§ 196 — Regulatory action concerning animal feed production licence

196.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)

an animal feed production licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its animal feed production licence;

(ii)

any provision of this Act applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;

(iv)

any direction given to the animal feed production licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 200 applicable to the animal feed production licensee;

(b)

an animal feed production licensee has ceased to produce animal feed in the course of a business;

(c)

an animal feed production licensee, or any officer of an animal feed production licensee, is convicted of a relevant offence committed during the term of the animal feed production licence or an immediately prior animal feed production licence;

(d)

there is or has been a serious failure of the operations of an animal feed production licensee, or there are or have been other matters, that cast doubt on the fitness for purpose of the animal feed produced by the licensee;

(e)

an animal feed production licence had been obtained by an animal feed production licensee by fraud or misrepresentation; or

(f)

the public interest of Singapore so requires,

the Agency may revoke (without any compensation) the animal feed production licence of the animal feed production licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the animal feed production licensee under this Act.

(2) However, the Agency may, in lieu of revoking under subsection (1) the animal feed production licence of an animal feed production licensee, do (without any compensation) one or more of the following:(a)

censure the animal feed production licensee in writing;

(b)

direct the animal feed production licensee to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the animal feed production licence for not more than 6 months;

(d)

modify any condition of the animal feed production licence;

(e)

direct the animal feed production licensee to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the animal feed production licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the animal feed production licensee with any condition of the animal feed production licence;

(ii)

to secure compliance by the animal feed production licensee with any code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the animal feed production licensee.

(3) In this section, “relevant offence” means any of the following offences:(a)

an offence under section 202 or 203;

(b)

an offence under section 139, 140, 256 or 257 in relation to production of animal feed by the animal feed production licensee concerned;

(c)

an offence under a repealed law which is prescribed in the animal feed regulations, being an offence corresponding to any offence in paragraph (a).

(4) Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).

—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)

an animal feed production licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its animal feed production licence;

(ii)

any provision of this Act applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;

(iv)

any direction given to the animal feed production licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 200 applicable to the animal feed production licensee;

(b)

an animal feed production licensee has ceased to produce animal feed in the course of a business;

(c)

an animal feed production licensee, or any officer of an animal feed production licensee, is convicted of a relevant offence committed during the term of the animal feed production licence or an immediately prior animal feed production licence;

(d)

there is or has been a serious failure of the operations of an animal feed production licensee, or there are or have been other matters, that cast doubt on the fitness for purpose of the animal feed produced by the licensee;

(e)

an animal feed production licence had been obtained by an animal feed production licensee by fraud or misrepresentation; or

(f)

the public interest of Singapore so requires,

the Agency may revoke (without any compensation) the animal feed production licence of the animal feed production licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the animal feed production licensee under this Act.

(2) However, the Agency may, in lieu of revoking under subsection (1) the animal feed production licence of an animal feed production licensee, do (without any compensation) one or more of the following:(a)

censure the animal feed production licensee in writing;

(b)

direct the animal feed production licensee to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the animal feed production licence for not more than 6 months;

(d)

modify any condition of the animal feed production licence;

(e)

direct the animal feed production licensee to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the animal feed production licensee of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the animal feed production licensee with any condition of the animal feed production licence;

(ii)

to secure compliance by the animal feed production licensee with any code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the animal feed production licensee.

(3) In this section, “relevant offence” means any of the following offences:(a)

an offence under section 202 or 203;

(b)

an offence under section 139, 140, 256 or 257 in relation to production of animal feed by the animal feed production licensee concerned;

(c)

an offence under a repealed law which is prescribed in the animal feed regulations, being an offence corresponding to any offence in paragraph (a).

(4) Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).