plan has been complied with.

Definition

“accepted”, in relation to a farm management plan or food control plan, means such a plan which the Agency last accepts under this Part;

Definition

“application”, for a food business licence, means an application for or to renew the food business licence;

Definition

“farm management plan”, for a licensable food business that involves undertaking primary production activity, means a plan identifying how the proprietor of the food business will undertake the primary production activity with reference to all or any of the following matters as the Agency considers relevant:

(a)

the species of animal to be farmed or plants to be cultivated;

(b)

the quantity of animals to be farmed or plants to be cultivated;

(c)

the area of land or waters on or in which the animals are to be farmed or plants are to be cultivated;

(d)

the method of farming the animals or cultivating the plants;

(e)

the primary production equipment to be used;

(f)

proposed stocking densities;

(g)

the carrying capacity of the area to be used for farming the food producing animals;

(h)

for aquaculture —

(i)

the water quality (including discharged water quality) and relevant response protocols;

(ii)

the sediment quality and relevant response protocols; and

(iii)

maximum nutrient loads and response thresholds;

(i)

disease testing, pest monitoring and relevant response protocols in connection with diseases and pests;

(j)

farm waste management protocols;

(k)

biosecurity and quarantine;

(l)

the audit mechanisms for the farm management plan;

(m)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted farm management plan has been complied with;

Definition

“food control plan”, for a licensable food business that does not involve undertaking any primary production activity, means a plan identifying how the proprietor of the food business will carry on the particular licensable food business with reference to all or any of the following matters as the Agency considers relevant:

(a)

the knowledge, skill, health and hygiene requirements for the people handling food in the course of the licensable food business;

(b)

the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the licensable food business:

(i)

the premises (including layout, fittings and fixtures) at which food is handled;

(ii)

the plant or equipment (including regulated food contact articles and single‑use items) used to handle food;

(iii)

the conveyances used to transport food;

(c)

the systematic identification of the potential hazards that may be reasonably expected to occur in each food handling operation that is to be, or that is being, carried out in the course of the licensable food business;

(d)

how and where each hazard identified under paragraph (c) can be controlled and the means of control;

(e)

the systematic monitoring of those controls in paragraph (d), and the appropriate corrective action when each hazard identified under paragraph (c) is found not to be under control;

(f)

the procedures and practices established by the proprietor so as to monitor and ensure the compliance by the proprietor, and the employees or workers of the proprietor, with —

(i)

the requirements of this Act with respect to the food business;

(ii)

any applicable standard as is applicable to the food business;

(iii)

the conditions of the food business licence relating to the food business, if granted; and

(iv)

the food control plan accepted by the Agency when granting that food business licence;

(g)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted food control plan has been complied with.

Clause 91

Application of Division 4 of Part 14 (general licensing procedures)

(1)

Division 4 of Part 14 applies to every application for a food business licence to use any premises to carry on a licensable food business, and to every food business licence granted under this Part, subject to the modifications in this Part.

(2)

In addition, every application for a food business licence to use any premises to carry on a licensable food business must (if required by regulations made under Part 15) be accompanied by —

(a)

a farm management plan, if the food business involves any primary production activity; or

(b)

a food control plan, if the licensable food business is not a food business in paragraph (a) but is prescribed in a food safety scheme as requiring a food control plan.

(3)

The Agency may require an applicant for a food business licence to amend and re‑submit a farm management plan or a food control plan, for the purpose of assessing the application by the applicant.

Clause 92

Criteria for grant of food business licence

(1)

This section applies where the Agency is deciding any of the following:

(a)

whether an applicant should be granted a food business licence;

(b)

the conditions to impose on a food business licence;

(c)

whether to modify any condition of a food business licence.

(2)

When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:

(a)

whether the applicant or food business licensee, or an associate of the applicant or food business licensee, is or was disqualified by section 298 from holding the same licence or another licence;

(b)

whether the applicant or food business licensee is a suitable person to be involved in the management or operation of the licensable food business in the application;

(c)

whether regulatory action under section 96 has been or is being taken or is contemplated against the applicant or food business licensee;

(d)

any available information as to whether or not the applicant or food business licensee has been convicted or found guilty of any relevant offence within the meaning of section 96(3) (whether or not the offence was committed before, on or after the commencement of this section);

(e)

whether the premises at which the licensable food business is or is to be carried on are fit to be used for that type of licensable food business;

(f)

whether —

(i)

the written permission or authorisation required by the Planning Act 1998 for the use of the premises for that licensable food business has been granted or deemed granted; and

(ii)

the requirements under any other written law for provisioning of sanitary conveniences in those premises have been complied with;

(g)

whether the applicant or food business licensee has, and will keep and maintain, the following plans relating to the licensable food business:

(i)

an accepted farm management plan, where the licensable food business involves any primary production activity;

(ii)

an accepted food control plan, where the licensable food business is a food business mentioned in section 91(2)(b);

(h)

the applicant’s or food business licensee’s compliance history with Part 2, where applicable;

(i)

whether and how the applicant or food business licensee prepares to deal with any disruptive event occurring;

(j)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted a food business licence.

(3)

Subsection (2) applies to an applicant or food business licensee which is an entity with the following modifications:

(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.

(4)

For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular licensable food business that is the subject of an application for a food business licence, the Agency must have regard to all of the following matters:

(a)

the person’s compliance history with any of the following so far as that relates to the carrying on of that licensable food business:

(i)

the provisions of this Act and any predecessor law about requirements in respect of manufacturing, preparing or handling to ensure safe and suitable food or in respect of primary production activity to ensure safe primary produce;

(ii)

the conditions of any food business licence granted to the person; (iii)the provisions of any code of practice applicable to the person;

(iv)

a Part 7 direction;

(b)

the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving safe and suitable food in carrying on that licensable food business.

(5)

To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(6)

In this section, “predecessor law” means any of the following:

(a)

the Animals and Birds Act 1965, so far as that Act relates to food producing animals;

(b)

the Control of Plants Act 1993, so far as that Act relates to cultivation of plants intended for human consumption;

(c)

Part 4 of the Environmental Public Health Act 1987;

(d)

the Fisheries Act 1966, so far as that Act relates to cultivation of fish intended for human consumption;

(e)

the Sale of Food Act 1973 repealed by this Act;

(f)

the Wholesome Meat and Fish Act 1999 repealed by this Act.

Clause 93

Conditions of food business licence

(1)

Without limiting section 294, in granting a food business licence to any person, the Agency may impose conditions requiring the food business licensee —

(a)

to meet all the standards prescribed for the maintenance, cleanliness, sanitation and hygiene of the licensable food business authorised by the licence, or specified in the licence in so far as the standards are not prescribed;

(b)

to comply with procedures prescribed to achieve the safety and suitability of food or the safety of primary produce, including document control and recording;

(c)

to prepare itself for the following ends:

(i)

to deal with any disruptive event occurring;

(ii)

to prevent any intentional engaging in conduct, by any individual, so as to jeopardise the safety of food which is manufactured, prepared or otherwise handled or of primary produce which is produced at the food premises of the food business, including any attempt to do so,by establishing and maintaining procedures and plans directed to those ends, and conducting simulations or other tests of those procedures and plans (where necessary) to give effect to those procedures and plans;

(d)

to carry on the licensable food business authorised by the licence in accordance with an accepted farm management plan or an accepted food control plan; or

(e)

to furnish or further furnish a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the Agency considers appropriate.

(2)

In granting a person a food business licence for a licensable food business, the Agency accepts —

(a)

where the food business involves any primary production activity, the person’s farm management plan relating to that food business; or

(b)

in any other case, the person’s food control plan relating to that food business.

Clause 94

Validity of food business licence

(1)

Every food business licence granted under this Part is to be in any form that the Agency may determine.

(2)

Every food business licence granted under this Part is in force for the period (not exceeding 5 years) specified in the licence —

(a)

except when it is wholly suspended under section 96(2); or

(b)

unless it is earlier revoked under section 96(1).

(3)

To avoid doubt, a licence to use more than one premises for a licensable food business does not cease only by reason that one of the premises to which it relates stops being used for the licensable food business.

Clause 95

Modifying conditions of food business licence

Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of a food business licence without compensating the food business licensee concerned.

Clause 96

Regulatory action concerning food business licence

(1)

Subject to Division 4 of Part 14, if the Agency is satisfied that —

(a)

a food business licensee is contravening or not complying with, or has contravened or failed to comply with —

(i)

any of the conditions of its food business licence;

(ii)

any provision of this Act applicable to the food business licensee so far as that relates to the carrying on of the licensable food business stated in its food business licence, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;

(iv)

any direction given to the food business licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 100 applicable to the food business licensee;

(b)

a food business licensee has ceased to carry on the food business authorised by the food business licence;

(c)

a food business licensee, or any officer of a food business licensee, is convicted of a relevant offence committed during the term of the food business licence or an immediately prior food business licence;

(d)

a food business licensee is suffering from a prescribed infectious disease, or knowingly employs or engages to handle food in the course of the licensee’s licensable food business an individual —

(i)

who is or is suspected to be suffering from a prescribed infectious disease; or

(ii)

who refuses to be immunised against a prescribed infectious disease where a direction under section 130 is given in relation to the licensee’s licensable food business;

(e)

the continued use of the premises for a food business under a food business licence would constitute an unacceptable risk to the safety, welfare or wellbeing of customers of that licensable food business at the premises;

(f)

there is or has been a serious failure of the operations of a food business licensee, or there are or have been other matters, that cast doubt on the safety of the primary produce produced, or the safety and suitability of the food manufactured, prepared or supplied, by the food business licensee;

(g)

a food business licence had been obtained by a food business licensee by fraud or misrepresentation; or

(h)

the public interest of Singapore requires,the Agency may revoke (without any compensation) the food business licence of the food business licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the food business licensee under this Act.

(2)

However, the Agency may, in lieu of revoking under subsection (1) the food business licence of a food business licensee, do (without any compensation) one or more of the following:

(a)

censure the food business licensee in writing;

(b)

direct the food business licensee to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the food business licence for not more than 6 months;

(d)

modify any condition of the food business licence;

(e)

direct the food business licensee to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the food business licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:

(i)

to secure compliance by the food business licensee with any condition attached to the food business licence;

(ii)

to secure compliance by the food business licensee with any code of practice applicable to the food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the food business licensee.

(3)

In subsection (3), “repeat offender”, in relation to an offence under subsection (2), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, an offence under subsection (2).

Clause 98

Application of this Division

(1)

This Division applies only to a licensable food business that is prescribed by the Minister, by order in the Gazette, as subject to this Division.

(2)

Where any licensable food business is prescribed in any order made under subsection (1), this Division does not apply to or in relation to the carrying on of the licensable food business before the date the order comes into force.

Clause 99

Information food business proprietor must keep or have ready access to

(1)

Every proprietor of a licensable food business to which this Division applies must keep, or have ready access to, the information described in subsection (2) for no shorter than the prescribed period after the date that the food is supplied by the proprietor.

(2)

The information is —

(a)

the prescribed identity particulars and prescribed contact details of the person to whom the food was supplied by the proprietor;

(b)

the prescribed identity particulars and prescribed contact details of —

(i)

the manufacturer or primary producer of the food; or

(ii)

the person from whom the proprietor acquired the food;

(c)

a description of the identity of the food by commodity, brand (if any) and lot (if any); and

(d)

any other information that is prescribed.

(3)

A proprietor of a licensable food business who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(4)

Strict liability applies to the offence in subsection (3).

(5)

In this section, “prescribed” means prescribed by any regulations made under Part 15.

Clause 100

Identification, location and tracing of food

(1)

A proprietor of a licensable food business to which this Division applies must have procedures for —

(a)

identifying and locating food supplied, handled or produced by the proprietor; and

(b)

tracing food so that the food can be traced —

(i)

from the supplier of the food to the proprietor;

(ii)

while the food is under the proprietor’s control; and

(iii)

from the proprietor to the next person to whom responsibility for the food has passed (other than the ultimate consumer).

(2)

A proprietor of a licensable food business to which this Division applies must ensure that food is identified, located and traced in accordance with those procedures.

(3)

within 24 hours after the request, or within any reasonable shorter period specified by the authorised officer or food inspector, as the case may be.

(2)

Where any information which is required by subsection (1) to be given to an authorised officer or a food inspector is not given or is not given within the time delimited under subsection (1)(b), then the proprietor of a licensable food business requested to give the information shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3)

Subsection (2) does not apply if the person required to give the information has a reasonable excuse.

(4)

under section 24 of the Sale of Food Act 1973 for contravening section 21 of that Act; or

(v)

under section 11(2) or 12(2) of the Wholesome Meat and Fish Act 1999.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv) or (v) may be before, on or after the commencement of this section.

(5)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4)

In subsection (3), “repeat offender”, in relation to an offence under this section, means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and (b)has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under this section.

Clause 104

Disallowed activities for non‑licensable food business

(1)

A proprietor of a food business which is not a licensable food business commits an offence if —

(a)

the proprietor engages in conduct, or causes or permits an individual to engage in conduct —

(i)

in the course of carrying on the food business at any premises, which is prescribed in any regulations made under Part 15 as prohibited conduct for that food business; or

(ii)

in certain circumstances in the course of carrying on the food business at any premises, which are prescribed in any regulations made under Part 15 as disallowed circumstances for that food business; and

(b)

the proprietor knows, or ought reasonably to know, that the conduct —

(i)

is prescribed in those regulations as prohibited conduct for that food business; or

(ii)

is engaged in circumstances which are prescribed in those regulations as disallowed circumstances for that food business,as the case may be.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000.

Clause 105

Meaning of “pre-market approval”

In this Part, “pre‑market approval” means an approval granted under this Part for a novel food or a genetically modified food to be available for consumption as food by the general public, after the Agency makes an assessment of the public health and safety considerations having regard to —

(a)

the potential for adverse effects in humans;

(b)

the composition or structure of the novel food or genetically modified food;

(c)

the process by which the novel food or genetically modified food has been prepared;

(d)

the source from which the novel food or genetically modified food is derived;

(e)

the likely patterns and levels of consumption of the novel food or genetically modified food; and

(f)

any other relevant matters.

Clause 106

Supplying defined food

(1)

A person commits an offence if —

(a)

the person supplies any food in Singapore;

(b)

the food is a defined food; and

(c)

the person knows, or ought reasonably to know, that the food is a defined food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

Defence of due diligence

(1)

In a prosecution of a person for an offence under section 106 or 107, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the commission of the offence was due to —

(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2)

In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —

(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3)

Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

Clause 109

Application for pre-market approval

Without limiting section 292(4), the Agency may refuse to consider an application for pre‑market approval with respect to a novel food or a genetically modified food if the application does not contain sufficient information for the Agency to make an assessment as to the public health and safety considerations as described in section 105.

Clause 110

Grant of pre-market approval

(1)

Without limiting section 294, in granting a pre‑market approval in respect of a novel food or a genetically modified food, the Agency may impose any conditions that the Agency considers requisite or expedient to ensure that the novel food or genetically modified food, as the case may be —

(a)

is what it says it is; and

(b)

is safe, and after having regard to the public health and safety considerations as described in section 105.

(2)

The Agency may, at the request of an applicant for pre‑market approval in respect of a novel food or a genetically modified food, grant the pre‑market approval subject to an exclusive use condition.

Clause 111

Validity of pre-market approval

A pre‑market approval granted in respect of a novel food or a genetically modified food has effect until —

(a)

the approval is cancelled under section 112; or

(b)

in the case of a novel food, it earlier ceases to be a novel food.

Clause 112

Cancelling pre-market approval

Subject to Division 4 of Part 14, the Agency may cancel (without any compensation) a pre‑market approval in respect of a novel food or a genetically modified food if the Agency is satisfied that —

(a)

the pre‑market approval had been obtained by fraud or misrepresentation; (b)any condition of the pre‑market approval is contravened or not complied with;

(c)

after the grant of the pre‑market approval, there has been a material change to —

(i)

the method by which the novel food or genetically modified food is manufactured, prepared, preserved, packaged or stored; or

(ii)

any other information relating to the novel food or genetically modified food which was provided in connection with the application for the pre-market approval; or

(d)

where drinking water is supplied using a reticulation system, the addition to drinking water of any contaminant or substance due solely to the contact between the drinking water and any network infrastructure of the reticulation system during the water’s passage; or

(d)

conditioning or purifying drinking water using filters or other devices to improve the quality or aesthetic aspects of the drinking water;

Definition

“drinking water producer” means a person who carries on drinking water production in the course of business;

Definition

“drinking water production” means an undertaking that involves —

(a)

any of the following:

(i)

water harvesting or collection (including, for example, water storage by means of a tank or other infrastructure);

(ii)

recovering water from a water resource not supplied by a reticulated water system;

(iii)

extracting groundwater or water from the air; and

(b)

treating or recycling the water harvested, collected, recovered or extracted in paragraph (a) to obtain drinking water;

Definition

“drinking water service” means a service that involves —

(a)

drinking water production; and

(b)

supplying to another the drinking water obtained from drinking water production in paragraph (a) —

(i)

by a reticulation system; or

(ii)

in bulk;

Definition

“water resource” means —

(a)

a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows, whether permanently or from time to time;

(b)

a lake or reservoir; or

(c)

the sea.

(2)

Despite subsection (1), the term “drinking water service” does not include a service involving —

(a)

the supply of drinking water to a vessel, the supply of which is regulated under the Maritime and Port Authority of Singapore Act 1996;

(b)

the supply to a Singapore ship of drinking water, the supply of which is regulated under the Merchant Shipping Act 1995;

(c)

the supply by a drinking water producer, of drinking water obtained by the drinking water producer from its drinking water production to the Public Utilities Board, and to no other person; or

(d)

the supply by a person to another of drinking water that has been directly obtained from a drinking water producer subject to this Part, provided that the drinking water from the drinking water producer is not altered or altered to any material degree by the supplier.

(3)

a proprietor of a food business, whether or not a food business licensee;

(b)

a drinking water producer providing a drinking water service;

(c)

a person who supplies drinking water that has been directly obtained from the Public Utilities Board or another drinking water producer;

(d)

a person who has a duty to control, manage and administer any common property comprising any network infrastructure for distributing drinking water from the Public Utilities Board or another drinking water producer to occupants of premises in a subdivided building; and common property has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004.

(2)

A written direction may be given under subsection (1) where the Director‑General reasonably believes that —

(a)

drinking water supplied, or to be supplied, by a drinking water producer as part of a drinking water service is unwholesome, or may be the means by which an illness is being, has been, or will be, transmitted; or

(b)

a direction is necessary for the purposes of averting, eliminating or minimising a risk, or a perceived risk, to human health among the general public in relation to drinking water.

(3)

A written direction under subsection (1) may require the person to whom it is addressed to do or not to do any thing reasonably required for the purpose for which the direction is given, including one or more of the following:

(a)

a requirement that the person discontinue, or not start —

(i)

supplying any drinking water; or

(ii)

any other specified activity,for a specified period or until further notice is given by an authorised officer;

(b)

a requirement that the person not supply any drinking water or not carry on a specified activity, except subject to specified conditions;

(c)

a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;

(d)

a requirement that the person take action to prevent, eliminate, minimise or control any specified risk to the general public in relation to drinking water, or to control any specified activity;

(e)

a requirement that the person comply with any standard in any Part 6 Regulations, or any guideline or code in relation to drinking water which is prepared or published by the Agency and referred to in the direction;

(f)

a requirement that the person undertake specified tests or monitoring in relation to drinking water;

(g)

a requirement that the person provide an authorised officer referred to in the direction or to the Agency specified results or reports;

(h)

a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Agency, a plan of action to secure compliance with a relevant requirement or to prevent, eliminate, minimise or control any specified risk to human health among the general public in relation to drinking water;

(i)

in the case of a drinking water producer providing a drinking water service, a requirement to notify affected consumers that drinking water supplied by the drinking water producer as part of its drinking water service should be boiled, or treated in some other way, before drinking.

(4)

Subject to subsection (5), a written direction under subsection (2) takes effect when it is given to the person to whom it is addressed, and continues in force until the earlier of the following occurs:

(a)

the expiry date stated in the direction is reached;

(b)

the Director‑General revokes the direction.

(5)

Where the Director‑General gives a written direction under subsection (2) requiring a person —

(a)

to discontinue, or not start, supplying any drinking water; or

(b)

to not supply any drinking water except subject to specified conditions,because the Director‑General has reasonable grounds to believe that the direction is necessary or desirable to prevent or control a threat (actual or imminent) to public health or an imminent risk of death or serious illness, that direction takes effect in accordance with subsection (4) but expires on (and including) the 10th day after that date it takes effect.

(6)

However, the cessation of a written direction under subsection (1) having effect (whether or not by revocation) does not prevent another written direction being made and given by the Director‑General if the Director‑General is satisfied that the circumstances warrant it under subsection (1).

(7)

A reference in subsection (1) to the Director‑General includes a reference to an authorised officer duly appointed by the Director‑General to act for him or her for the purpose of this section.

Clause 117

Offence of not complying with section 116 direction

(1)

A person to whom a section 116 direction is addressed and given commits an offence if the person —

(a)

intentionally carries on an activity in contravention of the direction;

(b)

neglects or refuses to comply with the direction; or

(c)

fails to comply with a condition specified in the direction.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

Subsection (2) does not apply if the person has a reasonable excuse.

(4)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

Clause 118

Persons acting in name of Director‑General

A reference in this Part to the Director‑General includes a reference to an authorised officer duly appointed by the Director‑General to act for him or her for the purposes of this Part.

Clause 119

Persons to whom Part 7 directions may be given

(1)

Subject to section 130, the Director‑General may give a direction under Division 2 of this Part to all or any of the following, individually or as a class:

(a)

a proprietor of a food business, whether or not a food business licensee;

(b)

a licensed importer under Part 3 of an import‑controlled item other than animal feed;

(c)

a manufacturer or supplier of a regulated food contact article;

(d)

a person carrying on a business of selling or supplying (by wholesale or retail) any regulated food contact article;

(e)

a person in control of, or reasonably appearing to be in control of, food or anything that may become food.

(2)

The Director‑General may give a direction under Division 3 of this Part to all or any of the following, individually or as a class:

(a)

a producer of an animal feed, whether or not a licensee under Part 11;

(b)

a licensed importer under Part 3 of an animal feed;

(c)

a proprietor of a food business involved in a primary production activity;

(d)

a proprietor of a food business that involves the slaughter of animals to produce meat or meat products;

(e)

a person in control of, or reasonably appearing to be in control of, any animal feed.

Clause 120

Content and effect of Part 7 directions — general

(1)

A Part 7 direction is binding on —

(a)

the person to whom it is addressed and given; and

(b)

if applicable, the personal representatives, successors and assignees of the person to whom it is addressed and given, to the same extent as it applies to that person.

(2)

A Part 7 direction must be in writing, or be confirmed in writing as soon as practicable after being given orally.

(3)

In making a Part 7 direction, it is not necessary for the Director‑General to give any person who may be affected by the direction a chance to be heard before the direction is given.

(4)

A Part 7 direction must state —

(a)

whether the person to whom it is given must —

(i)

advise the Director‑General of the details of the manner in which the person proposes to comply with the direction;

(ii)

keep information about the matters that are the subject of the direction;

(iii)

regularly notify the Director‑General about the steps being taken towards compliance with the direction; or

(iv)

give written notice to the Director‑General when the person has complied with the direction;

(b)

that it is an offence under this Act to fail to comply with the direction;

(c)

that if the person to whom the direction is given fails to comply with it, the Director‑General may carry out the direction; and

(d)

that if the Director‑General carries out the direction, the Agency may recover the costs and expenses reasonably incurred by the Director‑General in carrying out the direction from the person to whom the direction was given.

(5)

given to each of the persons in the class in accordance with subsection (1); or

(b)

published both —

(i)

in a daily newspaper circulating in Singapore, or on radio and on television, or in any other way that, in the opinion of the Director‑General, will be most likely to bring the direction to the attention of the persons who belong to the class; and

(ii)

on the Agency’s official online location.

(3)

A Part 7 direction that is addressed to a public authority is sufficiently given if it is given to the chief executive (however called) of the public authority in accordance with section 304(2).

Clause 122

When Part 7 direction takes effect

(1)

Subject to subsections (2), (3) and (4), a Part 7 direction takes effect when it is given to the person to whom it is addressed, and continues in force until the earlier of the following occurs:

(a)

the expiry date stated in the direction is reached;

(b)

for a direction under section 130 relating to an individual employed or engaged as a food worker by a food business licensee, the date the individual permanently ceases to be employed or engaged as a food worker by a food business licensee;

(c)

the Director‑General revokes the direction.

(2)

must not remove, and must prevent and disallow the removal of, any meat or meat product, primary produce or food specified in the direction from those premises for any purpose except with the prior consent of an authorised officer or a food inspector.

(4)

If a direction under this section includes a direction under subsection (3)(a) or (b), the Director‑General —

(a)

may order that a copy of the direction be affixed to a conspicuous part of the food premises concerned in such a manner that the direction can be read by a member of the general public from outside those premises;

(b)

may, by notice published in a daily newspaper circulating in Singapore, on radio and on television, or by any other appropriate means, inform the general public that the direction has been made and the terms of the direction; and

(c)

if the Director‑General is not the licensing authority for the premises, must notify the licensing authority of the making of the direction, and any appeal made under Part 12 against the direction and the outcome of the appeal.

Clause 124

Direction for food vending machines and other equipment

(1)

This section applies if the Director‑General is satisfied from the report of an authorised officer or a food inspector that —

(a)

a food vending machine is in such an unclean or unsanitary condition as to make any food obtained from the machine unsafe or unsuitable, or likely to be unsafe or unsuitable; or

(b)

an equipment used in —

(i)

any slaughter of animals to produce meat or meat products;

(ii)

any manufacturing of food;

(iii)

any primary production activity; or

(iv)

the supply or handling of food,is in such an unclean or unsanitary condition or a state of disrepair, as to make the resulting meat or meat products, primary produce or food (as the case may be) unsafe or unsuitable, or likely to be unsafe or unsuitable.

