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Penalty
34. Any person who —(a) contravenes or fails to comply with section 10, 11(1) and (2), 22(2) or 41; or (b) contravenes or fails to comply with any order made by the Minister under section 17(1) or 28(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Offences committed by body corporate
35. Where —(a) an offence under this Act or any rules made under this Act has been committed by a body corporate; and (b) it is proved that the offence was committed with the consent or connivance of, or attributable to any neglect by, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Offences committed by agent or employee
36. Where —(a) an offence under this Act or any rules made under this Act is committed by any person (A) —(i) acting as the agent or employee of another person (B); or (ii) being otherwise subject to the supervision or instruction of B for the purposes of any employment in the course of which the offence was committed; and (b) it is proved that the act that constituted the offence was —(i) committed with B’s consent or connivance; or (ii) attributable to B’s neglect, B shall (without affecting A’s liability) be liable for the offence in the same manner and to the same extent as if B had personally committed the offence.
General powers of authorised officers
37.—(1) For the purpose of ascertaining whether any offence under this Act or any rules made under this Act has been or is being committed, any authorised officer may, on producing, if so requested, an identification card —(a) enter and inspect any land or premises and examine any plant, plant product, package, soil or article on the land or premises at all reasonable times; (b) stop, examine, board, enter or detain any conveyance used for carrying any plant, plant product or package; (c) take, without payment, any sample of any plant, plant product or soil; (d) seize, remove or detain any plant, plant product, package, pest or soil; (e) break open any hold, compartment or container or other receptacle including any place that could be used as a receptacle; or (f) by written order require any person in Singapore whom the authorised officer has reason to believe to be acquainted with any fact or circumstance relevant to that purpose to attend before the authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.[10/2019] (2) The person mentioned in subsection (1)(f) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.[10/2019] (3) A statement made by any person examined under subsection (1)(f) 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 person.[10/2019] (4) If any person fails to attend before an authorised officer as required by an order under subsection (1)(f), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.[10/2019] (5) The owner or occupier of any land, premises or conveyance must, if requested by an authorised officer, provide reasonable assistance to the authorised officer for the purpose of the exercise of his or her powers under this section and furnish any information relating to the land or premises which is reasonably required by the authorised officer for the purposes of the discharge of his or her duties under this Act. (6) A police officer may arrest without warrant any person who has committed or whom he or she reasonably suspects to have committed an offence under this Act or any rules made under this Act —(a) if the person refuses to give his or her name and address; or (b) if there is reason to doubt the accuracy of the name and address, if given. (7) A person arrested under this section may be detained until his or her name and address are correctly ascertained, except that a person must not be detained longer than is necessary for bringing him or her before a court. (8) Any person who obstructs or hinders any authorised officer in the exercise of any of his or her powers under this Act or any rules made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (9) A person —(a) who intentionally alters, suppresses or destroys any document or information which the person has been required by or under subsection (1) to furnish; (b) who, in furnishing any document or information required by or under subsection (1), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular; or (c) who intentionally fails to comply with a lawful demand of an authorised officer in the discharge of the duties by such an officer under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [10/2019]
Power to label for identification
38.—(1) Any authorised officer may, where he or she considers it necessary for the purposes of identification, label permanently or temporarily, any consignment of plants or plant products. (2) Any person who wilfully counterfeits, alters, defaces, erases or removes any such label shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
Power to take samples for analysis
39.—(1) An authorised officer may, for the purposes of ascertaining the presence of prohibited pesticide residue and the levels of pesticide residue or toxic chemical residue contained in any fresh fruit or vegetable —(a) enter any premises at all reasonable times to take (without payment) a reasonable sample of fresh fruits or vegetables for analysis by an authorised analyst; and (b) detain the whole lot from which the sample is taken under normal storage conditions until a report of the result of the analysis is obtained. (2) A report of the result of an analysis which is signed by an authorised analyst is admissible in evidence in any proceedings under this Act or any rules made under this Act and, in the absence of evidence to the contrary, is proof of the matters stated in the report.
Power to dispose of, etc., fresh fruits and vegetables
40.—(1) Where any sample of fresh fruits or vegetables is determined by an authorised analyst to contain any prohibited pesticide residue, or any pesticide residue or toxic chemical residue exceeding the prescribed levels, the Director-General may, in his or her discretion, cause the whole lot of fresh fruits or vegetables from which the sample is taken, to be —(a) re-exported or returned to its place of origin; (b) treated in such manner as he or she may direct so as to remove or aid the dissipation of the residue to the prescribed levels; or (c) disposed of in any manner that he or she may direct. (2) The cost of, and all expenses incurred in, the re-exporting, returning, treatment or disposal under subsection (1) must be defrayed by the owner, grower or importer of the fresh fruits or vegetables.
Access to documents, books and records
41. Any person who imports for sale or supply or who grows fresh fruits or vegetables must, on demand, afford the Director-General access to, and produce, such documents, books or records relating to or reasonably believed to relate to the fresh fruits or vegetables as the Director-General may require.
