Singapore legislation
Section 2E
Section 2E
Meaning of “sell”
(1)
In this Act, “sell” includes carrying on any of the following activities, or a combination of those activities, in relation to food for human consumption or to a food contact article:
bartering; (b)offering for sale or attempting to sell; (c)receiving, or having in possession, for sale; (d)displaying for sale; (e)causing or permitting to be sold or offered or displayed for sale;
sending, forwarding or delivering for sale;
disposing of by any method for valuable consideration;
disposing of to an agent for sale on consignment;
supplying as 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;
disposing of by way of raffle, lottery or other game of chance;
offering as a prize or reward;
offering or giving away for the purpose of advertisement or in furtherance of any trade or business;
supplying 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 supplied and the accommodation, service or entertainment;
supplying food (whether or not for consideration) in the course of providing services —
to patients in hospitals, hospices and other residential care facilities like nursing homes;
to children or other individuals in the care or custody of the supplier by virtue of any Act; or
to prisoners or inmates in prisons or other places for the detention of individuals under any Act; (o)supplying anything of which any food forms a part;
selling for the purpose of resale for handling or human consumption.
(2)
Despite subsection (1), in this Act, “sell”, in relation to food, does not include —
exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature; or
supplying food together with accommodation to a person residing at a private residence in exchange for services or labour by the person.
(3)
For the purposes of this Act —
food that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in furtherance of trade or business is taken to have been displayed for sale by the owner of the food;
food that is donated for a charitable or benevolent purpose is not to be taken to be food that was given away for the purpose of advertisement or in furtherance of trade or business;
food which 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;
food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and
food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as a sale, offer for sale or display for sale of the food for human consumption.