(2)

The Director‑General may, in a direction given to the owner of the food vending machine or other equipment mentioned in subsection (1), direct the owner to do within a specified time all or any of the following things to the satisfaction of an authorised officer or a food inspector:

(a)

put the food vending machine or other equipment into a clean and sanitary condition, which may include disinfection;

(b)

alter, repair or improve the food vending machine or other equipment.

(3)

The Director‑General may, in a direction made under this section, further direct that until the matters referred to in subsection (2) are complied with, the owner of the vending machine or other equipment mentioned in subsection (1) concerned —

(a)

must stop using, and must prevent and disallow the use of, the food vending machine; or

(b)

must stop using, and must prevent and disallow the use of, the other equipment in connection with any slaughter of animals to produce meat or meat products, any meat processing, any primary production activity or any supply or handling of food,as is specified in the direction.

(4)

If the Director‑General makes a direction that includes a further direction under subsection (3), the Director‑General —

(a)

may order that a copy of the direction be affixed to a conspicuous part of the food vending machine or other equipment concerned in such a manner that the direction can be read by an individual who may intend to use the food vending machine or other equipment; and

(b)

if the Director‑General is not the licensing authority for the food vending machine or other equipment, must notify the licensing authority of the making of the direction, and any appeal made under Part 12 against either direction and the outcome of the appeal.

(5)

Except with the express approval of an authorised officer, a person must not remove the copy of a direction affixed under subsection (4)(a) to a food vending machine or other equipment while that direction remains in force.

Clause 125

Direction to deal with hazard or source of contamination

(1)

Where the Director‑General —

(a)

“hazard” means an adverse or injurious health effect on humans that arises or may have the potential to arise from any of the following:

(a)

a biosecurity matter, a chemical substance or other matter that —

(i)

is in primary produce, food or a regulated food contact article;

(ii)

has the potential to be in primary produce, food or a regulated food contact article;

(iii)

is a condition of primary produce, food or a regulated food contact article; or

(iv)

has the potential to affect the condition of primary produce, food or a regulated food contact article;

(b)

a biosecurity carrier;

(c)

Every movement control direction must include reference to —

(a)

the suspected hazard or suspected source of contamination, such as (but not limited to) —

(i)

a thing or an activity;

(ii)

a particular premises (where, for example, there may be contamination from the land or the environment); or

(iii)

a particular person, or a particular food business or a specified class of food businesses (where, for example, the contamination may have been caused by a human act or omission); and

(b)

the area or areas in Singapore to which the movement or related controls in the movement control direction apply.

(2)

Every movement control direction must state the movement or related controls, which may relate to all or any of the following:

(a)

any activity involving —

(i)

any slaughter of animals to produce meat or meat products;

(ii)

any meat processing;

(iii)

any primary production activity;

(iv)

any supply or handling of food; or

(v)

any manufacturing, or supply or use, of a regulated food contact article for use with food;

(b)

any premises;

(c)

any food;

(d)

any live food producing animal or other thing that may become food, whether or not a biosecurity carrier;

(e)

any food business;

(f)

any regulated food contact article, or any thing that may become a regulated food contact article;

(g)

any food worker;

(h)

any biosecurity matter;

(i)

any thing else that the Director‑General suspects relates to the suspected hazard or the suspected source of contamination.

(3)

The movement or related controls in a movement control direction may —

(a)

prohibit or restrict the movement or relocation of any thing described in subsection (2) within Singapore or into or out of or within a stated area in Singapore;

(b)

prohibit or restrict the completion of a movement or relocation of a type mentioned in paragraph (a) if the movement or relocation is already in progress when the direction under this section is made;

(c)

prohibit or restrict the undertaking of an activity described in subsection (2) within a stated area in Singapore;

(d)

require the taking of specific actions —

(i)

to confirm the presence, or find out the extent of the presence, in the area to which the direction applies, of the suspected hazard or the suspected source of contamination to which the direction relates;

(ii)

to confirm the absence, in the area to which the direction applies, of the suspected hazard or the suspected source of contamination to which the direction relates;

(iii)

to monitor the effects of measures taken to minimise, manage or eradicate the risk to human health; or

(iv)

to monitor compliance with any prohibition or restriction in paragraph (a), (b) or (c) which is imposed by the direction; or

(e)

require the taking of specific actions or measures as are reasonably necessary to minimise, manage or eradicate the risk to human health created by the suspected hazard or the suspected source of contamination.

(4)

A movement control direction may also —

(a)

direct the keeping of information about the matters that are the subject of the direction;

(b)

direct the provision of reports to the Director‑General about the matters that are the subject of the direction; and

(c)

direct the person to whom the direction is given to notify the Director‑General when —

(i)

the hazard, or source of contamination, has been identified;

(ii)

the hazard, or source of contamination, has been minimised or eradicated; or

(iii)

no hazard, or source of contamination, has been identified.

Clause 127

Declaration direction — content

(1)

Every declaration direction must include reference to the suspected hazard or suspected source of contamination, such as (but not limited to) —

(a)

a thing or an activity;

(b)

a particular premises (where, for example, there may be contamination from the land or the environment); or

(c)

a particular person, or a particular food business or a specified class of food businesses (where, for example, the contamination may have been caused by a human act or omission).

(2)

Every declaration direction must state the information the person to whom the direction is given must complete and give to the Director‑General, which may relate to all or any of the following information:

(a)

matters relating to the history of the primary produce, food or a regulated food contact article in question, including, if appropriate —

(i)

identification or details of any owner or previous owner of the primary produce, food or regulated food contact article in question, or any person who presented or supplied it to the person required to make the declaration; and

(ii)

identification or details of the area or place where the primary produce, food or regulated food contact article in question was kept, or was taken or procured from, and any surrounding area or place at which it was stored;

(b)

matters relating to treatments or applications applied by way of veterinary drugs or agricultural compounds during production of the primary produce or food in question;

(c)

information relating to the feeding of an animal, if the primary produce or food in question contains an animal product;

(d)

information relating to the possible exposure of the primary produce, food or regulated food contact article in question to hazards;

(e)

the place the primary produce, food or regulated food contact article in question is being moved from, the place it is being moved to, and any previous place it has been moved from;

(f)

matters relating to the movement of the primary produce, food or regulated food contact article in question.

(3)

Every declaration direction must also state that the information must be completed and given to the Director‑General within a reasonable period specified in that direction.

(4)

To avoid doubt, this does not affect any duties imposed under Part 2, Division 7 of Part 3, Division 3 of Part 4 and Subdivision (2) of Division 2 of Part 11.

Clause 128

Direction to recall food or regulated food contact article

(1)

The Director‑General may give a direction in subsection (2) to any person described in section 119(1) —

(a)

for the purpose of examining, rectifying, controlling or disposing of food or a regulated food contact article, after taking into account any relevant information or warnings about the food or regulated food contact article that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; or

(b)

if the Director‑General has reasonable grounds to believe that the direction is necessary to prevent or reduce the likelihood of physical harm being caused to humans or to mitigate the adverse consequences of that likelihood.

(2)

The direction is any of the following:

(a)

to recall food that is unsafe or unsuitable or is a defined food, or whose safety or suitability is in doubt;

(b)

to recall a regulated food contact article that has, when used with food, caused food to be no longer safe or suitable, or for which there is doubt about whether food remains safe or suitable when the regulated food contact article is used with food;

(c)

to recall a regulated food contact article if there is doubt about whether it may contaminate food;

(d)

to recall food or a regulated food contact article that is mislabelled or incorrectly identified;

(e)

to take food or a regulated food contact article recalled under paragraph (a), (b), (c) or (d) to —

(i)

any premises specified in the direction; or

(ii)

any premises agreed to between the Director‑General and the person to whom the direction is given.

(3)

A direction to recall food or a regulated food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.

(4)

A person who is required by a direction to recall food or a regulated food contact article must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion.

(5)

If a person to whom the direction is given fails or refuses to comply with it —

(a)

the Director‑General may take any reasonable steps necessary to ensure control of the food or regulated food contact article; and

(b)

the Agency may recover the costs and expenses reasonably incurred by the Director‑General in ensuring control of the food or regulated food contact article as a debt due from the person to whom the direction was given.

(6)

This section does not prevent the Director‑General exercising his or her power under section 129, 131 or 132.

Clause 129

Direction to manage food, regulated food contact article, etc.

(1)

The Director‑General may give a direction in subsection (2) to any person described in section 119(1) if the Director‑General —

(a)

reasonably believes —

(i)

that food or a regulated food contact article which is already the subject of a direction under section 126 is unsafe or unsuitable, or is a defined food, and further controls are required; or

(ii)

that a live food producing animal, which is already the subject of a movement control direction, is a biosecurity carrier; or

(b)

recalls food or a regulated food contact article under section 128.

(2)

The direction may be about doing or not doing all or any of the following to the food, regulated food contact article or live food producing animal:

(a)

condemning or destroying it;

(b)

disposing of or re‑exporting it;

(c)

identifying it;

(d)

A direction under this section may also require a particular individual as follows:

(a)

to stop handling food in the course of a licensable food business unless or until he or she —

(i)

is diagnosed by a medical practitioner as not suffering from a prescribed infectious disease or other condition that is liable to render food handled as unsafe or unsuitable; or

(ii)

is immunised against a prescribed infectious disease;

(b)

to engage in conduct, or to refrain from engaging in conduct, specified in a direction relating to his or her personal hygiene and health practices when handling food as a food worker employed or engaged in a licensable food business, including (but not limited to) —

(i)

not expectorating;

(ii)

wearing an attire or accessory for the purpose of protecting food that he or she handles against contamination; and

(iii)

ensuring that the individual is, or his or her clothing is kept, in a clean and sanitary condition.

(4)

A direction under this section must be for all or any of the following purposes:

(a)

to ensure the continued competence of a particular individual or particular individuals employed or engaged as a food worker or food workers in a licensable food business in handling food in such a way that does not make the food unsafe or unsuitable, or likely to be unsafe or unsuitable;

(b)

to minimise or prevent the future personal conduct of a particular individual or particular individuals that makes or is likely to make food unsafe or unsuitable when the individual is or individuals are employed or engaged as a food worker or food workers in a licensable food business.

(5)

An individual who is registered as a food worker by the Agency ceases to be registered when the registration expires or a direction is earlier given to the individual under this section.

Clause 131

Direction to publish statement

(1)

The Director‑General may give to persons described in section 119(1) a direction to publish in Singapore a statement to the general public, or to a class of persons specified in the direction, for the purpose of protecting the general public or class of persons, as the case may be.

(2)

The Director‑General may specify that the statement must include all or any of the following:

(a)

the nature of the problem, including (where applicable) —

(i)

This is not a delegable function of the Agency.

Clause 133

General preventative or corrective action direction

(1)

Without limiting any other provision in this Division, the Director‑General may give a direction in subsection (2) to any of the persons described in section 119(1) if the Director‑General is satisfied (whether or not from the report of an authorised officer or a food inspector) that an applicable requirement of this Act with respect to primary produce, food or a regulated food contact article is or has been contravened or not complied with.

(2)

The direction must be about the taking of preventative or corrective action in respect of primary produce, food or a regulated food contact article that the Director‑General reasonably believes is necessary to ensure compliance with the provisions of this Act.

Clause 134

Direction to impose movement controls, etc., for animal feed

(1)

The directions mentioned in sections 123, 124 and 125 may be given by the Director‑General under this section in relation to an animal feed if the Director‑General —

(a)

reasonably suspects (whether or not from the report of an authorised officer or a food inspector) the existence of a hazard or a source of contamination that may affect the animal feed; and

(b)

is satisfied on reasonable grounds that any such direction is necessary to minimise, manage or eradicate, over a limited period or over an extended or indefinite period, the risk to health of any food producing animals created by the suspected hazard or the suspected source of contamination.

(2)

For the purpose of this section, sections 123, 124 and 125 apply as follows:

(a)

disposing of or re-exporting it;

(c)

identifying it;

(d)

processing and handling it or re‑processing it;

(e)

labelling or relabelling it;

(f)

storing it;

(g)

transporting it;

(h)

sampling or testing it;

(i)

advertising or selling it.

Clause 137

Direction to address threats to primary production, etc.

(1)

The Director‑General may give a biosecurity direction in subsection (2) to any person described in section 119(2) if the Director‑General considers that —

(a)

an event —

(i)

has happened or is happening; and

(ii)

has had or is having an adverse effect on —

(A)

the production of primary produce in any part of Singapore; or

(B)

the health of food producing animals or to their habitats in any part of Singapore;

(b)

the event was or is being caused by, or may be or may have been caused by a biosecurity matter; and

(c)

it is necessary to exercise powers under this section to mitigate or prevent a significant threat or likely significant threat to securing or maintaining consumer confidence in supply sources of safe and suitable food for the general public.

(2)

A direction under this section may require the recipient to do all or any of the following, at stated premises within the part of Singapore mentioned in subsection (1)(a)(ii) and within a stated period of time:

(a)

prohibit or restrict the movement or relocation of any biosecurity matter or biosecurity carrier —

(i)

out of or within the stated premises; or

(ii)

into the stated premises;

(b)

prohibit or restrict the completion of a movement or relocation of a type mentioned in paragraph (a) if the movement or relocation is already in progress when the direction under this section is made;

(c)

isolate a biosecurity matter or a biosecurity carrier at the stated premises in a stated way;

(d)

cull or otherwise destroy, or cause the culling or destruction of, a biosecurity matter or a biosecurity carrier at the stated premises in a stated way;

(e)

dispose of a biosecurity matter or a biosecurity carrier in a stated way, including by burning or burying it or by depositing it at a place where waste is deposited or disposed of;

(f)

treat in a stated way, or refrain from treating, a biosecurity carrier of a biosecurity matter so as to control the biosecurity matter, or to stop the spread or lessen the risk of the spread of the biosecurity matter; Illustration Vaccinate animals not culled.(g)clean or disinfect the stated premises, or part of the stated premises, an individual at those premises, or anything on the individual or a biosecurity carrier at those premises, in a stated way;

(h)

stop or restrict using the stated premises, or part of the stated premises, for a stated purpose or a stated period, or until a stated action is taken;

(i)

Clause 139

Non-compliance with Part 7 direction

(1)

A person to whom a Part 7 direction (except a declaration direction) is addressed and given commits an offence if the person —

(a)

carries on an activity in contravention of the direction;

(b)

neglects or refuses to comply with the direction; or

(c)

fails to comply with a condition specified in the direction.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

Where any information which is required by a declaration direction to be given to the Director‑General is not given or is not given within the time delimited under section 127(3), then the person given the direction shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(5)

Subsections (1) and (4) do not apply if the person has a reasonable excuse.

(6)

The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.

Clause 140

Tampering with affixed copy of Part 7 direction

(1)

A person commits an offence if the person —

(a)

intentionally removes or causes to be removed;

(b)

intentionally alters or causes to be altered; or

(c)

intentionally defaces or causes to be defaced,a copy of any direction that is affixed to any premises, food vending machine or other equipment under section 121(1)(b) or as ordered under section 123(4)(a) or 124(4)(a), while that direction remains in force.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $20,000.

Clause 141

Compensation

(1)

A person bound by a Part 7 direction who suffers loss as a result of the making of the direction may apply to the Agency for compensation if the person considers that there were insufficient grounds for the making of the direction.

(2)

If there were insufficient grounds for the making of the Part 7 direction, the Agency is to pay just and reasonable compensation to the applicant.

(3)

The Director‑General must give written notice of the Agency’s determination as to the payment of compensation under this section to each applicant for the payment of compensation.

(4)

If the Agency has not determined an application for compensation under this section within 28 days after receiving the application, the Agency is taken to have refused to pay any compensation.

(5)

An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Agency as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination —

(a)

within 28 days after the day on which notification of the determination was received; or

(b)

in a case to which subsection (4) applies, within 28 days after the end of the 28‑day period referred to in that subsection.

(6)

If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the General Division of the High Court.

Clause 142

Application of Part 8

It does not matter in this Part that the food concerned was supplied or intended for supply outside Singapore.

Clause 143

Meaning of “hazardous food contact article”

In this Part, a “hazardous food contact article” means a food contact article that, if used for the purposes for which it was designed or intended to be used —

(a)

would render or be likely to render food unsuitable; or

(b)

would put another food contact article, or would be likely to put another food contact article, in such a condition that, if the other food contact article were used for the purposes for which it was designed or intended to be used, the other food contact article would render, or be likely to render, food unsuitable.

Clause 144

Handling food in unsafe manner

(1)

A person commits an offence if the person handles any food intended for supply in a way that the person knows, or ought reasonably to know, makes, will make, or is likely to make, the food unsafe.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and (b)has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 19 of that Act.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

Clause 145

Handling food in unsafe manner — strict liability

(1)

A person commits an offence if the person handles any food intended for supply in a way that makes, will make, or is likely to make, the food unsafe.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $20,000.

(3)

Strict liability applies to the offence in subsection (1).

Clause 146

Supplying unsafe food

(1)

A person commits an offence if the person supplies any food that the person knows, or ought reasonably to know, is unsafe.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1);

(ii)

under section 41A of the Environmental Public Health Act 1987 for contravening section 40(1) of that Act;

(iii)

under section 20 of the Sale of Food Act 1973 for contravening section 15 of that Act; or

(iv)

under section 23(2) of the Wholesome Meat and Fish Act 1999 involving any meat or fish product for which is diseased, adulterated or unfit for human consumption.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii) or (iv) may be before, on or after the commencement of this section.

Clause 147

Supplying unsafe food — strict liability

(1)

A person commits an offence if the person supplies any food that is unsafe.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $20,000.

(3)

Strict liability applies to the offence in subsection (1).

Clause 148

Handling food making it unsuitable

(1)

A person commits an offence if the person handles any food intended for supply in a way that the person knows, or ought reasonably to know, makes, will make, or is likely to make, the food unsuitable.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 19 of that Act.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

(5)

For the purposes of this section, it is immaterial whether the food concerned is safe.

Clause 149

Handling food making it unsuitable — strict liability

(1)

A person commits an offence if the person handles any food intended for supply in a way that makes, will make, or is likely to make, the food unsuitable.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(3)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 15 of that Act.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

(5)

For the purposes of this section, it is immaterial whether the food concerned is safe.

Clause 151

Supplying unsuitable food — strict liability

(1)

A person commits an offence if the person supplies any unsuitable food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(3)

Strict liability applies to the offence in subsection (1).

(4)

For the purposes of this section, it is immaterial whether the food concerned is safe.

Clause 152

Handling food making it defined food

(1)

A person commits an offence if the person handles any food intended for supply in a way that the person knows, or ought reasonably to know, makes, will make, or is likely to make, the food a defined food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

For the purposes of this section, it is immaterial whether the food concerned is safe.

Clause 153

Handling food making it defined food — strict liability

(1)

A person commits an offence if the person handles any food intended for supply in a way that makes, will make, or is likely to make, the food a defined food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(3)

Strict liability applies to the offence in subsection (1).

(4)

For the purposes of this section, it is immaterial whether the food concerned is safe.

Clause 154

Unsafe primary produce from primary production activity

(1)

A person commits an offence if —

(a)

the person undertakes any primary production activity;

(b)

the primary produce resulting from the primary production activity is unsafe; and

(c)

the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be unsafe.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

Clause 157

Producing primary produce that is unsuitable food — strict liability

(1)

A person commits an offence if the person undertakes any primary production activity resulting in primary produce that is unsuitable food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(3)

Strict liability applies to the offence in subsection (1).

(4)

For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

Clause 158

Producing primary produce that is defined food

(1)

A person commits an offence if —

(a)

the person undertakes any primary production activity;

(b)

the primary produce resulting from the primary production activity is a defined food; and

(c)

the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be a defined food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

(5)

Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.

Clause 159

Producing primary produce that is defined food — strict liability

(1)

A person commits an offence if the person undertakes any primary production activity, resulting in primary produce that is a defined food.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $15,000.

(3)

Strict liability applies to the offence in subsection (1).

(4)

For the purposes of this section, it is immaterial whether the primary produce concerned is safe.

(5)

Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.

Clause 160

Supplying food imported for private consumption

(1)

A person commits an offence if —

(a)

the person supplies any food;

(b)

the food is none of the following:

(i)

a prohibited food; (ii)a food of higher regulatory concern mentioned in section 44(4);

(c)

the food was imported;

(d)

the food was imported on the basis that it was for private consumption only; and

(e)

the person knows, or ought reasonably to know, that the food was imported on the basis that it was for private consumption only.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

Clause 161

Supplying food imported for private consumption — strict liability

(1)

A person shall be guilty of an offence if —

(a)

the person supplies any food;

(b)

the food is none of the following:

(i)

a prohibited food; (ii)a food of higher regulatory concern mentioned in section 44(4);

(c)

the food was imported; and

(d)

the food was imported on the basis that it was for private consumption only.

(2)

Strict liability applies to the offence in subsection (1).

(3)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

Clause 162

Supplying hazardous food contact article

(1)

A person commits an offence if —

(a)

the person supplies an object in the course of a business;

(b)

the object is a hazardous food contact article; and

(c)

the person knows, or ought reasonably to know, that the object is a hazardous food contact article.

(2)

A person who commits an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $50,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $100,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

Strict liability applies to the offence in subsection (1).

Clause 164

General defence of due diligence

(1)

In a prosecution of a person for an offence under this Part involving a food or a regulated food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the commission of the offence was due to —

(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2)

In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —

(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3)

However, this defence does not apply if the person charged imported the food or regulated food contact article.

(4)

This section is additional to any other defence available to the defendant under the Good Samaritan Food Donation Act 2024 apart from this section.

Clause 165

Defence in respect of handling food

In a prosecution of a person for an offence under section 144, 145, 148, 149, 152 or 153, it is a defence for the person charged to prove, on a balance of probabilities, that the person charged caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe or unsuitable or a defined food.

Clause 166

Defence of relying on warranty, etc.

(1)

In a prosecution of a person for an offence under section 146, 147, 150, 151, 162 or 163 involving a food or a food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person charged bought the food or food contact article from another person (P) in reliance on a written statement as to the nature of the food or a food contact article that was given by or on behalf of P;

(b)

the supply of the food or food contact article would not have constituted the offence with which the person charged is charged if the food or food contact article (as the case may be) had in fact conformed to the written statement;

(c)

when the person charged supplied the food or food contact article, it was in the same condition as it was when the person charged bought it; and

(d)

at the time of the commission of the offence —

(i)

a reasonable person would have had no reason to suspect that the food or food contact article (as the case may be) did not conform to the written statement; and

(ii)

the person charged had no reason to believe the written statement to be inaccurate and the person charged did in fact believe in its accuracy.

(2)

Without limiting subsection (1), in a prosecution of a person for an offence under section 146, 147, 150 or 151 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person charged bought the food in a package and supplied it in the same package and in the same condition as it was in when the person charged bought it; and

(b)

the person charged could not reasonably have found out that supplying the food would constitute the offence with which the person is charged.

(3)

The defence under subsection (1) is only available if the person charged, not later than 14 clear days before the date of the hearing —

(a)

gives the prosecution written notice of the intention of the person charged to rely on the written statement together with a copy of the written statement; and

(b)

gives a copy of the written notice in paragraph (a) to P and informs P that the person charged intends to rely on the written statement.

(4)

P (the person by whom the written statement is alleged to have been given by or on behalf of) is entitled to appear at the hearing and to give evidence.

Clause 167

Defence in respect of food for export

(1)

In a prosecution of a person for an offence under section 146, 147, 150 or 151 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the food in question is to be exported to another country; and

(b)

the food complies with the laws (if any) in force at the time of the alleged offence in the country to which the food is to be exported, being laws that deal with the same subject matter as the provision of this Act is concerned.

(2)

This section does not apply to food that was originally intended for export but was supplied in Singapore.

Clause 168

Defence in respect of hazardous food contact article

In a prosecution of a person for an offence under section 162 or 163, it is a defence for the person charged to prove, on a balance of probabilities, that the person charged reasonably believed that the food contact article concerned was not intended for use in connection with the handling of food.

Clause 169

Defence for offence by employer

(1)

If an employee commits an offence under this Part, his or her employer is taken to have committed the same offence.

(2)

An employer may be proceeded against and convicted under a provision in this Part pursuant to this section whether or not the employee has been proceeded against or been convicted under that provision.

(3)

In proceedings against an employer by virtue of subsection (1) for an offence under this Part, it is a defence for the employer who is charged to prove, on a balance of probabilities, that the employer could not, by the exercise of due diligence, have prevented the commission of the offence.

Clause 170

Liability of employees and agents

(1)

Except as provided by subsection (2), it is no defence in proceedings for an offence under this Part that the person charged was, at the time of the commission of the offence, an employee or agent of another person.

(2)

In any proceedings for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that the person was under the personal supervision of —

(a)

the proprietor of the food business in relation to which the offence was committed;

(b)

the owner or person in charge of the premises, in relation to which the offence was committed; or

(c)

another person representing that proprietor, owner or person in charge.

Clause 171

Non-defences

(1)

For the purposes of this Act —

(a)

it is not a defence to allege that the person instituting the prosecution is not the person who caused any analysis to be made for the purposes of the prosecution; and

(b)

where the prosecution or proceeding relates to any food purchased for analysis, it is not a defence that the part of the food retained for future comparison has from spontaneous natural causes deteriorated, perished or undergone a material change in its constitution.

(2)

It is not a defence that the purchaser bought any food or appliance for analysis or examination and therefore was not prejudiced.

(3)

Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

Clause 172

Definitions for Part 9

The Minister may determine a disease as a non‑communicable disease of public health interest where the Minister is satisfied —

(a)

that one or more identifiable foods consumed contributes to the occurrence of that disease; and

(b)

that the disease —

(i)

is likely to adversely affect the health of the population over a period of time;

(ii)

causes or is likely to cause significant chronic disease, disability or mortality in the population;

(iii)

interferes with or is inconsistent with the goals of public health; or

(iv)

is associated with poor health outcomes in the population.

(2)

A determination under subsection (1) may be made after consulting the Director‑General of Health.

