§ 179 — Misleading or deceptive conduct in the course of food business

179.—(1) A person commits an offence if the person, in the course of carrying on a food business, engages in conduct that is misleading or deceptive or is likely to mislead or deceive, in relation to —

(a)

the packaging or labelling of food intended for supply; or

(b)

the supply of food.Illustration

Making a false or misleading representation about a particular food that purports to be a testimonial by any person relating to the food offered for supply.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under subsection (1); or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

(5) This section does not apply to publication in Singapore of an advertisement relating to food.

(6) Nothing in sections 180, 181 and 182 limits subsection (1).

—(1) A person commits an offence if the person, in the course of carrying on a food business, engages in conduct that is misleading or deceptive or is likely to mislead or deceive, in relation to —

(a)

the packaging or labelling of food intended for supply; or

(b)

the supply of food.Illustration

Making a false or misleading representation about a particular food that purports to be a testimonial by any person relating to the food offered for supply.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under subsection (1); or

(ii)

under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.

(5) This section does not apply to publication in Singapore of an advertisement relating to food.

(6) Nothing in sections 180, 181 and 182 limits subsection (1).