Section 176 — Remedial notices

(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.