(3)

Once a determination is made under subsection (1), the Minister must cause to be published a notice of the making of the determination without delay either —

(a)

in the Gazette; or

(b)

in any other manner that will secure adequate publicity for the fact of making of the determination.

(4)

However, failure to publish a notice under subsection (3) in respect of any determination does not invalidate the determination.

(5)

A determination made under subsection (1) may be revoked at any time by the Minister; and the Minister must cause the giving of notice of the revocation in the same manner in which the notice of the making of the determination was first given.

Clause 174

Part 9 Regulations

(1)

The Minister may make regulations in relation to —

(a)

one or more identifiable foods which are target foods related to the occurrence of a non‑communicable disease of public health interest, for the purpose of preventing or reducing the occurrence of that disease in Singapore;

(b)

any identifiable foods, for the purpose of informing individuals adequately about the food, and influencing and assisting them, to make food choices affecting their health and wellbeing and that of their families; or

(c)

the advertising of identifiable food or how it is promoted for sale, for the purpose of promoting public health.

(2)

Without limiting subsection (1), those regulations may —

(a)

prohibit the import of target foods or restrict the import of any food;

(b)

restrict or prohibit the way target foods are manufactured, prepared, distributed or supplied, or used in the manufacture or preparation of other foods, including the composition, contents and additives of those target foods;

(c)

restrict or prohibit the way the general public, or certain members of the general public, may acquire or obtain access to target food;

(d)

restrict or prohibit the content used in advertising or labelling of food for supply, including (but not limited to) —

(i)

requiring, or prohibiting, specified content in any advertisement or label relating to that food; and

(ii)

prescribing the form of the content required under sub‑paragraph (i), including (but not limited to) its size and colour, or the size, colour and font type of the content and how it is displayed;

(e)

require warnings to be included in content used in advertising, or content of labels, relating to target foods for supply, including —

(i)

requiring a warning label that is intended to inform the general public of the danger of a link between consuming a target food and the non‑communicable disease of public health interest; and

(ii)

prescribing the form of the warning required under sub‑paragraph (i), including (but not limited to) its size and colour, or the size, colour and font type of the warning, or the size, colour and font type of the content, and how it is displayed;

(f)

require the placement or display (including in a menu) at food premises in connection with the sale of food at those premises, of prescribed dietary and nutritional information about the food;

(g)

restrict or prohibit the medium or way food is advertised or sponsored or is promoted for sale, including requiring or prohibiting advertising in relation to the food at specified times or at specified premises;

(h)

create offences for a contravention of any provision of the regulations, the penalty for which on conviction may be a fine not exceeding $10,000 or imprisonment for a term not exceeding 6 months or both;

(i)

specify the Part 9 offences that may be compounded; and

(j)

provide for any saving, transitional and other consequential, incidental and supplemental provisions that are necessary or expedient.

(3)

Regulations made under this section may apply —

(a)

in respect of all food businesses or particular categories of food businesses, whether or not the food business is licensable;

(b)

in respect of all food premises or particular categories of food premises;

(c)

in respect of all persons who engage in conduct to promote the sale of food or particular categories of such persons;

(d)

in respect of all advertising or particular media, content or nature of advertising;

(e)

in respect of all foods or particular categories of food;

(f)

in respect of all methods of supply of any food mentioned in paragraph (e) or particular methods of supply of that food; or

(g)

in respect of the population generally or particular communities in the population.

Clause 175

Part 9 enforcement officers

(1)

The Director‑General of Health may, in relation to —

(a)

any provision of this Part or Part 13;

(b)

any Part 9 Regulations; or

(c)

any provision in Part 10 involving any Part 9 Regulations,appoint any individual in subsection (2) as a Part 9 enforcement officer for the purpose of that provision and in relation to one or more Part 9 offences.

(2)

Any of the following individuals may be appointed under subsection (1) as a Part 9 enforcement officer if he or she is suitably trained to properly exercise the powers of a Part 9 enforcement officer:

(a)

a public officer;

(b)

an employee or officer of a public authority;

(c)

any auxiliary police officer.

(3)

The Director‑General of Health may, for any reason that appears to the Director‑General of Health to be sufficient, at any time revoke an individual’s appointment under subsection (1) as a Part 9 enforcement officer.

(4)

The Director‑General of Health must issue to each Part 9 enforcement officer an identification card (in physical or digital form) which must be carried at all times by the Part 9 enforcement officer when the Part 9 enforcement officer is exercising any power under any provision of Part 13 in relation to a Part 9 offence.

(5)

Every Part 9 enforcement officer whose appointment as such ceases must return without delay to the Director‑General of Health any identification card issued to him or her under subsection (4).

(6)

A former Part 9 enforcement officer who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

(7)

In the case of an identification card issued in a digital form, a former Part 9 enforcement officer is taken to comply with subsection (5) only after he or she removes the digital identification card from each mobile communication device or other electronic device in his or her possession on which the digital identification card is capable of being displayed.

Clause 176

Remedial notices

(1)

This section applies if a Part 9 enforcement officer reasonably believes —

(a)

a person —

(i)

is contravening a provision of any Part 9 Regulations; or

(ii)

has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;

(b)

a matter relating to the contravention can be remedied; and

(c)

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:

(a)

that the Part 9 enforcement officer reasonably believes the person the notice is addressed to —

(i)

is contravening a provision of any Part 9 Regulations; or

(ii)

has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;

(b)

the provision the Part 9 enforcement officer believes is being, or has been, contravened (called the relevant provision);

(c)

briefly, how it is believed the relevant provision is being, or has been, contravened;

(d)

the period in which the person must remedy the contravention or have the contravention remedied;

(e)

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 —

(a)

where the person is an individual — to a fine not exceeding $5,000; or

(b)

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.

Clause 177

Definitions for Part 10

(1)

an individual physically present in Singapore when he or she publishes, or causes or authorises the publishing, in Singapore of the advertisement;

(b)

an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated, under any written law, when the entity publishes, or causes or authorises the publishing, in Singapore of the advertisement; or

(c)

a corporation sole or corporation aggregate established under a private Act when it publishes, or causes or authorises the publishing, in Singapore of the advertisement.

Clause 178

Meaning of “falsely describe” in relation to food

For the purposes of this Part, food that is falsely described includes food to which any one or more of the following paragraphs apply:

(a)

the food is represented as being of a particular composition or nature for which there is an applicable standard and the food does not comply with that standard;

(b)

any content used on the packaging or in the labelling in or with which the food is packed, labelled or offered for supply would create a false impression as to the composition, effect, nature or origin of the food, in the mind of a reasonable person;

(c)

the food is not of the composition, effect, nature or origin represented by the manner in which the food is advertised, packed, labelled or offered for supply;

(d)

the description of the food conceals the fact that the food is unsafe or unsuitable.

Clause 179

Misleading or deceptive conduct in the course of food business

(1)

A person commits an offence if the person, in the course of carrying on a food business, engages in conduct that is misleading or deceptive or is likely to mislead or deceive, in relation to —

(a)

the packaging or labelling of food intended for supply; or

(b)

the supply of food.IllustrationMaking a false or misleading representation about a particular food that purports to be a testimonial by any person relating to the food offered for supply.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under subsection (1); or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.

(4)

For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

(5)

This section does not apply to publication in Singapore of an advertisement relating to food.

(6)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4)

In subsection (3), “repeat offender”, in relation to an offence under subsection (1) or (2), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —

(i)

under that same subsection as the current offence; or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.

(5)

it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food is falsely described, or that the warranty is false, as the case may be; but(b)it is a defence to the charge for the person charged to prove, on a balance of probabilities, that the person charged —

(i)

did not know and could not reasonably have been expected to know, that the food was falsely described when supplied; or

(ii)

when giving the warranty, had reason to believe that the assertions or statements contained in the warranty were true.

Clause 182

Meat substitution

(1)

A person must not, during the slaughter of animals to produce meat or meat products or during meat processing, do something to the meat —

(a)

with the intention of deceiving someone else about the species of animal the meat is from; or

(b)

that the person knows, or ought reasonably to know, is likely to result in someone else being deceived about the species of animal the meat is from.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

For the purposes of this section, it is immaterial whether the meat concerned is safe.

Clause 183

Mislabelling food for supply

(1)

A person commits an offence if the person labels, or causes to be labelled, any food in connection with —

(a)

the supply or possible supply of the food in the course of carrying on a food business; or

(b)

the promotion of the supply or use of the food in the course of carrying on a food business,in a way that —

(c)

contains any content which is prohibited by any relevant regulations for that food;

(d)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(e)

contains content in a form contrary to any relevant regulations as they apply in relation to that food.

(2)

A person commits an offence if the person supplies, in the course of carrying on a food business, any food that —

(a)

is labelled in a way that —

(i)

contains any content which is prohibited by any relevant regulations for that food;

(ii)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(iii)

contains content in a form contrary to any relevant regulations as they apply in relation to that food; or

(b)

does not bear any label where such a label is required by any relevant regulations in relation to that food.

(3)

In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the label —

(a)

contains any content which is prohibited by any relevant regulations for that food;

(b)

does not contain any content which is required by any relevant regulations to be used in relation to that food; or

(c)

contains content in a form contrary to any relevant regulations as they apply in relation to that food.

(4)

In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food does not bear any label where such a label is required by any relevant regulations in relation to that food.

(5)

A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

Clause 184

Offences involving non-compliant advertising

(1)

A person commits an offence if —

(a)

the person publishes, or causes or authorises to be published, in Singapore any advertisement about a food or a regulated food contact article;

(b)

the advertisement contains any content that —

(i)

contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or

(ii)

is or contains a false description of the food, or is false as to the suitability of the regulated food contact article; and

(c)

the advertising of the advertisement is Singapore‑linked.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

For the purposes of this section, it is immaterial whether the food concerned is safe.

Clause 186

General defence of due diligence

(1)

In a prosecution of a person for an offence under section 179, 180, 181, 182 or 183, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the commission of the offence was due to —

(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2)

In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —

(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3)

Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

Clause 187

Defence in respect of food for export

(1)

In a prosecution of a person for an offence under section 183 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the food in question is to be exported to another country; and

(b)

the food complies with the laws (if any) in force at the time of the alleged offence, of the country to which the food is to be exported, being laws that deal with the same subject matter as the provision of this Act is concerned.

(2)

This section does not apply to food that was originally intended for export but was supplied in Singapore.

Clause 188

had previously been informed in writing by the Agency or a Part 9 enforcement officer that publishing the advertisement or a similar advertisement in Singapore would constitute an offence under this Part;

(b)

ought reasonably to have known that the publishing of the advertisement in Singapore was an offence under this Part; or

(c)

the knowledge, skill, health and hygiene requirements for the people involved in producing the animal feed;

(b)

the details of the animal feed produced and the feed production processes involved;

(c)

the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the production of the animal feed:

(i)

the premises (including layout, fittings and fixtures) at which animal feed is produced;

(ii)

the plant or equipment used to produce animal feed;

(iii)

the conveyances used to transport animal feed;

(d)

the systematic identification of the potential hazards that may be reasonably expected to occur in each operation that is to be, or that is being, carried out in the course of producing the animal feed;

(e)

how and where each hazard identified under paragraph (d) can be controlled and the means of control;

(f)

the systematic monitoring of those controls in paragraph (e), and the appropriate corrective action when each hazard identified under paragraph (d) is found not to be under control;

(g)

the procedures and practices established by the licensee so as to monitor and ensure the compliance by the animal feed production licensee, and the employees or workers of the licensee, with —

(i)

the requirements of this Act with respect to the licensee’s production of animal feed;

(ii)

any applicable standard as is applicable to the licensee’s production of animal feed;

(iii)

the conditions of the animal feed production licence, if granted; and

(iv)

the accepted feed control plan;

(h)

the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted feed control plan has been complied with;

Definition

“keep”, in relation to a plant pesticide, means —

(a)

have possession or be in control of the plant pesticide, such as (but not limited to) keeping within any container owned or in the care, control or management of, the person so keeping;

(b)

have the plant pesticide in the control or management of another person, including storing it with that other person; or

(c)

drive or otherwise operate (even by remote control) any conveyance conveying or otherwise carrying the plant pesticide,and includes exhibit;

Definition

“meets the labelling criteria”, for a plant pesticide product, has the meaning given by section 207;

Definition

“non‑target plant”, in relation to the use of a plant pesticide product, means any plant that is not specified on the approved label for or in the application for registration of the product as being a plant in respect of which the product may be used;

Definition

“pest”, in relation to a plant, means any invertebrate, plant or other living thing (other than a human) that injuriously affects or is capable of injuriously affecting the physical condition, worth or utility of the firstmentioned plant;

Definition

“prescribed pesticide work” means the carrying out of any of the following kinds of activities in such circumstances, or by such means, as may be prescribed (if any) by the pesticide control regulations:

(a)

the supply or use of plant pesticides for a fee or reward;

(b)

the piloting or use of aircraft in connection with the supply or use of plant pesticides (whether or not for a fee or reward);

(c)

the carrying on of a business involving any of the activities referred to in paragraph (a) or (b), including the employment or engagement of individuals to carry out any of those activities for that business;

Definition

“produce”, as a verb in relation to any animal feed, includes all or any of the following:

(a)

the breeding or rearing of animals for the purpose of feeding them directly to any food producing animal;

(b)

the hydrolysing, heating, mixing or blending together of any substances to make the animal feed for sale;

(c)

the storing, packing or labelling of unpackaged animal feed for sale;

Definition

“registered”, in relation to a plant pesticide product, means registered or deemed registered under this Part but not when the registration of the plant pesticide product is not in force;

Definition

“relevant instruction”, for a plant pesticide product, means an instruction that relates to any of the following matters:

(a)

any restriction (however expressed) as to the use of the plant pesticide product (for example, a direction not to use the product for any purpose, or in any manner, contrary to the approved label unless authorised by written law);

(b)

the situation in which the use of the plant pesticide product is permitted (for example, the type of crop);

(c)

the pest to be controlled by the plant pesticide product;

(d)

the rate, concentration, frequency or timing, number, volume, or other similar limitation, in respect of which the plant pesticide product may or may not be used;

(e)

the equipment by means of which the plant pesticide product may be used;

(f)

the preparation and mixing of the plant pesticide product;

(g)

withholding periods;

(h)

any restraints on the use of the plant pesticide product (for example, weather conditions, entry to treated areas, distance restrictions);

(i)

the protection of livestock, crops, wildlife or non‑target plants;

(j)

the protection of the environment;

(k)

avoidance of spray drift or vapour movement;

(l)

storing or disposal of the plant pesticide product;

(m)

safety directions and other human‑health related matters;

(n)

expiry dates or dates in which use is permitted;

(o)

any other matter that may be prescribed by the pesticide control regulations;

Definition

“residue”, in relation to an active constituent for a proposed or existing plant pesticide product, or in relation to a plant pesticide product, means any remains, persisting in or on any particular premises (including a plant, crop or pasture in those premises in relation to which the product was used), of —

(a)

the active constituent, or the active constituents in the plant pesticide product; or

(b)

any derivatives, metabolites, or degradation products, of the active constituent or of the active constituents in the plant pesticide product;

Definition

“withholding period”, in relation to the use of a plant pesticide product, means the minimum period that needs to elapse between —

(a)

the last use of the product in relation to a crop; and

(b)

the harvesting or cutting of the crop,in order to ensure that the residues from the plant pesticide product fall to or below the maximum limit that the pesticide control regulations permit.

(2)

the cultivation of —

(i)

any plant which is not an edible plant;

(ii)

any edible plant which is not for supply, such as for domestic and home gardening; or

(iii)

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

(b)

the raising or producing of an animal.

Clause 191

Application of Division 4 of Part 14 (general licensing procedures)

(1)

Division 4 of Part 14 applies to every application for an animal feed production licence, and to every animal feed production licence granted under this Part, subject to the modifications in this Part.

(2)

In addition, every application for an animal feed production licence must be accompanied by a feed control plan.

(3)

The Agency may require an applicant for an animal feed production licence to amend and re-submit a feed control plan, for the purpose of assessing the application by the applicant.

Clause 192

Criteria for grant, etc., of animal feed production licence

(1)

This section applies where the Agency is deciding any of the following:

(a)

whether an applicant should be granted an animal feed production licence;

(b)

the conditions to impose on an animal feed production licence;

(c)

whether to modify any condition of an animal feed production licence.

(2)

When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:

(a)

whether the applicant or animal feed production licensee, or an associate of the applicant or animal feed production licensee, is or was disqualified by section 298 from holding an animal feed production licence;

(b)

whether the applicant or animal feed production licensee is a suitable person to be involved in the management or operation of the production of animal feed which is the subject of the application;

(c)

whether regulatory action under section 196 has been or is being taken or is contemplated against the applicant or animal feed production licensee;

(d)

any available information as to whether or not the applicant or animal feed production licensee has been convicted or found guilty of any relevant offence within the meaning of section 196(3) (whether or not the offence was committed before, on or after the commencement of this section);

(e)

whether there are other grounds for considering that the applicant or animal feed production licensee is likely in the future to fail to comply with any provision of this Act in connection with the production of animal feed to be authorised or authorised by the licence;

(f)

whether the premises at which the production of animal feed is or is to be carried on are fit to be used for that type of activity;

(g)

whether the written permission or authorisation required by the Planning Act 1998 for the use of the premises for the production of animal feed has been granted or deemed granted;

(h)

whether the applicant or animal feed production licensee has, and will keep and maintain, an accepted feed control plan relating to the applicant’s or licensee’s production of animal feed;

(i)

the applicant’s or animal feed production licensee’s compliance history with Part 2, where applicable;

(j)

whether and how the applicant or animal feed production licensee prepares to deal with any disruptive event occurring;

(k)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted an animal feed production licence.

(3)

Subsection (2) applies to an applicant or animal feed production licensee which is an entity with the following modifications:

(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b) and (c) of that subsection must be read as if they refer to the entity and its officers.

(4)

For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular animal feed production licence that is the subject of an application for an animal feed production licence, the Agency must have regard to all of the following matters:

(a)

the person’s compliance history with all of the following so far as that relates to the production of animal feed in the course of a business:

(i)

the provisions of this Act and any predecessor law about standards and requirements to ensure animal feed which is fit for purpose;

(ii)

the conditions of any animal feed production licence granted to the person;

(iii)

the provisions of any code of practice applicable to the person;

(iv)

a Part 7 direction;

(b)

the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving animal feed which is fit for purpose when producing animal feed.

(5)

To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(6)

In this section, “predecessor law” means the Feeding Stuffs Act 1965 as in force before it is first amended by this Act.

Clause 193

Conditions of animal feed production licence

(1)

Without limiting section 294, in granting an animal feed production licence to any person, the Agency may impose conditions requiring the animal feed production licensee —

(a)

to meet all the applicable standards prescribed in the animal feed regulations, or specified in the licence in so far as the standards are not prescribed, for —

(i)

the maintenance, cleanliness and sanitation of the premises where animal feed is produced; and

(ii)

the hygiene of individuals at work in those premises;

(b)

to establish and maintain, and undertake production of animal feed, in accordance with an accepted feed control plan;

(c)

to comply with procedures prescribed in the animal feed regulations to achieve the fitness for purpose of the animal feed produced, including document control and recording;

(d)

to prepare itself for the following ends:

(i)

to deal with any disruptive event occurring;

(ii)

to prevent any intentional engaging in conduct, by any individual, so as to jeopardise the fitness for purpose of animal feed which is produced at the premises occupied by the animal feed production licensee, including any attempt to do so,by establishing and maintaining procedures and plans directed to those ends, and conducting simulations or other tests of those procedures and plans (where necessary) to give effect to those procedures and plans; and

(e)

to furnish or further furnish a performance bond, guarantee or any other form of security of such amount and on such terms and conditions that the Agency considers appropriate.

(2)

In particular, in granting an animal feed production licence, the Agency may impose conditions requiring the animal feed production licensee concerned to label packages of animal feed produced by the animal feed production licensee as specified by the Agency in the particular case.

Clause 194

Validity of animal feed production licence

(1)

Every animal feed production licence granted under this Part is to be in the form that the Agency determines.

(2)

Every animal feed production licence granted under this Part is in force for the period (not exceeding 5 years) specified in the licence —

(a)

except when it is wholly suspended under section 196(2); or

(b)

unless it is earlier revoked under section 196(1).

Clause 195

Modifying conditions of animal feed production licence

Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of an animal feed production licence without compensating the animal feed production licensee concerned.

Clause 196

Regulatory action concerning animal feed production licence

(1)

Subject to Division 4 of Part 14, if the Agency is satisfied that —

(a)

an animal feed production licensee is contravening or not complying with, or has contravened or failed to comply with —

(i)

any of the conditions of its animal feed production licence;

(ii)

any provision of this Act applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;

(iv)

any direction given to the animal feed production licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 200 applicable to the animal feed production licensee;

(b)

an animal feed production licensee has ceased to produce animal feed in the course of a business;

(c)

an animal feed production licensee, or any officer of an animal feed production licensee, is convicted of a relevant offence committed during the term of the animal feed production licence or an immediately prior animal feed production licence;

(d)

there is or has been a serious failure of the operations of an animal feed production licensee, or there are or have been other matters, that cast doubt on the fitness for purpose of the animal feed produced by the licensee;

(e)

an animal feed production licence had been obtained by an animal feed production licensee by fraud or misrepresentation; or

(f)

the public interest of Singapore so requires,the Agency may revoke (without any compensation) the animal feed production licence of the animal feed production licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the animal feed production licensee under this Act.

(2)

However, the Agency may, in lieu of revoking under subsection (1) the animal feed production licence of an animal feed production licensee, do (without any compensation) one or more of the following:

(a)

censure the animal feed production licensee in writing;

(b)

direct the animal feed production licensee to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the animal feed production licence for not more than 6 months;

(d)

modify any condition of the animal feed production licence;

(e)

direct the animal feed production licensee to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the animal feed production licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:

(i)

to secure compliance by the animal feed production licensee with any condition of the animal feed production licence;

(ii)

to secure compliance by the animal feed production licensee with any code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the animal feed production licensee.

(3)

In this section, “relevant offence” means any of the following offences:

(a)

an offence under section 202 or 203;

(b)

an offence under section 139, 140, 256 or 257 in relation to production of animal feed by the animal feed production licensee concerned;

(c)

an offence under a repealed law which is prescribed in the animal feed regulations, being an offence corresponding to any offence in paragraph (a).

(4)

Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).

Clause 197

Post-revocation of licence directions

(1)

Where the animal feed production licence of an animal feed production licensee is revoked under section 196(1), the Agency may direct as follows:

(a)

direct that any animal feed produced under any of the operations of the former animal feed production licensee affected by the revocation must not be sold by that former licensee;

(b)

direct the former animal feed production licensee to take appropriate action to destroy or otherwise dispose of or deal with the affected animal feed.

(2)

A person to whom a direction is given under subsection (1) commits an offence if the person fails to comply with the direction, and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4)

Subsection (2) does not apply if the person has a reasonable excuse.

Clause 198

Application of this Subdivision

This Subdivision applies only to an animal feed production licensee in respect of the production of animal feed by the animal feed production licensee, even if the animal feed is not supplied or is for export or exported.

Clause 199

Information animal feed production licensee must keep or have ready access to

(1)

Every animal feed production licensee must keep, or have ready access to, the information described in subsection (2) for no shorter than the prescribed period after the date that the animal feed is produced by the animal feed production licensee.

(2)

The information is —

(a)

the prescribed identity particulars and prescribed contact details of the person to whom the animal feed was supplied or exported by the animal feed production licensee, if supplied or exported;

(b)

the prescribed identity particulars and prescribed contact details of —

(i)

the producer of the animal feed; or

(ii)

the person from whom the animal feed production licensee acquired the animal feed;

(c)

a description of the identity of the animal feed by commodity, brand (if any) and lot (if any); and

(d)

any other information that is prescribed.

(3)

An animal feed production licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(4)

Strict liability applies to the offence in subsection (3).

(5)

In this section, “prescribed” means prescribed by any regulations made under Part 15.

Clause 200

Identification, location and tracing of animal feed

(1)

An animal feed production licensee must have procedures for —

(a)

identifying and locating animal feed produced, supplied or exported by the animal feed production licensee; and

(b)

tracing animal feed so that the animal feed can be traced —

(i)

from the supplier of the animal feed to the animal feed production licensee;

(ii)

while the animal feed is under the animal feed production licensee’s control; and

(iii)

from the animal feed production licensee to the next person to whom responsibility for the animal feed has passed.

(2)

An animal feed production licensee must ensure that animal feed is identified, located and traced in accordance with those procedures.

(3)

within 24 hours after the request, or within any reasonable shorter period specified by the authorised officer or food inspector, as the case may be.

(2)

Where any information which is required by subsection (1) to be given to an authorised officer or a food inspector is not given or is not given within the time delimited under subsection (1)(b), then the animal feed production licensee requested to give the information shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3)

Subsection (2) does not apply if the person required to give the information has a reasonable excuse.

(4)

The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.

Clause 202

Unauthorised production of animal feed

(1)

A person commits an offence if —

(a)

the person produces in Singapore in the course of a business any animal feed; and

(b)

the person is not one of the following:

(i)

a holder of a current animal feed production licence;

(ii)

a person exempt from this section under section 320 or 321 in relation to producing animal feed.

(2)

A person commits an offence if the person produces in Singapore in the course of a business any animal feed at or on any premises that is not specified in an animal feed production licence granted to the person.

(3)

A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 8 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $20,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $40,000.

(4)

In subsection (3), “repeat offender”, in relation to an offence under subsection (1) or (2), means a person who —

(a)

Producing animal feed that is not fit for purpose — strict liability

(1)

A person commits an offence if the person produces in Singapore any animal feed that is not fit for purpose.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3)

Strict liability applies to the offence in subsection (1).

Clause 205

Registration of plant pesticide products

(1)

An application to register a plant pesticide product must —

(a)

be in the form and manner the Agency specifies;

(b)

be accompanied by an application fee, if prescribed;

(c)

contain —

(i)

an address in Singapore at which notices and other documents under this Act for the applicant may be served; or

(ii)

the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; and

(d)

be accompanied by the information prescribed in the pesticide control regulations, and any other additional information that the Agency requires to decide on the application.

