Resource Sustainability Act 2019 · 2020 Revised Edition · Part 4 · Reporting in Relation to Packaging
20. Reporting of specified packaging imported or used
Feedback & supportA producer of any specified packaging who fulfils the prescribed threshold criteria in any year (T) must, in year T + 2, submit to the Agency a report relating to the specified packaging that is imported or used in year T + 1.
specified packaging
“specified packaging” means any packaging other than any type of packaging prescribed as excluded from this definition;
Where a producer is the franchisor of a franchise —
franchise
“franchise” means a written agreement or arrangement between 2 or more persons by which —(a)a party (called in this definition the franchisor) to the agreement or arrangement authorises or permits another party (called in this definition the franchisee), or a person associated with the franchisee, to exercise the right to engage in the business of offering, selling or distributing goods or services in Singapore under a plan or system controlled by the franchisor or a person associated with the franchisor; (b)the business carried on by the franchisee or the person associated with the franchisee (as the case may be) is capable of being identified by the public as being substantially associated with a trade or service mark, logo, symbol or name identifying, commonly connected with or controlled by the franchisor or a person associated with the franchisor; and(c)the franchisor exerts, or has authority to exert, a significant degree of control over the method or manner of operation of the franchisee’s business;
the annual turnover of, or the quantity of specified packaging imported or used by, all franchisees of the franchise is to be included for the purposes of determining whether the franchisor fulfils the prescribed threshold criteria; and
any reference in this Part to specified packaging imported or used by the franchisor includes a reference to specified packaging imported or used by all the franchisees of the franchise.
Where (but for this subsection) a producer is required to submit a report under subsection (1), and —
the producer is a franchisee of a franchise; and
the franchisor of the franchise is a Singapore‑connected person,then subsection (1) does not apply to the franchisee.
A person who contravenes subsection (1) shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $5,000; and
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.
The offence under subsection (4) is a strict liability offence.