Sale of Food Act 1973 · 2020 Revised Edition · Part 7 · Supplementary Provisions
40. Sale of prohibited food contact article
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
The Minister may, by notification in the Gazette, prohibit the import, advertising or sale of any food contact article which is, in the opinion of the Minister, injurious to life or health.
food contact article
“food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board;
A person must not import, advertise or sell any food contact article in contravention of any notification mentioned in subsection (1).
Any person who contravenes subsection (2) shall be guilty of an offence.
Without affecting section 32, in any proceedings for an offence under subsection (3) in relation to the publication of an advertisement in contravention of subsection (2), it is a defence to the charge for the accused to prove, on a balance of probabilities —
advertisement
“advertisement” means any of the following where used or apparently used to promote, directly or indirectly, the sale of food:(a)any words, whether written or in an audible message; (b)any still or moving picture, sign, symbol or other visual image or representation;(c)any combination of 2 or more of those things in paragraph (a) or (b),but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services;
that —
the accused was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available; and
the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or
that the accused —
carried on the business of publishing or arranging for the publication of advertisements; and
published or arranged for the publication of the advertisement in question in the ordinary course of that business.
However, subsection (4) does not apply if the accused concerned —
ought reasonably to have known that the publication of the advertisement was an offence under subsection (3); or (b)had previously been informed in writing by or on behalf of the Director‑General that publication of such an advertisement would constitute an offence under subsection (3).