(2)

Upon receiving an application under subsection (1), the Agency may —

(a)

upon receiving a registration fee (if prescribed in the pesticide control regulations) —

(i)

register the plant pesticide product; and

(ii)

approve a label for the plant pesticide product which meets the labelling criteria; or

(b)

refuse to register the plant pesticide product.

(3)

how the product should be used;

(c)

the frequency of the use of the product;

(d)

the withholding period after the use of the product;

(e)

the re‑entry period after the use of the product;

(f)

the disposal of the product when it is no longer required;

(g)

the disposal of containers of the product;

(h)

the safe handling of the product and first aid in the event of an accident caused by the handling of the product;

(i)

any matters prescribed by the pesticide control regulations.

(2)

For the purposes of being satisfied as to whether a label meets the labelling criteria, the Agency must have regard to all of the following:

(a)

any conditions to which its approval is, or would be, subject;

(b)

whether the label conforms, or would conform, to any standard made for the label under the pesticide control regulations to the extent that the standard relates to matters covered by subsection (1);

(c)

any matters prescribed by the pesticide control regulations.

(3)

In this section —

Definition

“adequate”, in relation to instructions on a label for containers of a plant pesticide product, means adequate to ensure, as far as reasonably practicable, that an active constituent of the plant pesticide product or the plant pesticide product meets all the following safety criteria:

(a)

it is not, or would not be, an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues;

(b)

it is not, or would not be, likely to have an effect that is harmful to human beings;

Definition

“re‑entry period”, in relation to the use of a plant pesticide product in a particular premises (including a use of the product in relation to a crop or pasture in the premises), means the period after that use during which it is unsafe for an individual to enter those premises without wearing appropriate protective clothing or equipment, or both.

Clause 208

Validity of registration and approved label

(1)

The registration of a plant pesticide product under this Act remains in force for the period prescribed in the pesticide control regulations and for so long as the registration is not cancelled or wholly suspended under section 209.

(2)

A label for a registered plant pesticide product ceases to be an approved label when the registration of the product is cancelled or whenever that registration is wholly suspended under section 209(2).

Clause 209

Cancellation or suspension of registration

(1)

The Agency may cancel the registration of a plant pesticide product if —

(a)

the person who applied to register the registered plant pesticide product (called the registrant) applies for the registration of the product to be cancelled;

(b)

the registrant is convicted of an offence under section 220;

(c)

the Agency is reasonably satisfied that it is necessary to stop the use of the plant pesticide product —

(i)

in the interest of public health; or

(ii)

because of or to prevent any physical harm or further physical harm, or any risk or further risk of physical harm, to the environment;

(d)

the Agency becomes aware of a circumstance that would have required or permitted the Agency to refuse to register the plant pesticide product, had the Agency been aware of the circumstance immediately before registering the product;

(e)

the supply or use in Singapore of the plant pesticide product has stopped for a continuous period exceeding 12 months; or

(f)

the use of the plant pesticide product is being or has been advertised in Singapore by a registrant in a manner that is false, misleading or deceptive.

(2)

However, the Agency may, in lieu of cancelling under subsection (1) the registration of a plant pesticide product, suspend the registration of that product for not more than 6 months.

(3)

Before exercising any powers under subsection (1) or (2) on any ground except subsection (1)(a), the Agency must give written notice to the registrant —

(a)

Clause 211

Criteria for appointment

(1)

This section applies where the Agency is deciding any of the following:

(a)

whether an applicant should be appointed as a certified pesticide operator;

(b)

the conditions to impose upon appointment as a certified pesticide operator;

(c)

whether to modify any condition of an appointment as a certified pesticide operator.

(2)

When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:

(a)

whether the applicant —

(i)

possesses the qualifications and practical experience prescribed in the pesticide control regulations; and

(ii)

is a suitable individual to be a certified pesticide operator;

(b)

the applicant’s compliance history with any of the following so far as that relates to the applicant carrying out any prescribed pesticide work to which the applicant’s application relates:

(i)

the conditions of any appointment or previous appointment as a certified pesticide operator;

(ii)

any provision of this Act applicable to the applicant;

(iii)

any provision of a code of practice applicable to the applicant;

(c)

whether regulatory action under section 213 has been or is being taken or is contemplated against the applicant;

(d)

any available information as to whether or not the applicant has been convicted or found guilty of any relevant offence within the meaning of section 213(3);

(e)

whether it is otherwise not in the public interest of Singapore for the applicant to be or continue to be a certified pesticide operator.

(3)

To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

Clause 212

Tenure of appointment

(1)

Every appointment as a certified pesticide operator under this Subdivision is in force for the period specified in the appointment —

(a)

except when it is suspended under section 213(2); and

(b)

unless it is earlier cancelled under section 213(1).

(2)

The period specified in any appointment under this Subdivision must not exceed 3 years.

Clause 213

Regulatory action concerning certified pesticide operator

(1)

Subject to Division 4 of Part 14, if the Agency is satisfied that —

(a)

a certified pesticide operator is convicted of a relevant offence committed during the term of his or her appointment;

(b)

a certified pesticide operator is contravening or not complying with, or has contravened or failed to comply with —

(i)

any of the conditions of his or her appointment;

(ii)

any provision of this Act applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work; or

(iv)

any direction given to the certified pesticide operator under subsection (2)(b);

(c)

a certified pesticide operator is carrying out, or causing or permitting to be carried out, any prescribed pesticide work in a careless, incompetent or unsafe manner; or

(d)

the appointment of a certified pesticide operator had been obtained by fraud or misrepresentation,the Agency may cancel (without any compensation) the appointment of the certified pesticide operator.

(2)

However, the Agency may, in lieu of cancelling under subsection (1) the appointment of a certified pesticide operator, do (without any compensation) one or more of the following:

(a)

censure the certified pesticide operator in writing;

(b)

direct the certified pesticide operator to do, or to refrain from doing, any thing that is specified in a direction, which may include any of the following:

(i)

completing any course, training, assessment, examination or test on prescribed pesticide work as the Agency may require;

(ii)

rectifying any contravention or non‑compliance mentioned in subsection (1)(b);

(c)

suspend the appointment for not more than 6 months;

(d)

modify any condition of the appointment.

(3)

In this section, “relevant offence” means any of the following:

(a)

an offence under section 214, 215, 217, 219 or 220;

(b)

an offence under section 256 or 257 in relation to any prescribed pesticide work.

Clause 214

Unauthorised individual carrying on prescribed pesticide work

(1)

An individual commits an offence if —

(a)

the individual carries on, or causes or permits to be carried on, any prescribed pesticide work for reward; and

(b)

the individual —

(i)

is not a certified pesticide operator authorised to carry out that kind of prescribed pesticide work;

(ii)

is not doing so under the direction or supervision of a certified pesticide operator authorised to carry out that kind of prescribed pesticide work; and

(iii)

is not exempt under section 320 or 321 from this section.

(2)

An individual who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)

In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means an individual who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the individual is convicted or found guilty of the current offence, of an offence under subsection (1).

Clause 215

Unregistered plant pesticide use

(1)

A person commits an offence if —

(a)

the person intentionally uses, or causes or permits the use of, any plant pesticide in —

(i)

the cultivation of any edible plant; or

(ii)

any place where any primary production activity is undertaken;

(b)

the plant pesticide is an unregistered plant pesticide; and

(c)

the person knows, or ought reasonably to know, that the pesticide is an unregistered plant pesticide.

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

Strict liability applies to the offence in subsection (1) except subsection (1)(a).

Clause 219

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(4)

For the purpose of this section, where anything is attached to a label, or to the container to which a label is affixed, in such a way as to obscure anything printed on the label, the label is taken to be defaced.

(5)

Clause 224

Right of appeal to Minister

(1)

A person specified in column 3 in the table below opposite an appealable decision in column 2 in the table may appeal to the Minister against the decision:ItemColumn 2Appealable decisionColumn 3Appellant1.A trigger notice given under section 23.The entity to whom the trigger notice is given.2.A refusal under section 293(1)(b) read with section 78 to grant an import licence or export licence unless the applicant is disqualified under section 298 to hold that licence.The applicant for the import licence or export licence.3.A refusal under section 293(1)(b) read with section 79 to grant an import consignment permit, an export consignment permit or a transhipment consignment permit.The applicant for the import consignment permit, export consignment permit or transhipment consignment permit.4.A decision under section 80 imposing a condition on an import licence, an export licence or a consignment permit.The holder of the import licence, export licence or consignment permit.5.A decision under section 82 modifying a condition of an import licence or an export licence.The holder of the import licence or export licence.6.A decision under section 83 to take regulatory action against a licensed importer or licensed exporter.The holder or former holder (as the case may be) of the import licence or export licence.7.A decision under section 84 to cancel an import consignment permit, an export consignment permit or a transhipment consignment permit.The licensed importer or licensed exporter who held the import consignment permit, export consignment permit or transhipment consignment permit cancelled.8.A refusal under section 293(1)(b) read with section 92 to grant a food business licence unless the applicant is disqualified under section 298 to hold that licence.The applicant for the food business licence.9.A decision under section 93 imposing a condition on a food business licence.The holder of the food business licence.10.A decision under section 95 modifying a condition of a food business licence.The holder of the food business licence.11.A decision under section 96 to take regulatory action against a food business licensee.The holder or former holder (as the case may be) of the food business licence who is the subject of the decision.12.A refusal to grant pre‑market approval under section 293.The applicant for the pre‑market approval.13.A decision under section 112 to cancel a pre‑market approval.The former holder of the pre‑market approval cancelled.14.A refusal to consent under section 113(1) to a transfer or assignment of a pre‑market approval, or any rights, benefits or privileges under the pre‑market approval.The prospective transferee and the holder of the pre‑market approval, jointly.15.A section 116 direction except an initial direction mentioned in section 116(5).A person mentioned in section 116(1) to whom the section 116 direction is given.16.A Part 7 direction except an initial Part 7 direction mentioned in section 122(4).A person mentioned in section 119 to whom the Part 7 direction is given.17.A refusal under section 293(1)(b) read with section 192 to grant an animal feed production licence unless the applicant is disqualified under section 298 to hold that licence.The applicant for the animal feed production licence.18.A decision under section 193 imposing a condition on an animal feed production licence.The animal feed production licensee.19.A decision under section 195 modifying a condition of an animal feed production licence.The animal feed production licensee.20.A decision under section 196 to take regulatory action against an animal feed production licensee.The animal feed production licensee or former animal feed production licensee (as the case may be) who is the subject of the decision.21.A decision refusing to register a plant pesticide product under section 205(2).The applicant for registration.

22. A decision under section 209 to cancel or suspend the registration of a plant pesticide product.The registrant or former registrant (as the case may be) who is the subject of the decision.23.A refusal under section 293(1)(b) read with section 211 to appoint an individual as a certified pesticide operator.The applicant to be appointed a certified pesticide operator.24.A decision under section 213 to take regulatory action against a certified pesticide operator.The certified pesticide operator or former certified pesticide operator (as the case may be) who is the subject of the decision.25.The disqualification period specified in a written order under section 298(2).The person against whom the written order is made.26.A written order made under section 298(2)(a)(ii) or (b).The person against whom the written order is made.

(2)

Any person entitled under subsection (1) to appeal to the Minister against an appealable decision by the Agency, the Director‑General or the Director‑General, Food Security is called an appellant in this Part.

Clause 225

Appeal procedure

(1)

An appeal by an appellant must —

(a)

be made in a prescribed manner;

(b)

specify the grounds on which it is made; and

(c)

be made within a prescribed period after the date of receipt of the appealable decision that is appealed against.

(2)

The Minister may reject an appeal of an appellant who fails to comply with subsection (1).

(3)

In this section, “prescribed” means prescribed in rules made under section 229.

Clause 226

Decision on appeal

(1)

It is the function and duty of the Minister to consider and determine an appeal made to the Minister under section 224.

(2)

However, the Minister is not under any duty to hear, consider or determine any appeal if it appears that the bringing of the appeal is, or the proceedings of the appeal are, frivolous or vexatious.

(3)

Subject to subsection (4), the Minister may determine an appeal made under section 224 by —

(a)

dismissing the appeal and confirming the decision appealed against;

(b)

allowing the appeal and referring the matter back to the maker of the appealable decision to reconsider the case; or

(c)

allowing the appeal and substituting or varying the decision appealed against.

(4)

Subsection (3)(c) does not apply where the decision appealed against is a Part 7 direction or a section 116 direction.

(5)

In relation to the Minister determining an appeal under this Part —

(a)

Part 2 applies as if any reference in that Part to the Director‑General, Food Security were a reference to the Minister;

(b)

the following apply as if any reference in the respective Part to the Agency or the Director‑General were a reference to the Minister:

(i)

Parts 3 and 4;

(ii)

Parts 5 and 6;

(iii)

Part 11;

(iv)

section 298; or

(c)

Part 7 applies as if any reference in that Part to the Director‑General were a reference to the Minister.

(6)

The Minister’s decision under subsection (3) is final.

(7)

Every appellant must be notified of the Minister’s decision under subsection (3).

Clause 227

Effect of appeal on appealable decision

An appeal against an appealable decision in section 224 does not affect the operation of the decision appealed against or prevent the taking of any action to implement the decision, and unless otherwise directed by the Minister under this section, the decision appealed against must be complied with until the determination of the appeal.

Clause 228

Designation of others to hear appeals

(1)

The Minister may designate any of the following office‑holders in his or her Ministry to hear and determine, in the Minister’s place, any appeal made under section 224:

(a)

the Second Minister, if any;

(b)

any Minister of State or Senior Minister of State;

(c)

any Parliamentary Secretary or Senior Parliamentary Secretary.

(2)

A reference to the Minister in section 224, 225, 226 or 227 includes a reference to a person designated under subsection (1).

Clause 229

Rules

The Minister may make rules necessary or convenient to be prescribed for carrying out or giving effect to this Part.

Clause 230

Definitions for Part 13

In this Part —“civil penalty provision”, for an entity subject to a minimum stockholding requirement in relation to an MSR product, means —

(a)

section 29(1) under which the entity is or may be liable to pay an MSR charge for contravention of the requirement in section 20(b) as it applies to that entity and MSR product; or

(b)

section 30(1) under which the entity is or may be liable to pay an MSR charge for contravention of the requirement in section 20(a) as it applies to that entity and MSR product;“enter”, in relation to premises which are a conveyance, includes boarding the conveyance so long as the conveyance remains within Singapore;“evidential material” means any of the following:

(a)

any thing with respect to which —

(i)

an offence under this Act has been committed or is suspected, on reasonable grounds, to have been committed; or

(ii)

a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened;

(b)

any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to —

(i)

the commission of any such offence; or

(ii)

the contravention of such a civil penalty provision;

(c)

any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence or contravening such a civil penalty provision;“food security officer” includes the Director‑General, Food Security;“forcible entry” means doing any of the following to gain entry or access into any premises:

(a)

breaking open any outer or inner door or window leading to the premises;

(b)

removing by force any obstruction to the entry or search of the premises;

(c)

forcibly entering the premises;“individual in control”, in relation to a conveyance, means —

(a)

a pilot‑in‑command of an aircraft;

(b)

a master of a train;

(c)

a master of a vessel;

(d)

a driver or rider of a motor vehicle;

(e)

an individual reasonably believed to be involved in operating an unmanned aircraft, unmanned vessel or driverless motor vehicle; or

(f)

a rider of a bicycle or other pedal cycle that is built to be propelled solely by human power and is constructed or adapted for use on roads or public paths;“investigating power” means a power mentioned in section 246;“investigator”, in relation to any provision of Division 3, 4 or 5, means —

(a)

a food security officer who is appointed under this Act as a food security officer for the purposes of that provision;

(b)

an authorised officer who is appointed under this Act as an authorised officer for the purposes of that provision;

(c)

a food inspector who is appointed under this Act as a food inspector for the purposes of that provision; or

(d)

a Part 9 enforcement officer who is appointed under this Act as a Part 9 enforcement officer for the purposes of that provision;“licensable activity” means any of the following:

(a)

the import, export or transhipment of a controlled item for which a licence and a permit under Part 3 is required;

(b)

the carrying on of a type of licensable food business;

(c)

the production of animal feed for which an animal feed production licence is required under Part 11;

(d)

the carrying out of prescribed pesticide work;“monitoring power” means a power mentioned in section 234;“Part 9 offence” has the meaning given by section 172;“regulated activity” means any of the following, whether or not it is also a licensable activity:

(a)

the undertaking of any primary production activity;

(b)

the carrying on of a food business;

(c)

the handling of food intended for supply;

(d)

the carrying out of any work as a food worker in the course of the operation of a food business;

(e)

the production of animal feed;

(f)

the carrying out of prescribed pesticide work;

(g)

the provision of non‑packaged drinking water, whether or not as a drinking water producer providing a drinking water service;“relevant material” means any of the following:

(a)

any primary produce;

(b)

any food;

(c)

any animal feed;

(d)

any regulated food contact article;

(e)

any plant pesticide;

(f)

any MSR product that is not in paragraphs (a), (b), (c), (d) and (e);

(g)

any non‑packaged drinking water;“seized item” means any relevant material or other thing seized under section 250.

Definition

“civil penalty provision”, for an entity subject to a minimum stockholding requirement in relation to an MSR product, means —

(a)

section 29(1) under which the entity is or may be liable to pay an MSR charge for contravention of the requirement in section 20(b) as it applies to that entity and MSR product; or

(b)

section 30(1) under which the entity is or may be liable to pay an MSR charge for contravention of the requirement in section 20(a) as it applies to that entity and MSR product;

Definition

“enter”, in relation to premises which are a conveyance, includes boarding the conveyance so long as the conveyance remains within Singapore;

Definition

“evidential material” means any of the following:

(a)

any thing with respect to which —

(i)

an offence under this Act has been committed or is suspected, on reasonable grounds, to have been committed; or

(ii)

a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened;

(b)

any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to —

(i)

the commission of any such offence; or

(ii)

the contravention of such a civil penalty provision;

(c)

any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence or contravening such a civil penalty provision;

Definition

“food security officer” includes the Director‑General, Food Security;

Definition

“forcible entry” means doing any of the following to gain entry or access into any premises:

(a)

breaking open any outer or inner door or window leading to the premises;

(b)

removing by force any obstruction to the entry or search of the premises;

(c)

forcibly entering the premises;

Definition

“individual in control”, in relation to a conveyance, means —

(a)

a pilot‑in‑command of an aircraft;

(b)

a master of a train;

(c)

“monitoring power” means a power mentioned in section 234;

Definition

“Part 9 offence” has the meaning given by section 172;

Definition

“regulated activity” means any of the following, whether or not it is also a licensable activity:

(a)

the undertaking of any primary production activity;

(b)

the carrying on of a food business;

(c)

the handling of food intended for supply;

(d)

the carrying out of any work as a food worker in the course of the operation of a food business;

(e)

the production of animal feed;

(f)

the carrying out of prescribed pesticide work;

(g)

the provision of non‑packaged drinking water, whether or not as a drinking water producer providing a drinking water service;

Definition

“relevant material” means any of the following:

(a)

any primary produce;

(b)

any food;

(c)

any animal feed;

(d)

any regulated food contact article;

(e)

any plant pesticide;

(f)

any MSR product that is not in paragraphs (a), (b), (c), (d) and (e);

(g)

any non‑packaged drinking water;

Definition

“seized item” means any relevant material or other thing seized under section 250.

Clause 231

Saving for other laws

Nothing in this Part affects —

(a)

a police officer’s powers or duties under any provision of the Criminal Procedure Code 2010 or other written law; or

(b)

any other power specially vested in a food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer under any other provision of this Act.

Clause 232

the power in section 236 to enter premises;

(b)

any power in section 237 after entering premises;

(c)

the powers set out in sections 238, 239, 240, 241, 242 and 243.

Clause 235

Monitoring powers: where

(1)

The premises where a monitoring power may be exercised by a food security officer are as follows:

(a)

any premises occupied or used by an entity that is subject to a minimum stockholding requirement in relation to an MSR product;

(b)

any premises occupied or used by an entity that is an agri‑food supply chain participant (but not an ultimate consumer) and is undertaking any MSR activity in relation to an MSR product;

(c)

any premises (except a private residence) occupied by an individual who is or was an officer of an entity mentioned in paragraph (a) or (b);

(d)

any premises (except a private residence) occupied by an individual who is an employee of an entity mentioned in paragraph (a) or (b);

(e)

any premises where any MSR product is held by an entity mentioned in paragraph (a) or (b).

(2)

The premises where a monitoring power may be exercised by an authorised officer or a food inspector are as follows:

(a)

any premises (except a private residence) occupied or used by a holder of an FSSA authorisation, or an applicant for an FSSA authorisation, for or in connection with a licensable activity undertaken or to be undertaken by the holder or applicant;

(b)

any premises (except a private residence) occupied by an individual who is or was an officer of a person mentioned in paragraph (a);

(c)

any premises (except a private residence) occupied by an individual who is an employee of a person mentioned in paragraph (a).

Clause 236

Power to enter premises for monitoring

(1)

A food security officer, an authorised officer or a food inspector may, at a reasonable time in the day or night, and without warrant, enter and remain at —

(a)

any of the premises mentioned in section 235(1), in the case of a food security officer; or

(b)

any of the premises mentioned in section 235(2), in the case of an authorised officer or a food inspector.

(2)

A food security officer, an authorised officer or a food inspector entering any premises —

(a)

may be accompanied by any number of police officers or other individuals that the food security officer, authorised officer or food inspector (as the case may be) considers necessary; and

(b)

may take into or onto the premises any equipment and materials that he or she requires for the purpose of exercising monitoring powers in relation to those premises.

(3)

If the owner or occupier of the premises is present when a food security officer, an authorised officer or a food inspector seeks to enter the premises under subsection (1), the food security officer, authorised officer or food inspector (as the case may be) must, before entering —

(a)

declare his or her office to the owner or occupier; and

(b)

show to the owner or occupier his or her identification card as proof of identity.

(4)

If the owner or occupier of the premises is not present when entry under subsection (1) or (2) to the premises is sought, but some other individual who appears to be in charge of the premises is present, then subsection (3) applies to that other individual as if that individual were the owner or occupier of the premises.

(5)

However, subsections (3) and (4) do not apply if the premises in question are unoccupied at the time of entry.

(6)

This section does not empower a food security officer, an authorised officer or a food inspector to exercise any power of forcible entry into any premises.

Clause 237

Powers after entering premises

(1)

After entering any premises, a food security officer, an authorised officer or a food inspector may exercise all or any of the following powers:

(a)

to observe any activity conducted in the premises;

(b)

to examine any animal, object or thing in the premises;

(c)

to inspect and examine the premises;

(d)

to make or direct the making of a sketch, photograph or film, or an audio or a video recording, of —

(i)

any part of the premises, and the immediate vicinity of those premises unless the immediate vicinity is or consists of a private residence;

(ii)

any animal, object or thing in the premises; or

(iii)

any activity conducted in or on the premises;

(e)

to do any of the following:

(i)

to open or require to be opened any door, window, lock, fastener, cupboard, compartment, box, container or any other thing;

(ii)

if the cupboard, compartment, box, container or other thing appears abandoned but is locked, to use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the cupboard, compartment, box, container or other thing so as to open it;

(f)

to interrupt any regulated activity being carried out in the premises;

(g)

to search any part of the premises;

(h)

to request to inspect, and to inspect, free of charge any document found on the premises;

(i)

to exercise any other monitoring power;

(j)

to take into or onto the premises any equipment or materials that the food security officer, authorised officer or food inspector (as the case may be) reasonably requires for the exercise of a monitoring power;

(k)

to request the occupier of the premises, or some other individual who appears to be in charge of the premises and is present, to give the food security officer, authorised officer or food inspector (as the case may be) reasonable help to exercise the officer’s or inspector’s powers under paragraphs (a) to (j).

(2)

Section 238 applies to a request made under subsection (1)(h) with the necessary modifications.

(3)

When making a request mentioned in subsection (1)(k), the food security officer, authorised officer or food inspector (as the case may be) must warn the individual requested that it is an offence to fail to comply with the request, unless the individual has a reasonable excuse.

Clause 238

Power to get documents or information

(1)

A food security officer, an authorised officer or a food inspector may require a person who is required under any provision of this Act to keep records ⸺(a)to provide for inspection any document or information to the food security officer, authorised officer or food inspector (as the case may be) within the period and in the manner specified by the officer or inspector; and

(b)

to allow an inspection and taking of extracts from, or making copies of, any such document or information, free of charge.

(2)

For the purposes of subsection (1), where any document or information is kept in electronic form, the power to inspect the document or information includes the power —

(a)

to access any computer or other equipment (including a mobile communication device) in which the document or information is stored; and

(b)

to require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access to the document or information contained or available to the computer or equipment, including assistance through the provision of any username, password, access code or other authentication information required to gain access to it.

(3)

For the purposes of subsection (1), the power to inspect any document or information includes the power to take possession of the document or any thing containing the information (but not a mobile phone or wearable device (such as a smart watch) designed or capable of being used for any communicative function) if, in the opinion of a food security officer, an authorised officer or a food inspector concerned —

(a)

the inspection or copying of or extraction from the document or thing cannot reasonably be performed without taking possession;

(b)

the document or thing may be interfered with or destroyed unless possession is taken; or

(c)

This section does not limit section 240.

Clause 240

Power to require presentation of live animals

(1)

After entering any premises, an authorised officer or a food inspector may reasonably —

(a)

require the owner or a person in control of a live food producing animal in those premises to present the animal in a manner suitable for examination and identification;

(b)

direct the owner or a person in control of a live food producing animal in those premises to hold, isolate, separate it, or to treat all or any of those live food producing animals, for any purpose in paragraph (a);

(c)

require the owner or a person in control of a live food producing animal in those premises to move or bring the animal to a convenient place within a reasonable distance of those premises, to allow the authorised officer or food inspector to exercise monitoring powers in relation to the animal, and detain the animal at that place for as long as is reasonably necessary to allow the authorised officer or food inspector to exercise those monitoring powers; or

(d)

examine and identify a live food producing animal presented, held, isolated, separated, treated, moved, brought or detained under paragraph (a), (b) or (c).

