§ 23 — Triggering MSR

23.—(1) The Director‑General, Food Security may, by written notice (called a trigger notice) given to an entity, trigger the minimum stockholding requirement for the entity in relation to an MSR product if —(a)

the entity is an agri‑food supply chain participant but not an ultimate consumer; and

(b)

in a period prescribed by the Part 2 Rules —(i)

the entity undertakes any MSR activity in relation to the MSR product; and

(ii)

in doing so, the entity exceeds the quantity prescribed by the Part 2 Rules for undertaking the MSR activity in relation to that MSR product.

(2) The trigger notice must specify —(a)

the days for which the notice is in force and the quantity of stocks of the MSR product the entity must hold on those days;

(b)

the relevant periods for which the trigger notice is in force, and the average quantity of stocks of the MSR product the entity must hold for each of those relevant periods; and

(c)

the place or places in Singapore where those stocks must be held.

(3) The average quantity of an MSR product in relation to a relevant period applicable to an entity must be worked out by dividing —(a)

the total minimum quantity of stocks of the MSR product which the Director‑General, Food Security determines the entity must hold during the relevant period; by

(b)

the number of days constituting that relevant period.

(4) Trigger notices may specify different quantities or average quantities of stocks —(a)

in respect of different MSR products or different entities; or

(b)

on the basis of different MSR activities undertaken in relation to the same MSR product.

(5) The Director‑General, Food Security must determine the quantity or average quantity of stocks of an MSR product in accordance with section 25.

(6) A trigger notice given under this section is in force for the days or relevant periods which occur within the period —(a)

starting the date specified in the trigger notice as the day the trigger notice comes into force which must be a date after the end of the minimum interval applicable; and

(b)

ending the day before —(i)

the trigger notice is cancelled under section 24; or

(ii)

another trigger notice given under this section to the same entity in relation to the same MSR product comes into force,

whichever first happens.

(7) Subsection (6) is subject to section 26(2).

(8) In giving a trigger notice under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the trigger notice a chance to be heard before the trigger notice is given.

(9) The quantity or average quantity (as the case may be) of stocks of MSR product may be specified in a trigger notice in any of the following terms:(a)

a fixed quantity;

(b)

a rate or formula by which a quantity is to be calculated.

(10) The minimum interval in subsection (6)(a), for any trigger notice, is the following period after the day the trigger notice is given:(a)

6 months;

(b)

another period specified in the Part 2 Rules in substitution of the period in paragraph (a), for a trigger notice or class of trigger notices given on or after the other period as so specified in those Rules.

—(1) The Director‑General, Food Security may, by written notice (called a trigger notice) given to an entity, trigger the minimum stockholding requirement for the entity in relation to an MSR product if —(a)

the entity is an agri‑food supply chain participant but not an ultimate consumer; and

(b)

in a period prescribed by the Part 2 Rules —(i)

the entity undertakes any MSR activity in relation to the MSR product; and

(ii)

in doing so, the entity exceeds the quantity prescribed by the Part 2 Rules for undertaking the MSR activity in relation to that MSR product.

(2) The trigger notice must specify —(a)

the days for which the notice is in force and the quantity of stocks of the MSR product the entity must hold on those days;

(b)

the relevant periods for which the trigger notice is in force, and the average quantity of stocks of the MSR product the entity must hold for each of those relevant periods; and

(c)

the place or places in Singapore where those stocks must be held.

(3) The average quantity of an MSR product in relation to a relevant period applicable to an entity must be worked out by dividing —(a)

the total minimum quantity of stocks of the MSR product which the Director‑General, Food Security determines the entity must hold during the relevant period; by

(b)

the number of days constituting that relevant period.

(4) Trigger notices may specify different quantities or average quantities of stocks —(a)

in respect of different MSR products or different entities; or

(b)

on the basis of different MSR activities undertaken in relation to the same MSR product.

(5) The Director‑General, Food Security must determine the quantity or average quantity of stocks of an MSR product in accordance with section 25.

(6) A trigger notice given under this section is in force for the days or relevant periods which occur within the period —(a)

starting the date specified in the trigger notice as the day the trigger notice comes into force which must be a date after the end of the minimum interval applicable; and

(b)

ending the day before —(i)

the trigger notice is cancelled under section 24; or

(ii)

another trigger notice given under this section to the same entity in relation to the same MSR product comes into force,

whichever first happens.

(7) Subsection (6) is subject to section 26(2).

(8) In giving a trigger notice under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the trigger notice a chance to be heard before the trigger notice is given.

(9) The quantity or average quantity (as the case may be) of stocks of MSR product may be specified in a trigger notice in any of the following terms:(a)

a fixed quantity;

(b)

a rate or formula by which a quantity is to be calculated.

(10) The minimum interval in subsection (6)(a), for any trigger notice, is the following period after the day the trigger notice is given:(a)

6 months;

(b)

another period specified in the Part 2 Rules in substitution of the period in paragraph (a), for a trigger notice or class of trigger notices given on or after the other period as so specified in those Rules.