Singapore legislation

Regulation 8

of Singapore Food Agency (Certification Marks) Regulations 2019

Regulation 8

Suspension or cancellation of or refusal to renew certificate

Subregulation 1

An authorised officer may suspend, cancel or refuse to renew a certificate if the authorised officer is satisfied that —

(a)

the certificate was obtained by fraud or misrepresentation;

(b)

the system, scheme or product to which the certificate holder applies or has applied the certification mark no longer conforms to the approved standard;

(c)

the certificate holder has contravened —

(i)

any provision of the Act or these Regulations; or (ii)any condition subject to which the certificate was issued; (d)the certificate holder has ceased to carry on business in relation to the system, scheme or product in respect of which the certificate holder was issued a certificate; or

(e)

the certificate holder is for any other reason not fit to continue to hold the certificate.

Subregulation 2

The authorised officer must, before suspending, cancelling or refusing to renew any certificate under paragraph (1) —

(a)

give to the certificate holder notice in writing of the authorised officer’s intention to do so and the grounds for doing so; and

(b)

in the notice mentioned in sub‑paragraph (a), call upon that person to show cause within such time as may be specified in the notice as to why that person’s certificate should not be suspended or cancelled or should be renewed.

Subregulation 3

If the person to whom a notice has been given under paragraph (2) —

(a)

fails to show cause within the period of time given to the person to do so or such extended period of time as the authorised officer may allow; or

(b)

fails to show sufficient cause,the authorised officer may give notice in writing to that person —

(c)

of the date from which the suspension or cancellation of the person’s certificate is to take effect; or

(d)

that the person’s certificate is not or is not being renewed.

Subregulation 4

While any certificate is suspended under this regulation, the certificate holder must not, for the purposes of these Regulations, be regarded as having in force a valid certificate, but immediately on the lifting or expiry of the period of suspension, the person’s certificate is revived as from the date of such lifting or expiry, as the case may be.