(2)

Without limiting subsection (1), an authorised officer or a food inspector may identify an animal by marking it or using any other suitable means.

(3)

If the owner or person in control of a live food producing animal fails to present the animal as required under subsection (1)(a) or to move the animal as required under subsection (1)(c), an authorised officer or a food inspector may capture, collect, muster, extract, harvest, or pen the animal for the relevant purpose.

(4)

The presentation or movement of any live food producing animal required under subsection (1)(a) or (c) is at the cost of the person to whom the requirement or direction under subsection (1) was addressed.

(5)

Any expenses reasonably incurred by an authorised officer or a food inspector in the exercise of his or her powers under subsection (3) may be recovered, as a debt due to the Agency, from the person to whom the requirement or direction under subsection (1) was addressed.

(6)

No compensation is payable in respect of any animal which is damaged or otherwise destroyed by virtue of any examination or identification under subsection (1) or any exercise of powers under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the authorised officer or food inspector.

(7)

A requirement or direction under subsection (1)(a), (b) or (c) must be in writing, or be confirmed in writing as soon as practicable after being given orally.

Clause 241

Power to take and sample

(1)

A food security officer, an authorised officer or a food inspector may do all or any of the following:

(a)

take any relevant material or a sample of any relevant material;

(b)

take a sample from any animal, or of any thing, that is or has been in contact with, or in the vicinity of, any relevant material;

(c)

for the purpose of analysis, take samples of water, soil, vegetation or any other thing that is part of the environment in which —

(i)

any licensable activity has been or is being undertaken; or

(ii)

any MSR product is held.

(2)

A food security officer, an authorised officer or a food inspector who wishes to exercise the power in subsection (1)(a), (b) or (c) by taking a sample of any relevant material that is in an unopened package, may direct —

(a)

the owner, or person who appears to be in charge, of the package or the relevant material contained in the package, to open the package; or

(b)

the owner or occupier of the premises where the unopened package is, to open the package.

(3)

A food security officer, an authorised officer or a food inspector who exercises the powers mentioned in subsection (1) or (2) must give notice to —

(a)

the owner, or person who appears to be in charge, of the package, thing, relevant material or animal, as the case may be; or

(b)

to take a swab from the animal or of any part of the animal;

(b)

to take a sample of any part of the animal; or

(c)

to take a sample of any urine, faeces, blood or other article or substance from, or which has been in contact with, the animal.

Clause 242

Power to test samples

(1)

This section applies where a food security officer, an authorised officer or a food inspector —

(a)

takes any relevant material, or takes a sample of any relevant material or thing under section 241;

(b)

takes a sample from an animal under section 241; or

(c)

acquires any relevant material from a member of the general public who has complained about the relevant material in connection with any provision of this Act.

(2)

A food security officer, an authorised officer or a food inspector may —

(a)

test the sample or swab;

(b)

arrange for the testing of the sample or swab; or

(c)

require the person notified under section 241(3) with respect to the sample or swab to —

(i)

arrange for the testing of the sample or swab; and

(ii)

provide the results to the food security officer, authorised officer or food inspector, as the case may be.

(3)

The person notified under section 241(3) with respect to the sample or swab taken or acquired is not entitled to compensation for any damage or destruction resulting from the taking or testing of a sample or swab unless the damage or destruction is directly attributable to the negligence or default of a food security officer, an authorised officer or a food inspector.

Clause 243

Powers in relation to conveyances

(1)

Where any premises in section 235 are a conveyance, a food security officer, an authorised officer or a food inspector may, without warrant —

(a)

if the conveyance is moving —

(i)

request or direct the individual in control of the conveyance to stop; and

(ii)

detain the conveyance for as long as is reasonably necessary for the food security officer, authorised officer or food inspector (as the case may be) to exercise his or her monitoring powers in relation to the conveyance; and

(b)

whether or not the conveyance is moving —

(i)

request or direct the individual in control of the conveyance to move or bring the conveyance to a convenient place within a reasonable distance to allow the food security officer, authorised officer or food inspector (as the case may be) to exercise his or her monitoring powers in relation to the conveyance; and

(ii)

detain the conveyance at that place for as long as is reasonably necessary to allow the food security officer, authorised officer or food inspector (as the case may be) to exercise those monitoring powers.

(2)

When asking or directing an individual in control of a moving conveyance to stop the conveyance or bring it to a convenient place, a food security officer, an authorised officer or a food inspector must clearly identify himself or herself as a food security officer, an authorised officer or a food inspector (as the case may be) exercising his or her powers under this Act.

(3)

In this section, “conveyance” does not include an aircraft, a train or a vessel that is not a fishing vessel.

Clause 244

Investigating powers: who can exercise

An investigating power in a provision of this Division is exercisable by any of the following appointed for the purposes of that provision (called an investigator):

(a)

a food security officer;

(b)

an authorised officer;

(c)

a food inspector;

(d)

a Part 9 enforcement officer.

Clause 245

Investigating powers: why

(1)

A food security officer may exercise an investigating power for one or more of the following purposes, only:

(a)

to inquire into anything where the food security officer suspects on reasonable grounds that —

(i)

an offence under section 28(3), 31(1), 35(3) or 36(1) or any Part 2 Rules has been or is being committed;

(ii)

an offence under section 253, 254, 255, 256 or 257 involving a food security officer has been or is being committed; or

(iii)

a contravention of a minimum stockholding requirement has occurred or is occurring and any liability to pay an MSR charge has accrued or is accruing under a civil penalty provision;

(b)

to gather evidential material relating to any offence or contravention mentioned in paragraph (a), that the food security officer suspects on reasonable grounds has been or is being committed or has occurred or is occurring, as the case may be.

(2)

An authorised officer or a food inspector may exercise an investigating power for one or more of the following purposes, only:

(a)

to inquire into anything where the authorised officer or food inspector suspects on reasonable grounds that any offence under this Act has been or is being committed, excluding any of the following:

(i)

an offence mentioned in subsection (1)(a);

(ii)

a Part 9 offence;

(iii)

an offence under Part 10 involving any Part 9 Regulations;

(b)

to gather evidential material that relates to any offence under this Act (but not an offence excluded by paragraph (a)) that the authorised officer or food inspector suspects on reasonable grounds has been or is being committed;

(c)

to determine whether there is any ground to give a section 116 direction or a Part 7 direction to any person;

(d)

to determine whether —

(i)

any food is unsafe food, unsuitable food or a defined food;

(ii)

any controlled item is failing;

(iii)

any animal feed is not fit for purpose; or

(iv)

any non‑packaged drinking water is unwholesome.

(3)

A Part 9 enforcement officer may exercise an investigating power for one or more of the following purposes, only:

(a)

to inquire into anything where the Part 9 enforcement officer suspects on reasonable grounds that any of the following has been or is being committed:

(i)

a Part 9 offence;

(ii)

an offence under Part 10 involving any Part 9 Regulations;

(b)

to gather evidential material that relates to any offence mentioned in paragraph (a) that the Part 9 enforcement officer suspects on reasonable grounds that has been or is being committed.

Clause 246

Investigating powers: what

(1)

Subject to subsection (2), the following are the investigating powers that may be exercised by an investigator in relation to premises under section 247:

(a)

any monitoring power; (b)the special powers of entry under section 248;

(c)

the powers under sections 249, 250, 251 and 252.

(2)

Where a Part 9 enforcement officer is concerned, a reference in subsection (1)(a) to a monitoring power does not include a reference to a monitoring power mentioned in section 237(1)(e)(ii) or (f), 239, 240 or 241(1)(b) or (c), 242(1)(b) or (c) or 243.

Clause 247

Investigating powers: where

(1)

The premises in relation to which a food security officer may exercise an investigating power are as follows:

(a)

any of the premises mentioned in section 235(1);

(b)

any premises occupied or used in the course of a business by a person —

(i)

who is an agri‑food supply chain participant, or is closely connected with, an agri‑food supply chain; and

(ii)

who falls within any class of persons prescribed in the Part 2 Rules for the purposes of section 32.

(2)

The premises in relation to which an authorised officer or a food inspector may exercise an investigating power are as follows:

(a)

any of the premises in section 235(2);

(b)

any premises occupied or used for or in connection with a regulated activity which has been or is being undertaken at those premises and whether or not a private residence;

(c)

any food premises, whether or not the subject of a food business licence and whether or not a private residence;

(d)

any premises adjoining or near any premises in paragraph (a), (b) or (c), subject to subsection (3).

(3)

However, an investigating power may be exercised in relation to premises mentioned in subsection (2)(d) only if the authorised officer or food inspector concerned believes on reasonable grounds —

(a)

that it is necessary to do so for the purpose of entering any other premises mentioned in subsection (2)(a), (b) or (c); or

(b)

that activities are being carried out in the premises mentioned in subsection (2)(d) in such a manner, or that the premises are in such a state or condition, that presents or is likely to present a hazard or a source of contamination that may adversely affect any of the following in, or carried out in, the adjoining premises or nearby premises:

(i)

the safety or suitability of any food or primary produce handled or produced by a food business;

(ii)

any live food producing animal, or other thing that may become food;

(iii)

the fitness for purpose of animal feed produced or being produced.

(4)

The premises in relation to which a Part 9 enforcement officer may exercise an investigating power are —

(a)

any food premises that is not a private residence; or

(b)

any other premises (except a private residence) where food is supplied or is to be supplied or from which food is supplied or is to be supplied.

Clause 248

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any unregistered plant pesticide;

(b)

the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;

(c)

the authorised officer or food inspector is reasonably satisfied that it is necessary to make a forcible entry to prevent or reduce a serious danger, or an imminent risk, of death or serious illness of any person from any relevant material in paragraph (a) being handled, used or supplied in connection with any regulated activity which has been or is being undertaken at those premises;

(d)

the premises to be entered is not a private residence.

(6)

A Part 9 enforcement officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(4) without a warrant; and section 236 applies to an entry into and remaining in any of those premises, subject to subsection (7).

(7)

Despite section 236(6), a Part 9 enforcement officer may make a forcible entry into premises mentioned in section 247(4) if all the following circumstances are met:

(a)

The individual questioned under subsection (2)(a) is bound to state truly the facts and circumstances with which the individual is acquainted concerning the case.

(6)

A statement made by any individual questioned under subsection (2)(a) must —

(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the individual.

(7)

An investigator must, if requested in writing by the individual examined under subsection (2) to give to the individual a copy of the written record made under subsection (4), provide a copy of the written record without charge within a reasonable time, subject to any conditions that the investigator may impose.

(8)

If any individual fails to attend before the investigator as required by an order under subsection (2)(a), an investigator may report the failure to a Magistrate who may issue a warrant to secure the attendance of that individual as required by the order.

(9)

Section 238 applies to an order made under subsection (2)(b) or (c) with the necessary modifications.

Clause 250

Power to seize

(1)

Upon entering premises, a food security officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to an offence or contravention mentioned in section 245(1)(a) that has been or is being committed or has occurred or is occurring.

(2)

Upon entering premises, an authorised officer or a food inspector may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to any offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or a Part 9 offence.

(3)

Upon entering premises, a Part 9 enforcement officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relevant to any of the following that has been or is being committed:

(a)

a Part 9 offence;

(b)

an offence under Part 10 involving any Part 9 Regulations.

(4)

In addition to subsection (2), an authorised officer or a food inspector may seize any relevant material or other thing described in subsection (5) if he or she reasonably believes, after making the inquiries that are reasonable in the circumstances —

(a)

that the relevant material or other thing —

(i)

has been abandoned; or

(ii)

has no apparent or readily identifiable owner;

(b)

that the seizure is necessary to prevent the relevant material or thing being used to continue, or repeat, an offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or under Part 9; or

(c)

that the relevant material or thing is decayed or putrefied or deleterious to human health.

(5)

For the purposes of subsection (4) —

(a)

the relevant material is any of the following:

(i)

any food which is unsafe food, unsuitable food or a defined food;

(ii)

any primary produce which is unsafe;

(iii)

any controlled item which is failing;

(iv)

any animal feed which is not fit for purpose;

(v)

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any unregistered plant pesticide; or

(b)

the other thing is any of the following:

(i)

a live food producing animal which is not clinically healthy and not free from signs of infectious or contagious disease;

(ii)

an animal reproductive material which was extracted or otherwise taken from a food producing animal that was not clinically healthy and not free from signs of infectious or contagious disease at the time of extraction or taking;

(iii)

a suspected hazard or the suspected source of contamination giving rise to a risk to human health.

(6)

For the purposes of this section, an authorised officer or a food inspector may reasonably believe that an entire consignment or lot of food is unsafe or unsuitable or is a defined food, or an entire consignment or lot of primary produce is unsafe, for the purpose of exercising a power in subsection (1) if the authorised officer or food inspector —

(a)

samples part of the consignment or lot;

(b)

forms the opinion that the sample is unsafe or unsuitable, or is a defined food; and

(c)

However, it is a defence in any proceedings for an offence under subsection (1) where the person charged proves, on the balance of probabilities, that the person charged used or possessed an identification card or equipment issued, or purportedly issued, under section 175(4), 281 or 282 (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.

Clause 256

Forging inspection advice, certificates, etc.

(1)

A person must not forge, or apply, knowing it to be forged, a document of the kind mentioned in subsection (2).

(2)

A document to which subsection (1) applies is any of the following:

(a)

an inspection advice;

(b)

a recognised foreign government certificate;

(c)

an FSSA authorisation;

(d)

a registration mark for a plant pesticide;

(e)

an authorised analyst’s certificate issued under section 288.

(3)

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual —

(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —

(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4)

For the purposes of this section, a person is taken to have forged a document if the person —

(a)

makes a document which is false, knowing it to be false; or

(b)

without authority, alters a genuine document in a material particular,with intent that —

(c)

the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or

(d)

another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Singapore or elsewhere.

(5)

For the purposes of this section, if a person —

(a)

makes a document which is false, knowing it to be false;

(b)

without authority, alters a genuine document in a material particular; or

(c)

with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine —

(i)

to the prejudice of another person; or (ii)with the result that another person would be induced to do or refrain from doing an act, whether in Singapore or elsewhere,the firstmentioned person is taken to have forged the document.

(6)

For the purposes of this section, a person is taken to apply a forged document if the person —

(a)

uses or deals with it;

(b)

attempts to use or deal with it; or

(c)

attempts to induce another person to use, deal with, act upon, or accept it.

(7)

In subsection (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

Clause 257

Offence of providing false information, etc.

(1)

A person commits an offence if —

(a)

the person gives any document, information or material in or in connection with —

(i)

an application (whether for that person or for another) for any FSSA authorisation;

(ii)

an appeal under Part 12; or

(iii)

a requirement or direction of an investigator under a relevant provision of this Act;

(b)

the document, information, material or statement either —

(i)

is false or misleading; or

(ii)

omits any matter or thing without which the information or material is misleading; and

(c)

the person knows, or ought reasonably to know, that the document, information, material or statement is as described in paragraph (b)(i) or (ii).

(2)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $20,000.

(3)

However, subsection (1) does not apply if the document, information, material or statement —

(a)

is not false or misleading in a material particular; or (b)did not omit any matter or thing without which the document, information, material or statement (as the case may be) is not misleading in a material particular.

(4)

In this section and section 258 —

Definition

“give”, in relation to any information or material, includes making a statement orally, in writing or any other way;

Definition

“relevant provision of this Act” means any of the following:

(a)

section 32;

(b)

section 89;

(c)

section 101;

(d)

section 127;

(e)

section 201;

(f)

section 238;

(g)

section 249;

(h)

section 252.

Clause 258

Obligation to give information

(1)

A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the person is subject to a duty of confidentiality or privacy under any prescribed written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with the requirement.

(2)

Subject to subsection (4), a requirement imposed under a relevant provision of this Act to give any information has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct.

(3)

No civil or criminal action, other than proceedings for an offence under section 256 or 257, shall lie against any person —

(a)

for answering questions, if the person had answered the questions in good faith in compliance with a requirement imposed under a relevant provision of this Act;

(b)

for giving any document, information or material to a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer, if the person had given the document, information or material in good faith and in compliance with a requirement imposed under a relevant provision of this Act; or

(c)

for doing or omitting to do any act, if the person had done or omitted to do the act in good faith and as a result of complying with a requirement imposed under a relevant provision of this Act.

(4)

Nothing in a relevant provision of this Act or this section requires a person to disclose any information subject to legal privilege.

(5)

This section does not affect the Frustrated Contracts Act 1959.

(6)

In this section, “prescribed written law” means any written law prescribed by the Minister by rules in the Gazette.

Clause 259

Self‑incrimination

(1)

A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the disclosure of the information would have a tendency to expose the person to a criminal charge for an offence under this Act, a repealed law or other written law.

(2)

Where a person claims, before giving any information that the person is required under any relevant provision of this Act to give, that the disclosure of the information might tend to incriminate the person for an offence under this Act, a repealed law or other written law —

(a)

that information;

(b)

the giving of the information; and

(c)

any information, document or thing obtained as a direct consequence of the giving of the information,is not admissible in evidence against the person in any criminal proceedings for an offence under this Act, the repealed law or other written law other than proceedings for an offence under section 256 or 257 or any written law in respect of the falsity of the information, document or thing.

(3)

For the purposes of any proceedings for an offence under this Act, the making of a statement by an accused person made pursuant to a requirement mentioned in subsection (1), is not to be regarded under section 258(3) of the Criminal Procedure Code 2010 as caused by any inducement, threat or promise merely because the investigator had earlier informed the accused person that the accused person was not excused from disclosing information on the ground that the disclosure of the information might tend to incriminate the accused person, if the investigator believed in good faith, when so informing the accused person, that —

(a)

the accused person was concerned in an offence under this Act; or

(b)

a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused person was concerned in an offence under this Act.

(4)

Nothing in this Division —

(a)

compels an advocate and solicitor or legal counsel to disclose or produce a privileged communication, or a document, information or material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; or

(b)

authorises the taking of any such document, information or material which is in the possession of an advocate and solicitor or legal counsel.

(5)

In this section, “relevant provision of this Act” means any of the following:

(a)

section 89;

(b)

section 101;

(c)

section 127;

(d)

section 201;

(e)

section 238;

(f)

section 249;

(g)

section 252.

Clause 260

Presumption as to contents and labels

(1)

For the purposes of this Act, the contents of a package of food are presumed to conform with the description of the contents on the package’s label until the contrary is proved.

(2)

Any information on the outside or inside of any package of food, or on the label of a package of food, that identifies the person who imported, produced, sold, or manufactured the food in the package is presumed to be correct until the contrary is proved.

Clause 261

Presumption as to supply of food

(1)

For the purposes of this Act, when any food or food contact article is supplied or displayed or offered for supply, the food or food contact article is presumed to be supplied or exposed or offered for supply for human consumption as food or use as food, until the contrary is proved.

(2)

For the purposes of this Act, a person who supplies or intends to supply any article of which food is a constituent, is presumed until the contrary is proved that the person supplied or intended to supply the food.

(3)

The purchase or supply of a sample of any food under this Act for the purpose of analysis or examination is presumed to be a purchase or supply of the food for human consumption as food or for use as food, unless the supplier proves that the bulk from which the sample was taken was not offered, exposed or intended for supply for human consumption as food or use as food.

Clause 262

Presumption as to sample

(1)

This section applies to a sample of food, primary produce or animal feed —

(a)

taken from an identified quantity of food, primary produce or animal feed;

(b)

taken as required by a requirement of this Act; and

(c)

interpreted as required by a requirement of this Act.

(2)

The sample is presumed to be representative of the quantity of food, primary produce or animal feed from which the sample was taken until the contrary is proved.

(3)

The sample is also presumed to be representative of the lot, or production run, from which the identified quantity was taken until the contrary is proved.

(4)

Each of the parts into which a sample of any food, primary produce or animal feed is divided in accordance with this Act is presumed, until the contrary is proved, to be of uniform composition with the other parts.

(5)

In this section, “animal feed” excludes a live animal.

Clause 263

Presumption as to import for purpose of supply

For the purposes of this Act, the import of any food or prepacked food additive in a quantity that is more than that which is imported for private consumption must, unless the contrary is proved, be treated as an import of the food or prepacked food additive for the purpose of supply.

Clause 264

Proof of exemptions or reasonable excuse

In a prosecution of a person for an offence under this Act, the onus of proving that —

(a)

at the time of the alleged offence a person was exempted from a provision of this Act; or

(b)

anything was done or omitted to be done with lawful excuse or authority or reasonable excuse,lies upon the person making that assertion.

Clause 265

Disclosure by witnesses

(1)

In any proceedings for an offence under this Act, a witness for the prosecution is not compelled to disclose the fact that the witness received information, the nature of the information received or the name of the person from whom the information was received.

(2)

An authorised officer, a food inspector or a Part 9 enforcement officer appearing as a witness in any proceedings is not compelled to produce any document containing any confidential matter made or received in his or her capacity as an authorised officer, a food inspector or a Part 9 enforcement officer, as the case may be.

(3)

Despite subsections (1) and (2), a court hearing proceedings for an offence under this Act may order the disclosure of any matter, or the production of a document, referred to in those subsections if the court considers that it is necessary in the interests of justice.

Clause 266

Court may order corrective advertising, etc.

A court by which a person (called in this section the offender) is found guilty of an offence involving advertising may make one or both of the following orders upon convicting the offender:

(a)

an order requiring the offender to disclose in a particular manner —

(i)

to the general public;

(ii)

to a particular person; or

(iii)

to a particular class of persons in the general public,information specified in the order, or information of a kind specified in the order, which the offender possesses or to which the offender has access;

(b)

an order requiring the offender to publish in Singapore, at the offender’s own expense, in a manner and at times specified in the order, advertisements the terms of which are specified in the order.

Clause 267

Liability of person charged for certain expenses

(1)

When any person is convicted of an offence under this Act, the court may order that all fees and other expenses for or incidental to the analysis of any food or thing in respect of which the conviction is obtained, and any other reasonable expenses incurred by the prosecution, be paid by the person convicted.

(2)

All those fees and expenses are recoverable in the same manner as a fine is recoverable.

Clause 268

Handling of seized items

(1)

Subject to subsection (2) and sections 269 and 270 —

(a)

all seized items are liable to forfeiture by a court; and

(b)

sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any seized item.

(2)

Subsection (1) does not apply to a seized item which is a conveyance that —

(a)

is of more than 200 tons net; or

(b)

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.

Clause 269

Forfeiture, etc., of seized items by court in criminal proceedings

(1)

A court may, in any criminal proceeding against a person for an offence under this Act, order that any item seized in connection with the offence be forfeited if —

(a)

where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or (b)where the seized item is not a conveyance — the court is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.

(2)

The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court.

(3)

A conveyance mentioned in subsection (1)(a) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner.

(4)

The court may make an order under subsection (1)(b) for the forfeiture of any seized item even though no person is convicted of an offence.

(5)

If the court does not order the forfeiture of a seized item under subsection (1), the court may —

(a)

order the release of the seized item to the owner of or the person entitled to the seized item; or

(b)

where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the court thinks fit in relation to the disposal of the seized item.

(6)

However, no order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —

(a)

is of more than 200 tons net; or

(b)

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.

Clause 270

Immediate forfeiture by Agency

(1)

Subject to subsections (2) and (3), the Agency may at once order the forfeiture of a seized item —

(a)

that is any of the following at the time of seizure:

(i)

any food which is unsafe food, unsuitable food or a defined food;

(ii)

any primary produce which is unsafe;

(iii)

any controlled item which is failing;

(iv)

any animal feed which is not fit for purpose;

(v)

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any biosecurity matter or any thing else which is a suspected hazard or the suspected source of contamination giving rise to a risk to human health; and

(b)

that —

(i)

is perishable or may rapidly depreciate in value;

(ii)

is injurious to human health;

(iii)

is hazardous;

(iv)

is decayed or putrefied; or

(v)

for any other reason is desirable to dispose without delay.

(2)

If within 48 hours after the seizure no complaint under subsection (3) has been made with respect to the item seized, the Agency may cause the seized item, if of the nature described in subsection (1)(a) and (b), to be —

(a)

if the item is a living thing, detained and treated if not incurably diseased or injured and then disposed of at once in any manner that the Agency thinks fit; or

(b)

destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.

(3)

A person may, no later than 48 hours after the seizure under this Act of any of the following, complain of the seizure to a Magistrate’s Court:

(a)

any food;

(b)

any primary produce;

(c)

any controlled item;

(d)

any animal feed;

(e)

any non-packaged drinking water for supply;

(f)

any unregistered plant pesticide;

(g)

any live food producing animal;

(h)

any animal reproductive material extracted or otherwise taken from a food producing animal;

(i)

any other thing.

(4)

The complaint may be heard and determined by the Magistrate’s Court, which —

(a)

may either —

(i)

confirm or disallow the seizure in whole or in part; or

(ii)

who is —

(i)

an officer of the corporation; or

(ii)

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

(b)

who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence;

(ii)

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

(iii)

knew, or ought reasonably to have known, that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

(3)

A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.

(4)

To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871; or

(b)

the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.

(5)

To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act and applies whether or not the corporation is convicted of the offence.

(6)

In this section —

Definition

“corporation” includes a limited liability partnership;

Definition

“reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, any action (if any) of the following kinds as is reasonable in all the circumstances:

(a)

action towards —

(i)

assessing the corporation’s compliance with the provision creating the offence; and

(ii)

ensuring that the corporation arranged regular professional assessments of its compliance with the provision;

(b)

action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them;

(c)

action towards ensuring that —

(i)

the equipment and other resources; and

(ii)

the structures, work systems and other processes,relevant to compliance with the provision creating the offence are appropriate in all the circumstances;

(d)

action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence;

Definition

“state of mind” of a person includes —

(a)

the knowledge, intention, opinion, belief or purpose of the person; and

(b)

the person’s reasons for the intention, opinion, belief or purpose.

