§ 192 — Criteria for grant, etc., of animal feed production licence

192.—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted an animal feed production licence;

(b)

the conditions to impose on an animal feed production licence;

(c)

whether to modify any condition of an animal feed production licence.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant or animal feed production licensee, or an associate of the applicant or animal feed production licensee, is or was disqualified by section 298 from holding an animal feed production licence;

(b)

whether the applicant or animal feed production licensee is a suitable person to be involved in the management or operation of the production of animal feed which is the subject of the application;

(c)

whether regulatory action under section 196 has been or is being taken or is contemplated against the applicant or animal feed production licensee;

(d)

any available information as to whether or not the applicant or animal feed production licensee has been convicted or found guilty of any relevant offence within the meaning of section 196(3) (whether or not the offence was committed before, on or after the commencement of this section);

(e)

whether there are other grounds for considering that the applicant or animal feed production licensee is likely in the future to fail to comply with any provision of this Act in connection with the production of animal feed to be authorised or authorised by the licence;

(f)

whether the premises at which the production of animal feed is or is to be carried on are fit to be used for that type of activity;

(g)

whether the written permission or authorisation required by the Planning Act 1998 for the use of the premises for the production of animal feed has been granted or deemed granted;

(h)

whether the applicant or animal feed production licensee has, and will keep and maintain, an accepted feed control plan relating to the applicant’s or licensee’s production of animal feed;

(i)

the applicant’s or animal feed production licensee’s compliance history with Part 2, where applicable;

(j)

whether and how the applicant or animal feed production licensee prepares to deal with any disruptive event occurring;

(k)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted an animal feed production licence.

(3) Subsection (2) applies to an applicant or animal feed production licensee which is an entity with the following modifications:(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b) and (c) of that subsection must be read as if they refer to the entity and its officers.

(4) For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular animal feed production licence that is the subject of an application for an animal feed production licence, the Agency must have regard to all of the following matters:(a)

the person’s compliance history with all of the following so far as that relates to the production of animal feed in the course of a business:(i)

the provisions of this Act and any predecessor law about standards and requirements to ensure animal feed which is fit for purpose;

(ii)

the conditions of any animal feed production licence granted to the person;

(iii)

the provisions of any code of practice applicable to the person;

(iv)

a Part 7 direction;

(b)

the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving animal feed which is fit for purpose when producing animal feed.

(5) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(6) In this section, “predecessor law” means the Feeding Stuffs Act 1965 as in force before it is first amended by this Act.

—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted an animal feed production licence;

(b)

the conditions to impose on an animal feed production licence;

(c)

whether to modify any condition of an animal feed production licence.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant or animal feed production licensee, or an associate of the applicant or animal feed production licensee, is or was disqualified by section 298 from holding an animal feed production licence;

(b)

whether the applicant or animal feed production licensee is a suitable person to be involved in the management or operation of the production of animal feed which is the subject of the application;

(c)

whether regulatory action under section 196 has been or is being taken or is contemplated against the applicant or animal feed production licensee;

(d)

any available information as to whether or not the applicant or animal feed production licensee has been convicted or found guilty of any relevant offence within the meaning of section 196(3) (whether or not the offence was committed before, on or after the commencement of this section);

(e)

whether there are other grounds for considering that the applicant or animal feed production licensee is likely in the future to fail to comply with any provision of this Act in connection with the production of animal feed to be authorised or authorised by the licence;

(f)

whether the premises at which the production of animal feed is or is to be carried on are fit to be used for that type of activity;

(g)

whether the written permission or authorisation required by the Planning Act 1998 for the use of the premises for the production of animal feed has been granted or deemed granted;

(h)

whether the applicant or animal feed production licensee has, and will keep and maintain, an accepted feed control plan relating to the applicant’s or licensee’s production of animal feed;

(i)

the applicant’s or animal feed production licensee’s compliance history with Part 2, where applicable;

(j)

whether and how the applicant or animal feed production licensee prepares to deal with any disruptive event occurring;

(k)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted an animal feed production licence.

(3) Subsection (2) applies to an applicant or animal feed production licensee which is an entity with the following modifications:(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b) and (c) of that subsection must be read as if they refer to the entity and its officers.

(4) For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular animal feed production licence that is the subject of an application for an animal feed production licence, the Agency must have regard to all of the following matters:(a)

the person’s compliance history with all of the following so far as that relates to the production of animal feed in the course of a business:(i)

the provisions of this Act and any predecessor law about standards and requirements to ensure animal feed which is fit for purpose;

(ii)

the conditions of any animal feed production licence granted to the person;

(iii)

the provisions of any code of practice applicable to the person;

(iv)

a Part 7 direction;

(b)

the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving animal feed which is fit for purpose when producing animal feed.

(5) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(6) In this section, “predecessor law” means the Feeding Stuffs Act 1965 as in force before it is first amended by this Act.