Forfeiture
42.—(1) Where any person is convicted of any offence under this Act or any rules made under this Act, the court may order that any article seized under this Act or any rules made under this Act or in respect of which the offence was committed, be forfeited to the Board.[10/2019] (2) Where a person who is charged for an offence under this Act or any rules made under this Act is acquitted, the court may order any article seized under this Act or any rules made under this Act to be released to the person from whom the article was seized. (3) Where the owner of the article cannot be ascertained, the Board may confiscate the article seized.[10/2019] (4) Every article so forfeited to the Board must be disposed of in any manner that the Board thinks fit.[10/2019]
Presumption of ownership
43. Where in any proceedings under this Act or any rules made under this Act a question arises as to the ownership of any plant, plant product, pest or article, the person found in possession of the plant, plant product, pest or article is presumed to be the owner thereof until the contrary is proved.
Service of notices
44.—(1) Where under this Act or any rules made under this Act any notice, order or document is required or authorised to be served on any person, it may be served by —(a) delivering it personally or by leaving it with some adult person at the last known place of residence or business of the person to be served; (b) leaving it at the usual or last known place of residence or business of the person to be served in a cover addressed to that person, or posting it upon a conspicuous part of those premises; or (c) sending it by registered post addressed to the person to be served at the person’s usual or last known place of residence or business. (2) Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.
Protection from liability
45. No suit or other legal proceedings shall lie against the Director‑General or any authorised officer in respect of anything done or omitted to be done in the discharge of their duties under this Act or any rules made under this Act unless the thing was done or omitted to be done in bad faith.
Fees, etc., payable to Board
46. All fees, charges and moneys collected under this Act or any rules made under this Act (except composition sums) must be paid to the Board.[10/2019]
Composition of offences
47.—(1) The Director-General may compound any offence under this Act or any rules made under this Act which is prescribed as an offence which may be compounded by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000. (2) The Minister may prescribe the offences which may be compounded. (3) Where an offence is compounded under this Act or any rules made under this Act, any article seized must be forfeited to the Board.[10/2019] (4) All composition sums collected under this section must be paid into the Consolidated Fund.[10/2019]
Exemption
48. The Minister may, either generally or in any particular case, and subject to any conditions that the Minister may impose, exempt any person from all or any of the provisions of this Act or any rules made under this Act.
Rules
49.—(1) The Minister may make rules for or with respect to any matter which may be necessary or expedient for carrying out the provisions of this Act. (2) Without limiting subsection (1), rules may be made —(a) providing for the powers and duties of the authorised officers; (b) providing for matters relating to registration, licensing, certification and the issue of permits; (c) prescribing the procedure, condition or location for the import or transhipment of any fresh fruit and vegetable; (d) providing for matters relating to the taking of samples of fresh fruits and vegetables under section 39 for analysis, and for matters relating to such analysis; (e) prescribing the qualifications and practical experience of an authorised analyst; (f) prescribing the sanitary standards mentioned in section 8(1)(d); (g) providing for the inspection, observation, detention, identification, treatment, destruction, reshipment or disposal of any plant or plant product; (h) prescribing the levels of any pesticide residue or toxic chemical residue in or on any plant or plant product; (i) providing for the control and eradication of pests and preventing their spread within Singapore; (j) prescribing the manner of entry upon any land and the conduct of any examination, inspection, detention, quarantine, treatment or destruction of any plant, plant product, pest, soil or any other article on the land; (k) prohibiting or restricting the introduction into Singapore of any plant, plant product, pest, soil or package or other thing which is likely to introduce pests into Singapore; (l) prohibiting or restricting the introduction into Singapore of any prohibited plant; (m) prescribing treatment for aircraft or any other conveyance arriving from overseas and the procedure to be adopted on their arrival so as to prevent the introduction of any pest into Singapore; (n) requiring every person arriving in Singapore from overseas to give a certificate declaring in any form that may be prescribed whether he or she has any plant, plant product, fungus, bacterium, virus or micro-organism or any insect, mite or other invertebrate animal or any soil in his or her possession; (o) providing for the inspection, observation, disinfection, treatment, destruction, reshipment or disposal of any plant introduced into Singapore and the progeny of any such plant or any soil, package or other thing; (p) providing for the control of plants kept or grown in isolation or under quarantine conditions; (q) prescribing the areas within Singapore where any plant, plant product, pest or package may be landed; (r) providing for the detention or the quarantine of any plant, plant product or package suspected of harbouring any pest and prescribing the treatment or the destruction thereof; (s) regulating the use of any pesticide in the cultivation of plants; (t) prescribing the qualifications and practical experience of a certified pesticide operator; (u) providing for matters relating to the registration, labelling, packing, use, storage, disposal and record keeping of any pesticide used in the cultivation of plants; (v) providing for the licensing, control, supervision and inspection of any land or premises on which any plant or plant product is grown, produced, processed, sold, stored or used, including prescribing the records that must be kept by a licensed grower or other licensee and the provision of returns and other information by licensed growers or other licensees to the Director‑General with respect to fresh fruits or vegetables which are the subject of the activity authorised by the licence; (w) providing for the registration, control and supervision of any accredited pest control agency; and (x) prescribing the forms, fees or registers for the purposes of this Act.[10/2019] (3) The Minister may, in any rules made under this Act, provide that any contravention of or failure to comply with any provision in the rules shall be an offence and may prescribe a penalty for any such offence of a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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