(7)

The Minister may make rules in the Gazette to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any corporation formed or recognised under the law of a country outside Singapore.

Clause 272

Offences by unincorporated associations or partnerships

(1)

Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —

(a)

an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and

(b)

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership (as the case may be) had that state of mind.

(2)

Where an unincorporated association or a partnership commits an offence under this Act, a person —

(a)

who is —

(i)

an officer of the unincorporated association or a member of its governing body;

(ii)

a partner in the partnership; or

(iii)

an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and

(b)

who —

(i)

consented or connived, or conspired with others, to effect the commission of the offence;

(ii)

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

(iii)

knew, or ought reasonably to have known, that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be) and shall be liable on conviction to be punished accordingly.

(3)

A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.

(4)

To avoid doubt, this section does not affect the application of —

(a)

Chapters 5 and 5A of the Penal Code 1871; or

(b)

the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.

(5)

is prescribed by any regulations made under Part 15 as a compoundable offence for the purposes of this section.

(5)

Where any offence is prescribed as compoundable under subsection (4), the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.

Clause 274

Appointment of Director-General, Food Security to administer Part 2

(1)

The Minister may appoint from among public officers or SFA officers, a Director‑General, Food Security to administer Part 2 and the Part 2 Rules.

(2)

The Director‑General, Food Security may exercise any powers that are conferred upon the Director‑General, Food Security by any provision of Part 2 or 13 or the Part 2 Rules, subject to any directions, not inconsistent with the provisions of this Act, as the Minister may consider necessary.

(3)

Subject to subsection (4), the Director‑General, Food Security may delegate the exercise of all or any of the powers conferred or duties imposed upon him or her by this Act to any food security officer, and any reference in any provision of this Act to the Director‑General, Food Security includes a reference to such a food security officer.

(4)

Subsection (3) does not extend to the following:

(a)

any power conferred or duty imposed on the Director‑General, Food Security under section 23, 24, 27 or 32;

(b)

the power of delegation conferred by subsection (3).

(5)

Part 9 and any Part 9 Regulations; or

(c)

Part 10 if involving any Part 9 Regulations.

(2)

Despite anything in the Interpretation Act 1965, the Singapore Food Agency Act 2019 or any other law, the powers conferred or duties imposed upon the Agency by any provision of this Act are not delegable to the following persons:

(a)

a wholly‑owned subsidiary company of the Agency;

(b)

a person engaged as a contractor by the Agency.

Clause 277

Appointment of Director-General, Food Administration

(1)

The Agency must appoint a Director‑General, Food Administration from among SFA officers with suitable qualifications and experience.

(2)

If asked to do so, a food security officer, an authorised officer or a food inspector must produce his or her identification card for inspection before exercising any power conferred on him or her under any provision of this Act except those mentioned in section 276(1)(a), (b) or (c).

(2)

A food security officer, an authorised officer or a food inspector who uses any identification card issued under section 281(1) or 282(1) otherwise than in the course of, or for the purpose of, performing the functions of a food security officer, an authorised officer or a food inspector (as the case may be) under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

Clause 284

Public servants

Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every food security officer, authorised officer or food inspector is taken to be a public servant for the purposes of the Penal Code 1871.

Clause 285

Outsourced enforcement officers

(1)

The Agency may appoint an individual who —

(a)

is at least 18 years of age;

(b)

is not an SFA officer;

(c)

is not a public officer or officer of a public authority; and

(d)

has suitable qualifications or experience,to be an outsourced enforcement officer to assist the Director‑General, Food Security or the Agency in the administration of any provision of this Act in any particular area in Singapore, except any provision in Part 9 and any Part 9 Regulations or in Part 10 if involving any Part 9 Regulations.

(2)

The Agency may, for any reason that appears to the Agency to be sufficient, at any time revoke an individual’s appointment under subsection (1) as an outsourced enforcement officer.

(3)

The Agency must issue to each outsourced enforcement officer an identification card (in physical or digital form) which must be carried at all times by the outsourced enforcement officer when exercising powers under any provision of this Act.

(4)

An outsourced enforcement officer whose appointment as such ceases must return without delay to the Agency any identification card issued to him or her under subsection (3).

(5)

A former outsourced enforcement officer who, without reasonable excuse, fails to comply with subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

(6)

In the case of an identification card issued in a digital form, a former outsourced enforcement officer is taken to comply with subsection (4) only after he or she removes the digital identification card from each mobile communication device or other electronic device in his or her possession on which the digital identification card is capable of being displayed.

(7)

An outsourced enforcement officer is not an employee of the Agency.

(8)

An individual who is appointed as an outsourced enforcement officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Agency.

Clause 286

Powers of outsourced enforcement officers

(1)

The Agency must issue to each outsourced enforcement officer a written authorisation specifying such of the powers in subsection (2) as exercisable by an outsourced enforcement officer, as what the outsourced enforcement officer may exercise, and no other powers.

(2)

The powers that an outsourced enforcement officer may be authorised under this section to exercise are all or any of the following:

(a)

to ask an individual suspected of committing an offence under Part 4 in premises mentioned in section 235, to state the individual’s name and residential address;

(b)

to advise the individual to stop engaging in conduct in premises mentioned in section 235 which is a public place, that is an offence under Part 4;

(c)

to photograph or film, or otherwise record the premises mentioned in section 235 where, or in respect of which, an offence under Part 4 was committed or is reasonably suspected to have been committed, and any individual or conveyance in that place;

(d)

to exercise in any premises mentioned in section 235 the following monitoring powers as if an authorised officer:

(i)

section 236;

(ii)

section 237 but not a monitoring power in section 237(1)(e), (f), (g) and (i);

(iii)

section 238;

(iv)

Authorised analysts

(1)

The Agency may appoint an individual, whom the Agency considers to be appropriately qualified, to be an authorised analyst for the purposes of this Act.

(2)

An appointment under subsection (1) —

(a)

may be subject to any conditions specified in the appointment including —

(i)

a condition limiting the individual to carry out analyses that are of a particular type of analysis; or

(ii)

a condition limiting the individual to carry out analyses in a particular type of laboratory; and

(b)

may at any time be varied or revoked.

Clause 288

Only authorised analyst may supply certificate of analysis

(1)

Only an authorised analyst may issue to a food security officer, an authorised officer or a food inspector submitting an article for analysis, a certificate of analysis mentioned in section 289(1) setting out the result of the analysis done by or under the supervision of the authorised analyst.

(2)

A person commits an offence if —

(a)

the person issues to a food security officer, an authorised officer or a food inspector submitting an article for analysis, a document purporting to be a certificate of analysis mentioned in section 289(1); and

(b)

the person is not an authorised analyst at the time of issuing.

(3)

A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.

Clause 289

Authorised analyst’s certificate

(1)

The production by the prosecution of a certificate of analysis in the form prescribed by any regulations made under Part 15, and purporting to be signed by an authorised analyst is sufficient evidence of the facts stated in the certificate, unless the person charged requires the authorised analyst to be called as a witness.

(2)

If a person charged intends to require an authorised analyst to be called as a witness in any proceedings for an offence under this Act, the person charged must give notice of the person’s intention to the prosecution not less than 3 clear days before the day on which the summons is returnable.

Clause 290

Analysis not required for conviction

Despite any provision of any other Act, if in any prosecution under this Act it appears to the court that the offence is sufficiently proved without an analysis, proof that an analysis has been made or of the results of an analysis is not necessary to conviction for the offence.

Clause 291

Definitions for this Division

In this Division —“FSSA authorisation” excludes a registration of a plant pesticide product under Part 11;“prescribed”, in relation to an FSSA authorisation or an application for an FSSA authorisation, means prescribed by any regulations made under Part 15 for that FSSA authorisation.

Definition

“FSSA authorisation” excludes a registration of a plant pesticide product under Part 11;

Definition

“prescribed”, in relation to an FSSA authorisation or an application for an FSSA authorisation, means prescribed by any regulations made under Part 15 for that FSSA authorisation.

Clause 292

Application for FSSA authorisation

(1)

An application for an FSSA authorisation must be made to the Agency in accordance with this section.

(2)

An application for an FSSA authorisation must —

(a)

be in the form and manner the Agency specifies;

(b)

be accompanied by an application fee (if prescribed) for the authorisation;

(c)

contain —

(i)

an address in Singapore at which notices and other documents under this Act for the applicant may be served; or

(ii)

the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; and

(d)

be accompanied by the prescribed information, and any other additional information that the Agency requires to decide on the application.

(3)

In addition, an application to renew an FSSA authorisation must be made no later than a prescribed period before the date of expiry of the authorisation, if prescribed.

(4)

The Agency may refuse to consider an application for an FSSA authorisation that is incomplete or not made in accordance with this section.

Clause 293

Grant of FSSA authorisation

(1)

Subject to this Act, after considering any application under section 292, the Agency may —

(a)

on payment of the applicable fee for an FSSA authorisation applied for (if prescribed), grant the applicant the FSSA authorisation; or

(b)

refuse to grant the FSSA authorisation applied for.

(2)

The Agency may grant a renewal of an FSSA authorisation with or without modifying the conditions of the FSSA authorisation, except that section 295 does not apply to or in relation to granting a renewal of an FSSA authorisation with modifications to the conditions of the FSSA authorisation.

Clause 294

Conditions of FSSA authorisation

In granting an FSSA authorisation to any person, the Agency may impose any conditions that the Agency considers requisite or expedient having regard to the purposes of this Act.

Clause 295

Procedure to modify FSSA authorisation condition or for regulatory action against FSSA authorisation holder

(1)

Subject to subsections (8) and (9), before exercising any relevant power under section 82, 83, 84, 95, 96, 112, 195, 196, 209 or 213 in relation to a holder of an FSSA authorisation, the Agency must give to the holder concerned, a written notice inviting the holder to show (as the case may be) why —

(a)

the condition of the FSSA authorisation should not be modified; or

(b)

the regulatory action should not be taken against the holder in question,each called a proposed action.

(2)

The written notice must state all of the following:

(a)

the proposed action, including (where applicable) the type of action in section 82, 83, 84, 95, 96, 112, 195, 196 or 213 that the Agency proposes to take;

(b)

the grounds for the proposed action;

(c)

the facts and circumstances forming the basis for the grounds;

(d)

if the proposed action is suspension of the FSSA authorisation, the proposed suspension period;

(e)

if the proposed action is modifying any condition of the FSSA authorisation, the proposed modification;

(f)

that representations may be made about the notice;

(g)

how and where representations may be made, and a period within which the representations must be made.

(3)

The stated period in subsection (2)(g) must be, or must end, at least 14 days after the notice is given.

(4)

If, after considering all representations made within the stated period the Agency still considers any proposed action should be taken, the Agency may —

(a)

if the proposed course of action is modifying under section 82, 95 or 195 any condition of the FSSA authorisation — modify the condition; or

(b)

if the proposed course of action is any regulatory action under section 83, 84, 96, 112, 196 or 213 — take any regulatory action mentioned in the appropriate section that the Agency considers appropriate.

(5)

has died or is adjudged a bankrupt;

(b)

has been dissolved or wound up; or

(c)

has otherwise ceased to exist.

Clause 296

(i)

directly takes part in managing, or exercises oversight over, the day‑to‑day operations of the food business; or

(ii)

is authorised to make decisions, involving the exercise of his or her discretion, that controls the day‑to‑day operations, of the food business; and

(c)

who is not an officer of the food business if it is a corporation, an unincorporated association or a partnership;

Definition

“same FSSA authorisation”, in relation to an invalidated authorisation, means an FSSA authorisation that, if granted —

(a)

is granted under the same provision of this Act as the invalidated authorisation covering the same type of licensable activity; and

(b)

a food inspector; or

(d)

a Part 9 enforcement officer.

Clause 301

Surrender of FSSA authorisation

(1)

This section applies where an FSSA authorisation is revoked or cancelled, or expires and is not renewed.

(2)

The Agency may, in any of the circumstances described in subsection (1), direct the former holder of an FSSA authorisation —

(a)

to surrender or return to the Agency, within a period stated in the direction, the revoked, cancelled or expired FSSA authorisation; or

(b)

in the case of an FSSA authorisation granted in digital form, to remove, within a period stated in the direction, the digital FSSA authorisation from each mobile communication device or other electronic device on which the digital FSSA authorisation is capable of being displayed.

(3)

A person who, without reasonable excuse, fails to comply with a direction given to the person under subsection (2) shall be guilty of an offence and shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(4)

Any direction under this section to return or surrender an FSSA authorisation does not extend to any mobile communication device or other electronic device on which an FSSA authorisation granted in digital form is displayed.

Clause 302

Reasonable belief by authorised officer, etc.

(1)

If this Act requires an authorised officer or a food inspector to reasonably believe something before exercising a power, it is sufficient if the Director‑General or a more highly ranked authorised officer or food inspector reasonably believes it and directs the authorised officer or food inspector (as the case may be) to exercise the power.

(2)

If this Act requires a food security officer to reasonably believe something before exercising a power, it is sufficient if the Director‑General, Food Security or a more highly ranked food security officer reasonably believes it and directs the food security officer to exercise the power.

Clause 303

Protection of confidential commercial information for plant pesticides

(1)

Where the Agency receives an application relating to a plant pesticide product, or a proposed plant pesticide product, and the product or an active constituent of the proposed or existing plant pesticide product (as the case may be) has not been the subject of any other earlier application to the Agency, then during the protected period of the confidential commercial information relating to the plant pesticide product or active constituent, the Agency —

(a)

must take reasonable steps to ensure that the confidential commercial information is kept confidential to the Agency; and

(b)

must not use the confidential commercial information for the purposes of determining whether to grant any other application.

(2)

Despite subsection (1), the Agency may, during the protected period in relation to any confidential supporting information —

(a)

disclose that confidential commercial information, or use that confidential commercial information for the purposes of determining whether to grant any application other than the application to which it relates or related, as the case may be —

(i)

with the consent of the applicant who made the application to which the confidential commercial information relates or related; or

(ii)

if that disclosure or use is, in the opinion of the Agency, necessary to protect the health or safety of members of the general public;

(b)

disclose that confidential commercial information to a Government department or statutory body for the purposes of the Government department or statutory body if, in the opinion of the Agency, the Government department or statutory body will take reasonable steps to ensure the confidential commercial information is kept confidential; or

(c)

disclose that confidential commercial information to any one or more of the following:

(i)

the World Health Organisation;

(ii)

the Food and Agriculture Organisation;

(iii)

any regulatory agency of a WTO Country;

(iv)

any committee established under section 27 of the Singapore Food Agency Act 2019 for the purpose of advising the Agency on any matters arising out of any application;

(v)

any person, or a person within a class or classes of persons, approved by the Minister, if the disclosure is in accordance with any conditions that are specified in the pesticide control regulations.

(3)

The power to grant consent under subsection (2)(a)(i) may be exercised by a person other than the applicant mentioned in that provision if —

(a)

that applicant —

(i)

has notified the Agency in writing that that other person may grant that consent; and

(ii)

A document permitted or required by this Act to be given to an individual may be given —

(a)

by delivering it to the individual personally;

(b)

by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c)

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

(d)

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

(e)

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

(f)

by sending it by email to the individual’s last email address.

(3)

A document permitted or required by this Act to be given to a partnership (other than a limited liability partnership) may be given —

(a)

by delivering it to any partner, secretary or other similar officer of the partnership;

(b)

by leaving it at, or by sending it by post to, the partnership’s business address;

(c)

by sending it by fax to the fax number used at the partnership’s business address; or

(d)

by sending it by email to the partnership’s last email address.

(4)

A document permitted or required by this Act to be given to a body corporate (including a limited liability partnership) or an unincorporated association may be given —

(a)

by delivering it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

(c)

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or

(d)

by sending it by email to the last email address of the body corporate or unincorporated association.

(5)

In addition, a document (other than a summons) permitted or required by this Act to be given to an individual, a partnership, a body corporate or an unincorporated association may be given —

(a)

by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or

(b)

by any other method authorised by regulations made under Part 15 for the service of documents of that kind if the addressee consents expressly to service of a document of that kind in that way.

(6)

A document given under this section by fax, email or post takes effect —

(a)

if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

(b)

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or

(c)

if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered).

(7)

Protection from personal liability

No liability shall lie against —

(a)

a food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer;

(b)

a member, officer or employee of the Agency; or

(c)

any other person acting under the direction of the Agency,for anything done or omitted to be done in good faith and with reasonable care in the execution or purported execution of any provision of this Act.

Clause 306

Jurisdiction of courts

Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.

Clause 307

General power to make regulations

(1)

Subject to subsection (4), the Agency may, with the approval of the Minister, make regulations under this Part, prescribing anything that is required or permitted to be prescribed, or is otherwise necessary or convenient for carrying out or giving effect to, under any provision of this Act.

(2)

When any provision of this Act confers powers on the Agency to make regulations, with the approval of the Minister, the power includes power to make regulations that —

(a)

prescribe requirements that apply to licensed importers and proprietors of licensed food businesses in relation to the tracing and recalling of import-controlled items or food, including setting requirements relating to —

(i)

what information must be collected;

(ii)

how, and for how long, the information must be kept; and

(iii)

what information must be kept under section 87 or 99 and given under section 89 or 101, as the case may be;

(b)

provide that any contravention of any provision of the regulations is an offence and that the penalty on conviction may be a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and

(c)

prescribe any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for regulations made under this Part.

(3)

Regulations made under this Part may apply —

(a)

to all forms or kinds of food, animal feed, plant pesticides, agri‑food production inputs or regulated food contact articles, or particular forms or kinds of food, animal feed, plant pesticides, agri‑food production inputs or regulated food contact articles;

(b)

in respect of the conduct of all forms of regulated activities (as defined in section 230), or particular categories of regulated activities;

(c)

in respect of all food premises, or particular categories of food premises; or

(d)

differently according to differences in time, place or circumstance.

(4)

This section does not apply to or in relation to any provision of this Act that is in Part 2, 9 or 12.

Clause 308

Fees and charges

(1)

When any provision of this Act confers powers on the Agency to make regulations, with the approval of the Minister, the power includes power —

(a)

to impose fees or charges in respect of applications for or the grant of an FSSA authorisation, an acceptance or other approval or authorisation under any provision of this Act, and of any thing else done by the Agency in connection with the administration of this Act;

(b)

to impose penalties for the late payment of any such fee or charge;

(c)

to impose interest for late payment of any such fee, charge or penalty; and

(d)

to provide for the manner in which those fees or charges, or those penalties or interest for late payment, have to be paid, which may include any of the following:

(i)

payment by instalment;

(ii)

payment of an estimated fee or charge based on estimated costs expended in or associated with the Agency providing a service or discharging a function in connection with the administration of this Act, paid before the provision of the service or discharge of the function, followed by reconciliation and an appropriate further payment or refund after the provision of the service or discharge of the function;

(iii)

payment within a period after the service is provided or the function is discharged by the Agency in connection with the administration of this Act.

(2)

Any such fee or charge, or any penalty or interest for late payment, may be prescribed by regulations either —

(a)

by fixing the amount;

(b)

by setting a scale or formula or method of calculation; or

(c)

by setting a maximum or minimum amount.

(3)

Different fees and charges may be so prescribed in respect of different classes of persons, food, primary produce, food businesses, controlled items, animal feed, plant pesticides or food producing animals, or according to differences in time, place or circumstance or on any other differential basis.

(4)

Any such unpaid fee or charge or instalment thereof, or unpaid penalty or interest for late payment, may be recovered by the Agency as a debt in a court of competent jurisdiction.

(5)

This section does not apply to or in relation to any provision of this Act that is in Part 2, 9 or 12.

Clause 309

Standards and labelling requirements

(1)

Without limiting section 307, the Agency may, with the approval of the Minister, by regulations set out standards relating to any of the following:

(a)

safety standards for food or agri‑food production inputs, including —

(i)

the composition, ingredients or other characteristics of any kind of food or agri‑food production input;

(ii)

the maximum amounts of contaminants or residues that may be present in the food;

(iii)

the maximum or minimum amounts of additives that must or may be present in the food;

(iv)

the microbiological status and safety of food;

(v)

prohibitions or restrictions on the supply of particular kinds of food to individuals of less than a specified age;

(vi)

the precautions to be taken in relation to the supply of particular kinds of food (either generally or when they are supplied to particular classes of persons); and

(vii)

any other reasonable requirement that is desirable to prevent or minimise risk of injury or impairment of health;

(b)

the manufacturing or preparation of food;

(c)

the handling of food, including the method of handling;

(d)

the manufacture or production, storage, keeping or transporting of agri‑food production inputs (except any animal feed and plant pesticide);

(e)

safety standards for regulated food contact articles, including —

(i)

prohibitions or restrictions on substances that may be used to manufacture a regulated food contact article; and

(ii)

prohibitions or restrictions on the use of regulated food contact articles with food;

(f)

the application of standards.

(2)

Without limiting section 307, the Agency may, with the approval of the Minister, by regulations set out information standards for labels on food or agri‑food production inputs (except any animal feed and plant pesticide), including —

(a)

prohibiting or restricting the content used in labelling of the food or agri‑food production inputs for supply;

(b)

prohibiting or requiring specified content in any label relating to the food or agri‑food production inputs for supply;

(c)

prescribing the form of the content required under paragraph (b), such as its size and colour, or the size, colour and font type of the content and how it is displayed;

(d)

requiring records to be kept in relation to the labelling of food or agri‑food production inputs; and

(e)

any other reasonable requirement that is desirable to ensure that misleading information is not provided, and that adequate information is provided, in respect of the food or agri‑food production inputs.

(3)

In this section, “agri‑food production input” excludes the following even if essential in undertaking any primary production activity:

(a)

any animal reproductive material from a food producing animal;

(b)

any young of a food producing animal;

(c)

any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;

(d)

any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals.

Clause 310

Food safety schemes

(1)

Without limiting section 307, the Agency may, with the approval of the Minister, by regulations establish one or more food safety schemes for the purposes of Part 4.

(2)

A food safety scheme must state the following:

(a)

the licensable food business to which the scheme applies;

(b)

the aspects of the licensable food business to which the scheme applies.

(3)

A food safety scheme may be established about any of the following:

(a)

how a licensable food business is to be carried on;

(b)

the design, construction, maintenance and cleanliness of —

(i)

premises (including fittings and fixtures) used, or intended to be used, in connection with carrying on the licensable food business;

(ii)

plant or equipment (including single‑use items) used, or intended to be used, to handle food or otherwise in connection with carrying on the licensable food business; or

(iii)

conveyances used to transport food in connection with carrying on the licensable food business;

(c)

prohibitions or restrictions on the carrying on of certain activities in connection with the licensable food business;

(d)

the classification, marking or other identification of primary produce or food;

(e)

the wholesomeness, testing or analysis of primary produce or food;

(f)

sanitation, hygiene and the prevention of disease in primary produce;

(g)

the knowledge, skill, health and hygiene requirements for individuals engaging in, or employed in, the licensable food business in any capacity that may be specified in the scheme, including prohibitions of or restrictions on individuals handling food except in accordance with provisions in that scheme;

(h)

the preparation and implementation of food safety programs to ensure compliance with the food safety scheme;

(i)

the auditing and approval of food safety programs mentioned in paragraph (h);

(j)

the giving of information or returns relating to food safety matters to the Director‑General;

(k)

any other matter relevant to food safety issues relating to the licensable food business that the scheme applies to.

Clause 311

Other subject matter of regulations

Without limiting section 307, the Agency may, with the approval of the Minister, make regulations relating to any of the following:

(a)

any information about food or a regulated food contact article in advertising, including —

(i)

specifying the requirements for the content of advertisements about the food or regulated food contact article with the use of a word or expression indicating the type, quality or any other characteristic of the food or regulated food contact article;

(ii)

specifying any other conditions relating to the use of a word or expression indicating the type, quality or any other characteristic of the food or regulated food contact article; and

(iii)

prohibiting activities in relation to the advertising of the food or regulated food contact article; (b)requirements relating to animals and pests at premises in which food is handled, or in vehicles in which food is transported;

(c)

the knowledge, skill, health and hygiene requirements for individuals who handle food in connection with carrying on a food business;

(d)

the maintenance and cleanliness of —

(i)

premises (including fittings and fixtures) used, or intended to be used, in connection with carrying on a food business; or

(ii)

plant or equipment (including single‑use items) used, or intended to be used, to handle food or otherwise in connection with carrying on a food business;

(e)

prohibitions or restrictions on the carrying on of certain activities in connection with any particular food business;

(f)

measures for the control or elimination of food safety hazards in the course of handling food, being a thing or situation that has the potential to cause food supplied or handled in connection with carrying on any food business to be unsafe; and

(g)

sampling methods and testing requirements of food and primary produce.

Clause 312

Part 6 Regulations

(1)

Without limiting section 307, the Agency may, with the approval of the Minister, make regulations (called Part 6 Regulations) prescribing anything that is required or permitted to be prescribed under Part 6 or is otherwise necessary or convenient for carrying out or giving effect to Part 6.

(2)

Without limiting subsection (1), Part 6 Regulations may —

(a)

require the provision of reports, returns, documents or other forms of information relevant to the quality or supply of drinking water, or to any other process or other matter associated with the supply of drinking water, to the Agency;

(b)

require the keeping of records, statistics and other forms of information by a drinking water producer that provides a drinking water service, and the provision of reports based on that information, to the Agency;

(c)

prescribe standards and other requirements that must be observed or applied in relation to the quality or supply of drinking water by drinking water producers providing a drinking water service;

(d)

make provision with respect to the monitoring of the quality of drinking water, or any component or characteristic of drinking water, including with respect to the method, collection and analysis of samples;

(e)

require —

(i)

identification of hazards and hazardous events which may affect the quality of drinking water obtained by a drinking water producer and to which a drinking water service provided by the drinking water producer relates;

(ii)

an assessment of the risks posed by the hazards and hazardous events; and

(iii)

how a drinking water producer providing the drinking water service manages the risks posed by the hazards and hazardous events in order to minimise the likelihood of the drinking water becoming unwholesome; and

(f)

provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000 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.

(3)

Part 6 Regulations may apply —

(a)

in respect of all drinking water producers or particular categories of drinking water producers; and

(b)

in respect of the provision of all drinking water services or particular types of drinking water services.

