§ 270 — Immediate forfeiture by Agency

270.—(1) Subject to subsections (2) and (3), the Agency may at once order the forfeiture of a seized item —(a)

that is any of the following at the time of seizure:(i)

any food which is unsafe food, unsuitable food or a defined food;

(ii)

any primary produce which is unsafe;

(iii)

any controlled item which is failing;

(iv)

any animal feed which is not fit for purpose;

(v)

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any biosecurity matter or any thing else which is a suspected hazard or the suspected source of contamination giving rise to a risk to human health; and

(b)

that —(i)

is perishable or may rapidly depreciate in value;

(ii)

is injurious to human health;

(iii)

is hazardous;

(iv)

is decayed or putrefied; or

(v)

for any other reason is desirable to dispose without delay.

(2) If within 48 hours after the seizure no complaint under subsection (3) has been made with respect to the item seized, the Agency may cause the seized item, if of the nature described in subsection (1)(a) and (b), to be —(a)

if the item is a living thing, detained and treated if not incurably diseased or injured and then disposed of at once in any manner that the Agency thinks fit; or

(b)

destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.

(3) A person may, no later than 48 hours after the seizure under this Act of any of the following, complain of the seizure to a Magistrate’s Court:(a)

any food;

(b)

any primary produce;

(c)

any controlled item;

(d)

any animal feed;

(e)

any non-packaged drinking water for supply;

(f)

any unregistered plant pesticide;

(g)

any live food producing animal;

(h)

any animal reproductive material extracted or otherwise taken from a food producing animal;

(i)

any other thing.

(4) The complaint may be heard and determined by the Magistrate’s Court, which —(a)

may either —(i)

confirm or disallow the seizure in whole or in part; or

(ii)

order any seized item to be returned to the owner or the person entitled to the seized item; and

(b)

may order payment to be made to the owner of or the person entitled to the seized item of any amount that the court considers will compensate the owner or the person for any loss or depreciation resulting from the seizure.

(5) A certificate signed by the Director‑General is to be accepted by a court as sufficient evidence that any item seized under this Act was of a nature described in subsection (1)(a) and (b) at the time of seizure.

(6) No order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —(a)

is of more than 200 tons net; or

(b)

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.

(7) Where the owner of any item seized under the provisions of this Act by an authorised officer or a food inspector, consents in writing at any time to its disposal, the Agency may cause the item to be destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.

—(1) Subject to subsections (2) and (3), the Agency may at once order the forfeiture of a seized item —(a)

that is any of the following at the time of seizure:(i)

any food which is unsafe food, unsuitable food or a defined food;

(ii)

any primary produce which is unsafe;

(iii)

any controlled item which is failing;

(iv)

any animal feed which is not fit for purpose;

(v)

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any biosecurity matter or any thing else which is a suspected hazard or the suspected source of contamination giving rise to a risk to human health; and

(b)

that —(i)

is perishable or may rapidly depreciate in value;

(ii)

is injurious to human health;

(iii)

is hazardous;

(iv)

is decayed or putrefied; or

(v)

for any other reason is desirable to dispose without delay.

(2) If within 48 hours after the seizure no complaint under subsection (3) has been made with respect to the item seized, the Agency may cause the seized item, if of the nature described in subsection (1)(a) and (b), to be —(a)

if the item is a living thing, detained and treated if not incurably diseased or injured and then disposed of at once in any manner that the Agency thinks fit; or

(b)

destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.

(3) A person may, no later than 48 hours after the seizure under this Act of any of the following, complain of the seizure to a Magistrate’s Court:(a)

any food;

(b)

any primary produce;

(c)

any controlled item;

(d)

any animal feed;

(e)

any non-packaged drinking water for supply;

(f)

any unregistered plant pesticide;

(g)

any live food producing animal;

(h)

any animal reproductive material extracted or otherwise taken from a food producing animal;

(i)

any other thing.

(4) The complaint may be heard and determined by the Magistrate’s Court, which —(a)

may either —(i)

confirm or disallow the seizure in whole or in part; or

(ii)

order any seized item to be returned to the owner or the person entitled to the seized item; and

(b)

may order payment to be made to the owner of or the person entitled to the seized item of any amount that the court considers will compensate the owner or the person for any loss or depreciation resulting from the seizure.

(5) A certificate signed by the Director‑General is to be accepted by a court as sufficient evidence that any item seized under this Act was of a nature described in subsection (1)(a) and (b) at the time of seizure.

(6) No order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —(a)

is of more than 200 tons net; or

(b)

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.

(7) Where the owner of any item seized under the provisions of this Act by an authorised officer or a food inspector, consents in writing at any time to its disposal, the Agency may cause the item to be destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.