§ 176 — Remedial notices

176.—(1) This section applies if a Part 9 enforcement officer reasonably believes —(a)

a person —(i)

is contravening a provision of any Part 9 Regulations; or

(ii)

has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;

(b)

a matter relating to the contravention can be remedied; and

(c)

it is appropriate to give the person an opportunity to remedy the matter.

(2) The Part 9 enforcement officer may give the person in subsection (1)(a) a remedial notice requiring the person to remedy the contravention or have the contravention remedied.

(3) The remedial notice must state all of the following:(a)

that the Part 9 enforcement officer reasonably believes the person the notice is addressed to —(i)

is contravening a provision of any Part 9 Regulations; or

(ii)

has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;

(b)

the provision the Part 9 enforcement officer believes is being, or has been, contravened (called the relevant provision);

(c)

briefly, how it is believed the relevant provision is being, or has been, contravened;

(d)

the period in which the person must remedy the contravention or have the contravention remedied;

(e)

that it is an offence to fail to comply with the remedial notice unless the person has a reasonable excuse.

(4) The remedial notice may also state the reasonable steps that the Part 9 enforcement officer considers necessary to remedy the contravention, or to avoid further contravention, of the relevant provision.Examples of reasonable steps

Withdrawing or rectifying advertisements of foods, publishing in Singapore a rectification notice to inform the general public of non‑compliant advertisements, or suspending the sale or supply of a specific food.

(5) A Part 9 enforcement officer must keep a copy of every remedial notice given under this section.

(6) The person to whom a remedial notice is given must comply with the remedial notice unless the person has a reasonable excuse.

(7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(8) If a remedial notice is given under this section in relation to a contravention by a person of a relevant provision and the contravention is an offence, the person cannot be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the non‑compliance.

(9) A person may be prosecuted for the contravention of a relevant provision without a Part 9 enforcement officer first giving a remedial notice for the contravention.

—(1) This section applies if a Part 9 enforcement officer reasonably believes —(a)

a person —(i)

is contravening a provision of any Part 9 Regulations; or

(ii)

has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;

(b)

a matter relating to the contravention can be remedied; and

(c)

it is appropriate to give the person an opportunity to remedy the matter.

(2) The Part 9 enforcement officer may give the person in subsection (1)(a) a remedial notice requiring the person to remedy the contravention or have the contravention remedied.

(3) The remedial notice must state all of the following:(a)

that the Part 9 enforcement officer reasonably believes the person the notice is addressed to —(i)

is contravening a provision of any Part 9 Regulations; or

(ii)

has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;

(b)

the provision the Part 9 enforcement officer believes is being, or has been, contravened (called the relevant provision);

(c)

briefly, how it is believed the relevant provision is being, or has been, contravened;

(d)

the period in which the person must remedy the contravention or have the contravention remedied;

(e)

that it is an offence to fail to comply with the remedial notice unless the person has a reasonable excuse.

(4) The remedial notice may also state the reasonable steps that the Part 9 enforcement officer considers necessary to remedy the contravention, or to avoid further contravention, of the relevant provision.Examples of reasonable steps

Withdrawing or rectifying advertisements of foods, publishing in Singapore a rectification notice to inform the general public of non‑compliant advertisements, or suspending the sale or supply of a specific food.

(5) A Part 9 enforcement officer must keep a copy of every remedial notice given under this section.

(6) The person to whom a remedial notice is given must comply with the remedial notice unless the person has a reasonable excuse.

(7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(8) If a remedial notice is given under this section in relation to a contravention by a person of a relevant provision and the contravention is an offence, the person cannot be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the non‑compliance.

(9) A person may be prosecuted for the contravention of a relevant provision without a Part 9 enforcement officer first giving a remedial notice for the contravention.