Clause 313

Animal feed regulations

Without limiting section 307, the Agency may, with the approval of the Minister, make regulations (called animal feed regulations) —

(a)

prescribing any substance as a substance that is prohibited with respect to a particular animal feed;

(b)

prescribing standards for the composition of animal feed;

(c)

prescribing standards and procedures to be complied with by animal feed production licensees in producing animal feed, including standards and procedures as to —

(i)

the storage or keeping of animal feed;

(ii)

the transporting of animal feed;

(iii)

the maintenance, cleanliness and sanitation of the premises where animal feed is produced; and

(iv)

the hygiene of individuals at work in those premises;

(d)

prescribing processes which may or may not be used in the production of animal feed to achieve the fitness for purpose of the animal feed produced, including document control and recording;

(e)

prescribing requirements that apply to animal feed production licensees in relation to the tracing and recalling of animal feed, including setting requirements relating to —

(i)

what information must be collected;

(ii)

how, and for how long, the information must be kept; and

(iii)

what information must be kept under section 199 and given under section 201; and

(f)

providing for any other matter which is required or permitted to be prescribed by Division 2 of Part 11 or are necessary or convenient to be prescribed for carrying out or giving effect to Division 2 of Part 11.

Clause 314

Pesticide control regulations

(1)

Without limiting section 307, the Agency may, with the approval of the Minister, make regulations (called pesticide control regulations) which are required or permitted to be prescribed by Division 3 of Part 11 or are necessary or convenient to be prescribed for carrying out or giving effect to Division 3 of Part 11.

(2)

In particular, pesticide control regulations may provide for or be made with respect to any of the following:

(a)

any matter connected with the registration of plant pesticide products and applications for such registration, including the content of approved labels;

(b)

any matter connected with the appointment as certified pesticide operators and applications for such an appointment;

(c)

the training and qualification requirements for persons engaged in the use of plant pesticides in connection with edible plants, including tests for applicants for appointment as a certified pesticide operators;

(d)

the making and keeping of records in relation to the use, keeping and disposal of plant pesticides, and the provision of returns and other information by a certified pesticide operator;

(e)

the analysis, reporting and monitoring of plant pesticide residues by producers of primary produce;

(f)

standards and procedures for the use of plant pesticides in connection with edible plants;

(g)

standards in relation to the design, construction and maintenance of equipment for using plant pesticides in connection with edible plants;

(h)

providing for the implementation of Singapore’s obligations under any international agreement in relation to plant pesticides.

Clause 315

Incorporation by reference, etc.

(1)

Any regulation made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any material contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the regulation deals, even if the code, standard, rule, requirement, specification or other document does not yet exist when the regulation is made.

(2)

Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any regulation made under this Act —

(a)

in whole or in part; or

(b)

with modifications, additions or variations specified in the regulation.

(3)

A copy of any material applied, adopted or incorporated by reference in any regulation made under this Act, including any amendment to, or replacement of, the material, must be —

(a)

certified as a correct copy of the material by the Agency; and

(b)

retained by the Agency.

(4)

Any material applied, adopted or incorporated in any regulation made under this Act by reference under subsection (1) is to be treated for all purposes as forming part of the regulation; and, unless otherwise provided in the regulation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that regulation.

(5)

Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any regulation made under this Act, the Agency must give notice in the Gazette stating —

(a)

that the material is incorporated in the regulation and the date on which the relevant provision in the regulation was made;

(b)

that the material is available for inspection during working hours, free of charge;

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased;

(e)

the place where copies of the material can be purchased; and

(f)

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(6)

The Agency must cause a copy of every code, standard, rule, requirement or specification incorporated by reference under subsection (1) to be made available for inspection by members of the general public without charge at the office of the Agency during normal office hours.

(7)

In this section, “modification” includes omissions, additions and substitutions.

(8)

This section does not apply to or in relation to any subsidiary legislation made under Part 2, 9 or 12.

Clause 316

Clause 318

Use of code of practice in proceedings

(1)

A code of practice is admissible in evidence in any proceedings under this Act where —

(a)

a person is alleged to have committed an offence under this Act —

(i)

by reason of a contravention of any provision of this Act; or

(ii)

by reason of a failure to discharge or perform a duty or other requirement imposed by this Act; and

(b)

the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the criminal proceedings, a code of practice relates.

(2)

In criminal proceedings referred to in subsection (1), evidence that —

(a)

a person has complied with a provision in a code of practice found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or

(b)

a person has contravened or failed to comply with, whether by act or omission, any such provision so found,may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.

Clause 319

Act binds Government

(1)

This Act binds the Government and applies in relation to every regulated activity undertaken by the Government for the service of the Government, with the modifications, and subject to the restrictions, specified in rules made by the Minister under subsection (3).

(2)

For the purposes of this Act, every activity undertaken by the Government or any part thereof is treated as being made in the course of a business.

(3)

The Minister may make rules in the Gazette prescribing such modifications or restrictions of any provision of this Act in its application to any regulated activity undertaken by any part of the Government for the service of the Government, as the Minister may consider necessary or expedient —

(a)

in the interest of ensuring the efficiency or effectiveness of policies, programme management or service planning and delivery by that part of the Government; or

(b)

in the public interest of Singapore.

(4)

However, nothing in this Act —

(a)

renders the Government liable to prosecution for an offence under this Act; or

(b)

prevents a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer from exercising his or her powers or carrying out his or her duties under this Act.

(5)

To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is employed or engaged to provide services to the Government.

(6)

For the purposes of this section —

Definition

“part of the Government” includes a department, a Ministry or an Organ of State;

Definition

“regulated activity” means any of the following:

(a)

the import, export or transhipment of any controlled item;

(b)

the undertaking of any primary production activity;

(c)

the carrying on of a food business;

(d)

the supply of food, or the handling of food intended for supply;

(e)

the production of animal feed;

(f)

the provision of non-packaged drinking water;

Definition

“undertaken”, by the Government or any part of the Government, includes undertaken by any person under the direction and control of the Government or part of the Government.

Clause 320

(c)

the kind of food supplied by the licensed importer or food business licensee;

(d)

the feasibility, effectiveness and efficiency of requiring the licensed importer or the proprietor of the licensable food business to comply with the requirement;

(e)

any other matters that the Director‑General considers relevant.

(5)

An exemption under this section —

(a)

must be in writing and given to the particular person concerned; and

(b)

need not be published in the Gazette.

(6)

The power under subsection (1) is non‑delegable.

(7)

An exemption under this section cannot extend —

(a)

to any provision in Part 2 or Part 9 or the Part 9 Regulations, or any provision in Part 10 involving any Part 9 Regulations; or

(b)

to exempting from all provisions of this Act.

Clause 322

Amendment of section 8

In the Animals and Birds Act 1965, in section 8, after subsection (3), insert —“(4) This section does not apply to the import of eggs or egg products for the purpose of sale or handling as food for human consumption.”.

Clause 323

New section 8A

In the Animals and Birds Act 1965, after section 8, insert —“Freeze on import licences8A.—

(1)

This section applies for the period of time a directive made under section 70 of the Food Safety and Security Act 2024 is in force, banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore (called the freeze period).(2) During the freeze period of a directive made under section 70 of the Food Safety and Security Act 2024, the Director‑General —

(a)

must not grant under section 8 any licence that is for the import of any animal or bird if the licence authorises an import that would be inconsistent with the directive; and

(b)

may revoke or suspend any licence granted under section 8 for the import during the freeze period of any animal or bird that is inconsistent with the directive.(3) Before exercising any powers under subsection (2)(b), the Director‑General must give notice to the holder of the licence concerned —

(a)

stating that the Director‑General proposes to revoke or suspend the licence in the manner as specified in the notice; and

(b)

specifying the time (being not less than 3 days starting the date of service of notice on such holder) within which written representations may be made to the Director‑General with respect to the proposed revocation or suspension of the licence, as the case may be.(4) Upon receipt of any written representation referred to in subsection (3)(b), the Director‑General must consider the written representation and may —

(a)

reject the written representation;

(b)

decline to revoke or suspend the licence; or

(c)

suspend the licence in lieu of revoking it,and, in any event, the Director‑General must give written notice to that holder of the licence of his or her decision.(5) Subsection (2)(b) does not affect section 62(1).”.

Clause 324

Amendment of section 41

In the Animals and Birds Act 1965, in section 41, in the definition of “animal‑related business” —

(a)

in paragraph (b), delete “or” at the end;

(b)

in paragraph (c), replace the comma at the end with “; or”;

(c)

after paragraph (c), insert —“(d)the operation of any business in respect of animals intended to produce food or as food for human consumption;”; and

(d)

delete “but does not include any business in respect of animals intended for consumption;”.

Clause 325

Amendment of section 59

In the Animals and Birds Act 1965, in section 59, after subsection (2), insert —“(2A) Subsections (1) and (2) do not extend to —

(a)

prohibiting or regulating the keeping, breeding or feeding of any animal or bird to produce food or as food for human consumption;

(b)

prohibiting or regulating the keeping, breeding or feeding of any animal or bird to produce feed for consumption by food producing animals;

(c)

requiring any person intending to keep or breed any animal or bird to produce food or as food for human consumption to obtain a licence from the Director‑General and to comply with the conditions of the licence; or

(d)

requiring any person intending to keep or breed any animal or bird to produce feed for consumption by food producing animals to obtain a licence from the Director‑General and to comply with the conditions of the licence.”.

Clause 326

Amendment of section 62

In the Animals and Birds Act 1965, in section 62 —

(a)

in subsection (1)(b)(iii), replace “Part 2A of the Sale of Food Act 1973” with “the Food Safety and Security Act 2024”; and

(b)

after subsection (4), insert —“(4A) Subsection (4) does not extend to the Director‑General revoking or suspending under section 8A(2)(b) any licence granted under section 8.”.

Clause 327

Amendment of section 80

In the Animals and Birds Act 1965, in section 80(2)(k), after “method of production”, insert “, but not animal or bird production to produce food or as food for human consumption”.

Clause 328

Amendment of Third Schedule

In the Central Provident Fund Act 1953, in the Third Schedule —

Amendment of section 9

In the Control of Plants Act 1993, in section 9 —

(a)

in paragraph (a), delete “and” at the end;

(b)

in paragraph (b), replace the full‑stop at the end with “; and”; and

(c)

after paragraph (b), insert —“(c)the cultivation of any plant as food or to produce food for human consumption.”.

Clause 335

Deletion of sections 11, 12, 13, 14, 15 and 16

In the Control of Plants Act 1993, delete sections 11, 12, 13, 14, 15 and 16.

Clause 336

Amendment of section 28

In the Control of Plants Act 1993, in section 28(1), after “any country, territory or place”, insert “because of phytosanitary purposes”.

Clause 337

Amendment of section 31

In the Control of Plants Act 1993, in section 31 —

(a)

in subsection (1)(a), replace “section 7 or 10;” with “section 10; or”;

(b)

in subsection (1), delete paragraph (b);

(c)

in subsection (3), replace “section 7 or 10” with “section 10”;

(d)

in subsection (3), delete “, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of any fresh fruits or vegetables”;

(e)

delete subsection (4); (f)in subsection (7)(c), delete “, unless it is a permit under section 8,”; and

(g)

in subsection (8), replace “section 7 or 10” with “section 10”.

Clause 338

Amendment of section 34

In the Control of Plants Act 1993, in section 34(a), replace “section 10, 11(1) and (2), 22(2) or 41” with “section 10, 22(2) or 41”.

Clause 339

Deletion of sections 39, 40 and 41

In the Control of Plants Act 1993, delete sections 39, 40 and 41.

Clause 340

Amendment of section 49

In the Control of Plants Act 1993, in section 49(2) —

(a)

delete paragraphs (c), (d), (e), (f), (h), (s), (t) and (u);

(b)

after paragraph (l), insert —“(la)providing for a freeze on the grant, and for the cancelling, of any permit authorising the introduction into Singapore of any pest, when there is in force a directive made under section 70 of the Food Safety and Security Act 2024 banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore and where the permit or the grant thereof would be inconsistent with the directive;”; and

(c)

in paragraph (v), delete “fresh fruits or vegetables which are the subject of”.

Clause 341

Amendment of section 2

In the Environmental Public Health Act 1987, in section 2 —

(a)

in the definition of “Director‑General, Food Administration”, replace “section 3(1) of the Sale of Food Act 1973” with “section 277(1) of the Food Safety and Security Act 2024”;

(b)

replace the definition of “food” with —“ “food” has the meaning given by section 4 of the Food Safety and Security Act 2024;”; and

(c)

delete the definitions of “food establishment”, “itinerant hawker”, “market”, “private market” and “public market”.

Clause 342

Replacement of Part 4 heading

In the Environmental Public Health Act 1987, in Part 4, replace the Part heading with —“TEMPORARY FAIRS AND NON-FOOD HAWKING”.

Clause 343

Replacement of section 31W

In the Environmental Public Health Act 1987, replace section 31W with —“Singapore Food Agency administers Part 431W.—

(1)

The Singapore Food Agency is responsible for the administration of this Part, subject to the general or special directions of the Minister.(2) The Singapore Food Agency may, in relation to any provision of this Part, appoint as an authorised officer for the purposes of that provision any of the following who are suitably trained to properly exercise the powers of an authorised officer:

(a)

any officer of the Singapore Food Agency;

(b)

any officer of another statutory authority;

(c)

any public officer;

(d)

any auxiliary police officer.(3) The Singapore Food Agency may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment under subsection (2) as an authorised officer.(4) The Singapore Food Agency may delegate the exercise of all or any of the powers conferred or duties imposed upon the Singapore Food Agency by any provision of this Part, to any authorised officer, subject to any conditions or limitations that the Singapore Food Agency may specify; and any reference in that provision of this Act or its subsidiary legislation to the Singapore Food Agency includes a reference to such an authorised officer.(5) However, nothing in subsection (4) authorises delegating —

(a)

the power of delegation conferred by that subsection; or

(b)

any power of the Singapore Food Agency to make subsidiary legislation under this Part.(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 Singapore Food Agency.”.

Clause 344

Deletion of section 32

In the Environmental Public Health Act 1987, delete section 32.

Clause 345

Replacement of section 33

In the Environmental Public Health Act 1987, replace section 33 with —“Licensing of non-food hawkers in public places

33. A person must not —

(a)

hawk, sell or expose for sale any goods of any kind but not any food; or

(b)

set up or use any stall, table, showboard, vehicle or receptacle for the purpose of hawking, selling or exposing for sale any goods of any kind but not any food,in any street or part of the street or in any premises or public place without first obtaining a licence from the Singapore Food Agency.”.

Clause 346

Deletion of section 34

In the Environmental Public Health Act 1987, delete section 34.

Clause 347

Replacement of section 35 and new sections 35A and 35B

In the Environmental Public Health Act 1987, replace section 35 with —“Temporary fairs35.—

(1)

A person must not promote, organise or stage any temporary fair on any premises without a permit from the Singapore Food Agency.(2) In this section and sections 35A and 35B, “temporary fair” means a fete, garden party, carnival, bazaar or other like event held at any premises temporarily or on an occasional basis, in or at which persons occupy or have the use of barrows, tents, stalls, tables or other subdivisions from or at which goods and food, goods only, or food only, are sold, or displayed or offered, for sale by retail, but excludes a market.Disqualification from temporary fair permit35A.—

(1)

Where a permit to promote, organise or stage a temporary fair is cancelled under section 99(15) on or after the commencement of section 347 of the Food Safety and Security Act 2024, the person who was the holder of that permit is also disqualified from holding another permit under section 35, for any period (not exceeding 3 years) that the Singapore Food Agency specifies in an order.(2) Any permit under section 35 obtained by a person while disqualified under subsection (1) from obtaining such a permit is of no effect.(3) A person disqualified under subsection (1) may appeal to the Minister against the period of disqualification specified by the Singapore Food Agency in relation to the person in an order under that subsection.(4) An appeal under subsection (3) must —

(a)

be made in a prescribed manner;

(b)

specify the grounds on which it is made; and

(c)

be made within a prescribed period after the date of receipt of the order under subsection (1).(5) The Minister may determine an appeal made under subsection (3) by —

(a)

dismissing the appeal and confirming the decision of the Singapore Food Agency appealed against; or

(b)

shortening the period of disqualification.Associates of disqualified persons35B.—

(1)

Without limiting section 99, this section applies where the Singapore Food Agency is deciding any of the following:

(a)

whether an applicant should be granted a permit under section 35 to promote, organise or stage a temporary fair (called a section 35 permit);

(b)

the conditions to impose on a section 35 permit;

(c)

whether to modify any condition of a section 35 permit.(2) When making a decision mentioned in subsection (1), the Singapore Food Agency must have regard, and give such weight as the Singapore Food Agency considers appropriate, to all of the following matters:

(a)

whether —

(i)

the applicant or a holder of a section 35 permit; or

(ii)

an associate of an applicant for a section 35 permit or a holder of a section 35 permit,is or was disqualified by section 35A from holding the section 35 permit;

(b)

whether regulatory action under section 99(15) has been or is being taken or is contemplated against an applicant for or a holder of a section 35 permit.(3) For the purposes of subsection (2)(a)(ii), a person (A) is an associate of another person (B) if —

(a)

A is B’s spouse; (b)A is a relative of B or B’s spouse;

(c)

A is the spouse of a relative of B, or B’s spouse;

(d)

A is a partner of B with whom A is in a partnership;

(e)

A is a spouse or relative of any individual with whom B is in a partnership;

(f)

Amendment of section 42A

In the Environmental Public Health Act 1987, in section 42A(1) —

(a)

delete paragraphs (a) and (b); and

(b)

in paragraph (e), delete “or by any itinerant hawker”.

Clause 352

Deletion of Part 9

In the Environmental Public Health Act 1987, delete Part 9.

Clause 353

Amendment of section 82

In the Environmental Public Health Act 1987, in section 82(3), replace “Director‑General, Food Administration” with “Singapore Food Agency”.

Clause 354

Amendment of section 84A

In the Environmental Public Health Act 1987, in section 84A —

(a)

in the section heading, delete “or 9”;

(b)

in subsections (1) and (5), replace “Director‑General, Food Administration made under Part 4 or 9” with “Singapore Food Agency made under Part 4”;

(c)

in subsection (2)(a) and (b), replace “Director‑General, Food Administration” with “Singapore Food Agency”; and

(d)

in subsection (2), replace paragraph (c) with —“(c)substitute or vary the notice, order or decision appealed against and make any notice, order or decision which the Singapore Food Agency is competent to make under Part 4.”.

Clause 355

Amendment of section 91

In the Environmental Public Health Act 1987, in section 91(1), delete “or 80A”.

Clause 356

Amendment of section 99

In the Environmental Public Health Act 1987, in section 99 —

(a)

in subsection (3), after “under subsection (2)”, insert “or is disqualified under section 35A”;

(b)

in subsection (18), replace “Parts 4 and 9 by the Director‑General, Food Administration” with “Part 4 by the Singapore Food Agency”;

(c)

in subsection (18)(b), replace “Director‑General, Food Administration” with “Singapore Food Agency”; and

(d)

in subsection (18)(e), replace “Parts 4 and 9” with “Part 4”.

Clause 357

Amendment of section 108A

In the Environmental Public Health Act 1987, in section 108A —

(a)

replace “Parts 4 and 9 by the Director‑General, Food Administration” with “Part 4 by the Singapore Food Agency”;

(b)

in paragraph (a), replace “Director‑General, Food Administration” with “Singapore Food Agency”; and

(c)

in paragraph (d), replace “Parts 4 and 9” with “Part 4”.

Clause 358

Amendment of section 110

In the Environmental Public Health Act 1987, in section 110 —

(a)

in subsection (1), replace “Parts 4 and 9” with “Part 4”; and

(b)

in subsection (2), delete “or 9”.

Clause 359

Amendment of section 111

In the Environmental Public Health Act 1987, in section 111(4), replace “sections 42A and 80A” with “section 42A”.

Clause 360

Deletion of First Schedule

In the Environmental Public Health Act 1987, delete the First Schedule.

Clause 361

Amendment of long title

In the Feeding Stuffs Act 1965, in the long title, after “for animals and birds”, insert “which are not food producing animals”.

Clause 362

Amendment of section 1

In the Feeding Stuffs Act 1965, in section 1, after “Feeding Stuffs”, insert “(Pets and Non‑food Producing Animals)”.

Clause 363

Amendment of section 2

(1)

In the Feeding Stuffs Act 1965, in section 2 —

(a)

after the definition of “authorised officer”, insert —“ “Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996;”;

(b)

replace the definition of “Director‑General” with —“ “Director‑General” has the meaning given by section 3(1) of the Food Safety and Security Act 2024;”; and

(c)

after the definition of “feed concentrate”, insert —“ “food producing animal” has the meaning given by section 3(1) of the Food Safety and Security Act 2024;”.

(2)

In the Feeding Stuffs Act 1965, in section 2 (as amended by subsection (1)) —

(a)

delete the definitions of “Agency” and “simple feed”;

(b)

in the definition of “animal feed”, after “feeding of animals”, insert “which are not food producing animals”; and

(c)

replace the definition of “Director‑General” with —“ “Director‑General” means the Director‑General, Animal Health and Welfare appointed under section 3(1) of the Animals and Birds Act 1965;”.

Clause 364

New section 2A

(1)

In the Feeding Stuffs Act 1965, after section 2, insert —“Disapplying to animal feed for food producing animals2A. Sections 4(1)(b) and (4)(b), 5 and 7 do not apply to or in relation to animal feed which is intended to be fed directly to any food producing animal.”.

(2)

In the Feeding Stuffs Act 1965, in section 2A (as inserted by subsection (1)), replace “Sections 4(1)(b) and (4)(b), 5 and 7 do” with “This Act does”.

Clause 365

Amendment of section 3

In the Feeding Stuffs Act 1965, in section 3(2) and (5), replace “Agency” with “Board”.

Clause 366

Amendment of section 4

(1)

In the Feeding Stuffs Act 1965, in section 4 —

(a)

replace subsection (1) with —“(1) The Director‑General may issue a licence to any person —

(a)

to import any simple feeds, feed concentrates or compound feeds; or

(b)

to manufacture or process for sale any feed concentrates or compound feeds,upon an application made in the prescribed form and the payment of such fees as may be prescribed.”; and

(b)

replace subsection (4) with —“(4) A person must not —

(a)

import any simple feeds, feed concentrates or compound feeds; or

(b)

manufacture or process for sale any feed concentrates or compound feeds,without a licence issued under subsection (1).”.

(2)

In the Feeding Stuffs Act 1965, in section 4 (as amended by subsection (1)) —

(a)

replace subsection (1) with —“(1) The Director‑General may issue a licence to any person to manufacture or process for sale any feed concentrates or compound feeds, upon an application made in the prescribed form and the payment of such fees as may be prescribed.”; and

(b)

replace subsection (4) with —“(4) A person must not manufacture or process for sale any feed concentrates or compound feeds without a licence issued under subsection (1).”.

Clause 367

Amendment of section 6

In the Feeding Stuffs Act 1965, in section 6, delete “simple feeds,”.

Clause 368

Amendment of section 8

In the Feeding Stuffs Act 1965, in section 8(1)(a), replace “, processing for sale or sale of simple feeds,” with “or processing for sale of animal feed,”.

Clause 369

Amendment of section 9

In the Feeding Stuffs Act 1965, in section 9 —

(a)

in the section heading, replace “Agency” with “Board”; and

(b)

replace “Agency” with “Board”.

Clause 370

Amendment of section 10

In the Feeding Stuffs Act 1965, in section 10 —

(a)

in subsection (4), delete “simple feed,”; and

in paragraph (j), delete “fish culturist or”;

(e)

delete paragraphs (o) and (p); and

(f)

Amendment of section 4

In the Infectious Diseases Act 1976, in section 4(1), (1A) and (2), delete “, the Director‑General, Food Administration”.

Clause 379

Amendment of section 5

In the Infectious Diseases Act 1976, in section 5, delete “, the Director‑General, Food Administration”.

Clause 380

Amendment of section 21I

In the Infectious Diseases Act 1976, in section 21I(1), (2) and (3), delete “, the Director‑General, Food Administration”.

Clause 381

Amendment of section 29

In the Infectious Diseases Act 1976, in section 29(1) and (2), delete “, the Director‑General, Food Administration” wherever it appears.

Clause 382

Deletion of sections 38 and 39

In the Infectious Diseases Act 1976, delete sections 38 and 39.

Clause 383

Amendment of section 42

In the Infectious Diseases Act 1976, in section 42(1), (2), (3) and (4), delete “, the Director‑General, Food Administration”.

Clause 384

Amendment of section 44

In the Infectious Diseases Act 1976, in section 44(1) and (2), delete “, the Director‑General, Food Administration”.

Clause 385

Amendment of section 55A

In the Infectious Diseases Act 1976, in section 55A(1), delete “, the Director‑General, Food Administration” wherever it appears.

Clause 386

Amendment of section 57

In the Infectious Diseases Act 1976, in section 57(1) and (2), delete “, the Director‑General, Food Administration”.

Clause 387

Amendment of section 63

In the Infectious Diseases Act 1976, in section 63(1) and (2), delete “, the Director‑General, Food Administration” wherever it appears.

Clause 388

Amendment of section 67

In the Infectious Diseases Act 1976, in section 67, delete “, the Director‑General, Food Administration”.

Clause 389

Amendment of section 68

In the Infectious Diseases Act 1976, in section 68 —

(a)

in subsection (1), delete “or (3)”;

(b)

delete subsection (3); and

(c)

in subsection (4), replace “subsection (1), (2) or (3)” with “subsection (1) or (2)”.

Clause 390

Amendment of section 2

In the National Parks Board Act 1996, in section 2, replace the definition of “animal‑related services” with —“ “animal‑related services” includes any of the following activities:

(a)

bathing, grooming or clipping of animals;

(b)

treatment, vaccination or inoculation of animals;

(c)

providing accommodation or boarding to or training of animals;

(d)

exhibiting (whether or not for sale) of animals;

(e)

trapping, restraining or immobilising animals,but excludes any of those activities if involving a food producing animal within the meaning of the Food Safety and Security Act 2024;”.

Clause 391

Amendment of section 10L

In the Sale of Food Act 1973, in section 10L —

(a)

replace paragraph (e) with —“(e)the Feeding Stuffs (Pets and Non‑food Producing Animals) Act 1965;”; and

(b)

after paragraph (f), insert —“(fa)the Food Safety and Security Act 2024;”.

Clause 392

Deletion of provisions relating to food safety offences

In the Sale of Food Act 1973 —

(a)

delete Parts 3 and 5;

(b)

delete sections 23, 31, 32, 33, 34 and 43;

(c)

in section 40(1), replace “, advertising or sale” with “or advertising”;

(d)

in section 40(2), replace “, advertise or sell” with “or advertise”;

(e)

in section 40(4), replace “Without affecting section 32, in” with “In”;

(f)

in section 56(1), delete paragraphs (a), (b), (c), (d), (e), (i), (j), (l) and (o); and

(g)

in section 56(1), replace paragraph (m) with —“(m)to prohibit or regulate the import of separated or skimmed milk or filled milk or whey;”.

Clause 393

Deletion of provisions relating to food safety measures

In the Sale of Food Act 1973 —

(a)

in section 2, in the definition of “requirement of this Act”, in paragraph (c), insert “or” at the end;

(b)

in section 2, in the definition of “requirement of this Act”, delete paragraph (d);

(c)

in section 2, delete the definitions of “unsafe” and “unsuitable”;

(d)

delete sections 2C and 2D;

(e)

delete Part 2A; and

(f)

in section 45(1), replace “sections 10J and 46(14)” with “section 46(14)”.

Clause 394

Deletion of provisions relating to marketing and public health promotion

In the Sale of Food Act 1973 —

(a)

in section 40(1) (as amended by section 392), delete “or advertising”;

(b)

in section 40(2) (as amended by section 392), delete “or advertise”;

(c)

in section 56(1), replace paragraph (k) with —“(k)prohibiting or regulating the promotion or advertising of food or food contact articles other than for the purpose of public health;”; and

(d)

in section 56(1), delete paragraph (n).

Clause 395

Repeal

Repeal the Sale of Food Act 1973.

Clause 396

Amendment of section 2

In the Singapore Food Agency Act 2019, in section 2 —

(a)

delete the definition of “animal”;

(b)

after the definition of “Deputy Chairperson”, insert —“ “Director‑General, Food Security” has the meaning given by section 3(1) of the Food Safety and Security Act 2024;”;

(c)

in the definition of “food”, replace “section 2A of the Sale of Food Act 1973” with “section 4 of the Food Safety and Security Act 2024”;

(d)

in the definition of “food business”, replace “section 2B of the Sale of Food Act 1973” with “section 5 of the Food Safety and Security Act 2024”;

(e)

in the definition of “food industry”, in paragraph (b), replace sub‑paragraph (i) with —“(i)any primary production activity;”;

(f)

in the definition of “food industry”, in paragraph (b)(ii), replace “the supply of food” with “the food supply chain”; and

(g)

replace the definitions of “primary produce” and “production of primary produce” with —“ “primary production activity” has the meaning given by section 15 of the Food Safety and Security Act 2024;”.

Clause 397

Amendment of section 5

In the Singapore Food Agency Act 2019, in section 5 —

(a)

in subsection (1), replace paragraph (a) with —“(a)to regulate the primary production activities and the production of animal feed to ensure the safety and resilience of food supply;”;

(b)

in subsection (1)(b), (d), (e) and (g), replace “support regulation of” with “regulate”;

(c)

in subsection (1)(h), replace “food supply resilience” with “food supply chain resilience and food security in Singapore”;

(d)

in subsection (1), after paragraph (h), insert —“(ha)to support the Government’s ability to maintain a minimum quantity of stocks of certain foods and agri‑food production inputs in Singapore to ensure food security in Singapore by undertaking, as an agent of the Government, the procurement, holding, distribution and disposal of those foods and agri‑food production inputs;

(hb)to support the Director‑General, Food Security in the administration of Part 2 of the Food Safety and Security Act 2024 and the minimum stockholding requirement for the holding in Singapore of a minimum quantity of stocks of certain foods and agri‑food production inputs in Singapore;

(hc)to act as an agent of the Government in the collection and recovery of any MSR charge (as defined in section 3(1) of the Food Safety and Security Act 2024) payable under Part 2 of that Act;

(hd)to prevent or reduce the impact of disruptions in the food supply chain on food security in Singapore;

(he)to increase production of primary produce on a sustainable basis in Singapore so as to contribute to food security in Singapore;”;

(e)

in subsection (1)(l) and (m), replace “food supply” with “food security in Singapore”;

(f)

in subsection (1)(n) and (p), after “food safety,”, insert “food security in Singapore,”; and

(g)

in subsection (2), replace paragraph (b) with —“(b)the food security factors and the need to enhance resilience of the agri‑food supply chain for Singapore;”.

Clause 398

Amendment of section 6

In the Singapore Food Agency Act 2019, in section 6(2), replace paragraph (a) with —“(a)to enter into contracts, agreements or arrangements —

(i)

for itself; or

(ii)

for the Government,in order for the Government or the Agency to maintain a minimum quantity of stocks of certain foods and agri‑food production inputs in Singapore or to otherwise ensure food security in Singapore;

(aa)to manage and administer contracts, agreements or arrangements mentioned in paragraph (a)(ii) to which the Government is party so as to ensure that contractual obligations and activities are performed by all parties to the contract;”.

Clause 399

Amendment of section 2

In the Weights and Measures Act 1975, in section 2(1), in the definition of “food”, replace “the Sale of Food Act 1973” with “section 4 of the Food Safety and Security Act 2024”.

Clause 400

Amendment relating to misleading labels

In the Wholesome Meat and Fish Act 1999, in section 23(1)(f), delete “or which has been labelled with any information that is false, inaccurate or misleading”.

Clause 401

Amendment relating to product unfit for human consumption

In the Wholesome Meat and Fish Act 1999, in section 23(1)(h), delete “diseased, adulterated or unfit for human consumption or which is otherwise”.

Clause 402

Validation

(1)

Every amount collected as, or purportedly as —

(a)

a fee for a permit under the Wholesome Meat and Fish Act 1999 to import frozen, chilled or processed meat products;

(b)

an application fee for a licence under the Wholesome Meat and Fish Act 1999 to operate a slaughterhouse, a meat or fish processing establishment or a cold store;

(c)

an application fee for a licence under the Sale of Food Act 1973 to carry on a non‑retail food business in the form of operating a food processing establishment; or

(d)

a fee for the issue by the Agency (or its predecessor) of a certificate relating to any food or animal feed intended for export to a foreign country, attesting to matters in respect of which the foreign country requires certification before the food or animal feed may be imported into that foreign country from Singapore,shall be, and taken to always to have been, by force of this section, validly collected, and no legal proceedings shall lie or be instituted on or after 12 November 2024 in any court on account of or in respect of any such collection or payment of the amount.

(2)

No legal proceedings shall lie or be instituted on or after 12 November 2024 in any court on account of or in respect of any collection or payment of any amount mentioned in subsection (1).

(3)

However, nothing in subsections (1) and (2) applies to, or may be construed to affect —

(a)

any decision or judgment issued by any court given before 12 November 2024; or

(b)

any proceedings before any court commenced before 12 November 2024,in relation to the liability of any person to pay any sum mentioned in subsection (1).

Clause 403

Repeal

Repeal the Wholesome Meat and Fish Act 1999.

Clause 404

New section 9A

In the Wildlife Act 1965, after section 9, insert —“Freeze on written approval to import9A.—

(1)

This section applies for the period of time where a directive made under section 70 of the Food Safety and Security Act 2024 is in force, banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore (called the freeze period).(2) During the freeze period of a directive made under section 70 of the Food Safety and Security Act 2024, the Director‑General —

(a)

must not grant under section 9 any written approval that is for the import of any living wildlife if the written approval authorises an import that would be inconsistent with the directive; and

(b)

may cancel or suspend any written approval granted under section 9 for the import during the freeze period of any living wildlife that is inconsistent with the directive.(3) Before exercising any powers under subsection (2)(b), the Director‑General must give notice to the holder of the written approval concerned —

(a)

stating that the Director‑General proposes to cancel or suspend the written approval in the manner as specified in the notice; and

(b)

specifying the time (being not less than 3 days starting the date of service of notice on such holder) within which written representations may be made to the Director‑General with respect to the proposed cancellation or suspension of the written approval, as the case may be.(4) Upon receipt of any written representation referred to in subsection (3)(b), the Director‑General must consider the written representation and may —

(a)

reject the written representation;

(b)

decline to cancel or suspend the written approval; or

(c)

suspend the written approval in lieu of cancelling it,and, in any event, the Director‑General must give written notice to that holder of the written approval of his or her decision.”.

Clause 405

Saving and transitional provisions

(1)

The Second Schedule has effect.

(2)

For a period of 2 years after the commencement of this section, the Minister may, by order in the Gazette, amend the Second Schedule by prescribing any additional provisions of a saving or transitional nature consequent on the enactment of any section in this Act that the Minister may consider necessary or expedient.

(3)

Nothing in this section or the Second Schedule affects section 16 of the Interpretation Act 1965.

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.

Schedule 2

Saving and transitional provisions

SECOND SCHEDULESection 405Saving and transitional provisionsIncumbent authorised officers, etc.

1. An individual who, immediately before the commencement of section 278 is appointed —

(a)

an authorised officer under section 3(2) of the Sale of Food Act 1973 for the purposes of that Act;

(b)

an authorised officer under section 3(2) of the Wholesome Meat and Fish Act 1999 for the purposes of that Act;

(c)

an authorised officer under section 3(2) of the Feeding Stuffs Act 1965 for the purposes of that Act; or

(d)

an authorised officer under section 31W(2) of the Environmental Public Health Act 1987 for the purposes of Part 4 or 9 of that Act,continues to hold that office as if the individual were appointed under section 278 as an authorised officer for the purposes of this Act, and their respective appointments are to expire on the day the appointment would have expired if this Act had not been enacted unless the appointment is earlier revoked.Incumbent authorised analysts

2. An individual who, immediately before the commencement of section 287, is appointed an authorised analyst under section 3(3) of the Sale of Food Act 1973 continues to hold office as if the person were appointed an analyst under section 287, and his or her appointment is to expire on the day his or her appointment would have expired if this Act had not been enacted.Existing licences: transitional for Part 33.—

(1)

Every licence that —

(a)

is a licence under section 7 of the Control of Plants Act 1993 authorising the import for sale, supply or distribution, or the transhipment, of fresh fruits or vegetables stated in the licence;

(b)

is granted under section 31 of the Control of Plants Act 1993, before the commencement of section 47; and

(c)

is in force immediately before the commencement of section 47,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to import in the course of business those fresh fruits or vegetables; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.(2) Every licence that —

(a)

is a licence under section 4 of the Feeding Stuffs Act 1965 authorising the import of animal feed stated in the licence;

(b)

is issued under section 4(1) of the Feeding Stuffs Act 1965, before the commencement of section 47; and

(c)

is in force immediately before the commencement of section 47,continues, so far as it is not inconsistent with the provisions of this Act, as if it were an import consignment permit granted under section 293 read with section 79, authorising that person to import that animal feed; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 84.(3) Every licence that —

(a)

is a licence under section 5(1) of the Wholesome Meat and Fish Act 1999 authorising the import of any meat or meat product or fish or fish product stated in that licence;

(b)

is granted under section 7(4) of the Wholesome Meat and Fish Act 1999, before the commencement of section 47; and

(c)

is in force immediately before the commencement of section 47,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to import in the course of business that meat or meat product or fish or fish product, as the case may be; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.(4) Every licence that —

(a)

is a licence under section 5(1) of the Wholesome Meat and Fish Act 1999 authorising the export of any meat or meat product or fish or fish product from Singapore stated in that licence;

(b)

is granted under section 7(4) of the Wholesome Meat and Fish Act 1999, before the commencement of section 51; and

(c)

is in force immediately before the commencement of section 51,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to export in the course of business that meat or meat product or fish or fish product, as the case may be; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.(5) Every licence that —

(a)

is a licence under section 5(1) of the Wholesome Meat and Fish Act 1999 authorising the transhipment of any meat or meat product or fish or fish product in Singapore stated in that licence;

(b)

is granted under section 7(4) of the Wholesome Meat and Fish Act 1999, before the commencement of section 55; and

(c)

is in force immediately before the commencement of section 55,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence granted under section 293 read with section 78, authorising that person to import and export in the course of business that meat or meat product or fish or fish product, as the case may be; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 83.Existing permits: transitional for Part 34.—

(1)

Every permit that —

(a)

is a permit under section 8 of the Control of Plants Act 1993 authorising the import of fresh fruits or vegetables stated in that permit;

(b)

is issued under section 31 of the Control of Plants Act 1993, before the commencement of paragraph (a)(i) of the definition of “import‑controlled item” in section 42(1); and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were an import consignment permit granted under section 293 read with section 79, authorising that person to import those fresh fruits or vegetables, as the case may be; and that permit remains in effect for the period it was originally issued unless earlier cancelled under section 84.(2) Every permit that —

(a)

is a permit granted under section 7(4) of the Wholesome Meat and Fish Act 1999 that is —

(i)

a permit under section 6(1) authorising the import of any meat or meat product or fish or fish product stated in that permit;

(ii)

a permit under section 6(2) authorising the export of any meat or meat product or fish or fish product from Singapore stated in that permit; or

(iii)

a permit under section 6(3) authorising the transhipment of any meat product or fish product in Singapore stated in that permit;

(b)

is granted, before the commencement of paragraph (a)(ii) and (iii) of the definition of “import‑controlled item” in section 42(1); and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were one of the following permits under Part 3 corresponding thereto, granted under section 293 read with section 79; and that permit remains in effect for the period it was originally issued unless earlier cancelled under section 84:

(d)

an import consignment permit authorising that person to import that meat or meat product or fish or fish product;

(e)

an export consignment permit authorising that person to export that meat or meat product or fish or fish product from Singapore;

(f)

a transhipment consignment permit authorising that person to tranship that meat or meat product or fish or fish product in Singapore.Existing licences: transitional for Part 45.—

(1)

Every licence that —

(a)

is a licence to keep or maintain a farm for keeping, rearing or breeding of food producing animals at premises stated in the licence;

(b)

is issued, before the commencement of section 102, under the Animals and Birds Act 1965; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 1 of Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(2) Every licence that —

(a)

is a licence to keep and maintain a farm for cultivating any plant for human consumption on any premises stated in the licence;

(b)

is issued, before the commencement of section 102, under the Control of Plants Act 1993; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 1 of Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(3) Every licence that —

(a)

is a licence required by —

(i)

section 32 of the Environmental Public Health Act 1987; or

(ii)

section 33 of the Environmental Public Health Act 1987 to hawk, sell or expose for sale any food of any kind;

(b)

is granted, before the commencement of section 102, under section 99 of the Environmental Public Health Act 1987; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a corresponding licensable food business described in Part 1 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(4) Every licence that —

(a)

is a licence required by section 36 of the Environmental Public Health Act 1987 to use any building, situation or place stated in the licence as a private market;

(b)

is granted, before the commencement of section 102, under section 99 of the Environmental Public Health Act 1987; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 7 of Part 1 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(5) Every licence that —

(a)

is a licence to erect, operate or maintain a fish culture farm at premises stated in the licence;

(b)

is issued, before the commencement of section 102, under the Fisheries (Fish Culture Farms) Rules (R 7); and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 1 of Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(6) Every licence that —

(a)

is a licence required by section 21 of the Sale of Food Act 1973 to carry on a non‑retail food business at any premises stated in the licence;

(b)

is granted, before the commencement of section 102, under section 46 of the Sale of Food Act 1973; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92, to carry on a corresponding licensable food business mentioned in Part 2 of the First Schedule, at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.(7) Every licence that —

(a)

is a licence required under section 11(1)(a) or 12(1) of the Wholesome Meat and Fish Act 1999 authorising —

(i)

the slaughter of any animal which is intended for human consumption on any premises stated in that licence; or

(ii)

the use of any premises stated in that licence as a processing establishment or a cold store;

(b)

is granted, before the commencement of section 102, under section 13(2) of the Wholesome Meat and Fish Act 1999; and

(c)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 4 granted under section 293 read with section 92 to carry on a licensable food business described in item 3 or 5 of Part 2 of the First Schedule (as the case may be) at those premises; and that licence remains in effect for the period it was originally issued unless earlier revoked under section 96.Saving, etc., for importers of eggs6.—

(1)

Despite sections 47 and 48, any person who, immediately before the commencement of those sections, imports eggs or egg products in the course of business may continue to import eggs or egg products —

(a)

for 2 months after that commencement; or

(b)

if within the period in sub‑paragraph (a) the person applies for a licence under Part 3 to import eggs or egg products in the course of business, for a further period ending on the happening of the earlier of the following:

(i)

the date on which the Agency grants the licence under Part 3 to the person under section 293 read with section 78;

(ii)

the date that the application is refused by the Agency or is withdrawn.(2) For the purposes of sub‑paragraph (1), a person is to be treated as importing eggs or egg products in the course of business if, immediately before the commencement of sections 47 and 48, the person is registered with the Agency as an importer of those eggs or egg products.(3) Every licence that —

(a)

is granted, before the commencement of paragraph (a)(iv) of the definition of “import‑controlled item” in section 42(1), under section 8 of the Animals and Birds Act 1965 to a person for the import or transhipment of any egg; and

(b)

is in force immediately before that commencement,continues, so far as it is not inconsistent with the provisions of this Act, as if it were an import consignment permit granted under section 293 read with section 79, authorising that person to import those eggs; and that licence remains in effect for the period it was originally granted unless earlier cancelled under section 84.Saving for importers of processed food, etc.7.—

(1)

Despite sections 47 and 48, any person who, immediately before the commencement of those sections, imports any relevant food or regulated food contact article in the course of business, may continue to import that relevant food or regulated food contact article —

(a)

for 2 months after that commencement; or

(b)

if within the period in sub‑paragraph (a) the person applies for a licence under Part 3 to import in the course of business that relevant food or regulated food contact article, for a further period ending on the happening of the earlier of the following:

(i)

the date on which the Agency grants the licence under Part 3 to the person under section 293 read with section 78;

(ii)

the date that the application is refused by the Agency or is withdrawn.(2) For the purposes of sub‑paragraph (1), a person is to be treated as importing any relevant food or regulated food contact article in the course of business if, immediately before the commencement of sections 47 and 48, the person is registered with the Agency as an importer of any relevant food or regulated food contact article.(3) In sub‑paragraph (1), “relevant food” means any food that is none of the following:

(a)

a meat or a meat product;

(b)

a fish or a fish product;

(c)

an egg or an egg product;

(d)

a fresh fruit or a vegetable;

(e)

a prohibited food.Existing licences: transitional for Part 118.—

(1)

Every individual who, immediately before the commencement of section 214, is certified as a pesticide operator under section 12 of the Control of Plants Act 1993, is treated as if appointed under section 211 as a certified pesticide operator; and his or her appointment is to expire on the day his or her certification under the Control of Plants Act 1993 would have expired if this Act had not been enacted or his or her appointment is earlier cancelled under section 213.(2) Every plant pesticide that is, immediately before the commencement of section 215, registered with the Director‑General, Plant Health under section 14 of the Control of Plants Act 1993 is to be treated as a plant pesticide product registered under section 205.(3) Every licence that —

(a)

is a licence under section 4 of the Feeding Stuffs Act 1965 authorising the manufacture or processing for sale of animal feed stated in the licence;

(b)

is issued, before the commencement of section 202, under section 4(1) of the Feeding Stuffs Act 1965; and

(c)

is in force immediately before the commencement of section 202,continues, so far as it is not inconsistent with the provisions of this Act, as if it were a licence under Part 11 to produce that animal feed granted under section 293 read with section 192; and that licence remains in effect for the period it was originally granted unless earlier revoked under section 196.Pending regulatory proceedings9.—

(1)

Sections 83 and 295 do not apply to any proceedings with a view to suspension or revocation of a licence mentioned in paragraph 3(1), (3), (4) or (5) that are —

(a)

started in exercise of powers under the Control of Plants Act 1993 or the Wholesome Meat and Fish Act 1999; and

(b)

pending immediately before the commencement of section 83,and those proceedings may be continued under the Control of Plants Act 1993 or the Wholesome Meat and Fish Act 1999 as if this Act had not been enacted.(2) Sections 84 and 295 do not apply to any proceedings with a view to cancellation of a licence mentioned in paragraph 3(2) or a permit mentioned in paragraph 4 that are —

(a)

started in exercise of powers under the Control of Plants Act 1993, the Feeding Stuffs Act 1965 or the Wholesome Meat and Fish Act 1999; and

(b)

pending immediately before the commencement of section 84,and those proceedings may be continued under the Control of Plants Act 1993, the Feeding Stuffs Act 1965 or the Wholesome Meat and Fish Act 1999 as if this Act had not been enacted.(3) Sections 96 and 295 do not apply to any proceedings with a view to suspension or revocation of a licence mentioned in paragraph 5 that are —

(a)

started in exercise of powers under the Animals and Birds Act 1965, the Control of Plants Act 1993, the Environmental Public Health Act 1987, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999; and

(b)

pending immediately before the commencement of section 96,and those proceedings may be continued under the Animals and Birds Act 1965, the Control of Plants Act 1993, the Environmental Public Health Act 1987, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as if this Act had not been enacted.(4) Sections 196 and 295 do not apply to any proceedings with a view to suspension or revocation of a licence mentioned in paragraph 8(3) that are —

(a)

started in exercise of powers under the Feeding Stuffs Act 1965; and

(b)

pending immediately before the commencement of section 196,and those proceedings may be continued under the Feeding Stuffs Act 1965 as if this Act had not been enacted.(5) Section 209 does not apply to any proceedings with a view to cancellation of a registration of a plant pesticide product mentioned in paragraph 8(2) that are —

(a)

started in exercise of powers under the Control of Plants Act 1993; and

(b)

pending immediately before the commencement of section 209,and those proceedings may be continued under the Control of Plants Act 1993 as if this Act had not been enacted.(6) Sections 213 and 295 do not apply to any proceedings with a view to suspension or cancellation of a certification as a pesticide operator mentioned in paragraph 8(1) that are —

(a)

started in exercise of powers under section 13 of the Control of Plants Act 1993; and

(b)

pending immediately before the commencement of section 209,and those proceedings may be continued under those provisions of the Control of Plants Act 1993 as if this Act had not been enacted.Pending appeals10.—

(1)

Part 12 does not apply to any appeal made to a Minister that —

(a)

has been made —

(i)

before the commencement of section 326, under section 62(4) of the Animals and Birds Act 1965 against a suspension or revocation of a licence or permit licence to keep or maintain a farm for keeping, rearing or breeding of food producing animals;

(ii)

before the commencement of section 333, under section 33 of the Control of Plants Act 1993 against a refusal to issue or renew, or a revocation or suspension of, a licence or permit;

(iii)

before the commencement of section 345, under section 84A or 99(16) of the Environmental Public Health Act 1987 against a decision of the Director‑General mentioned in either section 32 or 33 of that Act (except in relation to a permit to promote, organise or stage a temporary fair or a licence to hawk, sell or expose for sale any goods of any kind but not any food);

(iv)

before the commencement of section 371, under section 6(3) of the Fisheries Act 1966 against a refusal to grant or to revoke a licence to erect, operate or maintain a fish culture farm, or a variation or imposition of any condition on such a licence; or

(v)

before the commencement of section 393(e), under section 10J of the Sale of Food Act 1973; and

(b)

has not been dealt with or disposed of immediately before the relevant commencement,and that appeal may continue to be dealt with under the relevant Act mentioned in sub‑paragraph (a)(i), (ii), (iii), (iv) or (v) as if the section mentioned in that sub‑paragraph had not been enacted.(2) Section 326 does not apply to any appeal made under section 62(4) of the Animals and Birds Act 1965 against any decision revoking or suspending any licence granted under section 8 of that Act, where the decision is made before the commencement of section 326.Food safety measures under Sale of Food Act 197311.—

(1)

Despite section 393(e), every direction that is given by the Director‑General under Part 2A of the Sale of Food Act 1973 before the commencement of Division 2 of Part 7, and is in effect immediately before that commencement, continues in effect so far as it is not inconsistent with the provisions of Division 2 of Part 7, and is deemed to have been given under the corresponding provisions of Division 2 of Part 7.(2) Except as otherwise expressly provided by or under this Act, where any period of time specified in any direction mentioned in sub‑paragraph (1) is current immediately before the commencement of section 393(e), this Act has effect as if the corresponding provision in Division 2 of Part 7 had been in force when the period began to run; and any period of time so specified and current is deemed for the purposes of this Act —

(a)

to run from the date or event from which it was running immediately before that commencement; and

(b)

to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted.Saving for compoundable offences

12. Where any offence under any of the following is a compoundable offence under any written law as in force on the date of the alleged commission of the offence:

(a)

Part 2 of the Control of Plants Act 1993 or any subsidiary legislation made for the purpose of that Part;

(b)

section 34(a) of the Control of Plants Act 1993 in relation to section 10, 11(1) or (2) or 41 of that Act;

(c)

Part 4 or 9 of the Environmental Public Health Act 1987 or any subsidiary legislation made under that Act for the purposes of any of those Parts;

(d)

section 13(2) of the Fisheries Act 1966 in relation to the breach of any condition subject to which any fish culture farm licence has been issued;

(e)

the Sale of Food Act 1973 or any subsidiary legislation made under that Act;

(f)

the Wholesome Meat and Fish Act 1999 or any subsidiary legislation made under that Act,the person authorised under that written law to compound the offence may, despite a repeal or amendment of that written law by any provision in Part 17, continue to compound that offence in accordance with that written law as if this Act had not been enacted.

Food Safety and Security Bill

About this bill

PRELIMINARY

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