§ 42 — Definitions for Part 3

42.—(1) In this Part —“agri‑food production input” excludes the following even if essential in undertaking any primary production activity:(a)

any animal reproductive material from a food producing animal;

(b)

any young of a food producing animal;

(c)

any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;

(d)

any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals;

“applicable standard” —(a)

in relation to a particular food, at a particular time, means the standard or labelling requirement in force in relation to the food at that time that relates to —(i)

the composition or nature of food (including food production substances and contaminants in it, the maximum amounts of food production substances and contaminants, or residues thereof, that may be present in the food, and its microbiological status and safety) and the method of sampling and testing the food to determine its composition or nature;

(ii)

food packaging;

(iii)

the handling of the food, including the method of handling; or

(iv)

the content of labels for food;

(b)

in relation to a particular regulated food contact article, at a particular time, means the standard in force in relation to that regulated food contact article at that time that relates to the construction of that regulated food contact article;

(c)

in relation to a particular animal feed, at a particular time, means the standard in force in any animal feed regulations in relation to that animal feed at that time that relates to —(i)

the composition of the animal feed and the method of sampling and testing the animal feed to determine its composition;

(ii)

the manufacture or production, storage, keeping or transporting of the animal feed; or

(iii)

the content of labels for packages of the animal feed; or

(d)

in relation to a particular agri‑food production input (except any animal feed or plant pesticide), or a particular matter affecting the agri‑food production input, at a particular time, means the standard or labelling requirement in force in relation to that agri‑food production input or matter at that time that relates to —(i)

the composition of the agri‑food production input and the method of sampling and testing the agri‑food production input to determine its composition;

(ii)

the manufacture or production, storage, keeping or transporting of the agri‑food production input; or

(iii)

the content of labels for packages of the agri‑food production input;

“application”, for a licence or consignment permit, means —(a)

an application for or to renew the licence; or

(b)

an application for the consignment permit;

“consignment”, in relation to any controlled item, means one or more controlled items of a particular kind (according to the Agency’s classification) that is —(a)

in one or more lots; and

(b)

is imported by, or exported or transhipped for —(i)

the same owner of those lots;

(ii)

at the same time; and

(iii)

on a single and the same conveyance;

“controlled item” means an import‑controlled item, an export‑controlled item or a transhipment‑controlled item;

“examinable matter” means a controlled item —(a)

of a kind that is prescribed under any inspection scheme regulations that if imported, exported or transhipped, must be —(i)

inspected, or inspected and analysed, under this Part; or

(ii)

covered by a recognised foreign government certificate;

(b)

of a kind that is the subject of a holding order;

(c)

that, despite the fact that it is not of a kind referred to in paragraph (a) or (b), is nevertheless required to be inspected, or inspected and analysed, under any inspection scheme regulations; or

(d)

that is other than a controlled item of a kind referred to in paragraph (a) or (b) or a controlled item in paragraph (c) and —(i)

that an authorised officer has reasonable grounds to believe may be failing; and

(ii)

in respect of which the authorised officer has notified that belief to an owner of that controlled item;

“export”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, out of Singapore the object or thing by any means to a place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;

“export‑controlled item” means any transhipment‑controlled item, any rice, or any other food or agri‑food production input that the Minister declares, by order in the Gazette, to be an export‑controlled item;

“failing”, for a controlled item, means any examinable matter that, as a result of an inspection, or inspection and analysis, under any inspection scheme regulations, is found to be one of the following:(a)

a food that —(i)

does not meet an applicable standard for that food;

(ii)

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

(iii)

if imported, is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the food as one that, if imported, must be covered by a recognised foreign government certificate;

(b)

a regulated food contact article that does not meet an applicable standard for that regulated food contact article;

(c)

an animal feed that —(i)

does not meet an applicable standard for that animal feed; or

(ii)

is not fit for purpose;

(d)

an agri‑food production input that does not meet an applicable standard for that agri‑food production input;

(e)

a prohibited food, a prohibited food contact article or a prohibited animal feed;

“holding order” means an order made under section 73(1);

“identifying detail”, in relation to any consignment comprising an import‑controlled item, export-controlled item or a transhipment‑controlled item, means any of the following:(a)

the maximum mass or weight of the consignment or the controlled item;

(b)

the place outside Singapore from which the consignment or the import‑controlled item or transhipment‑controlled item originates, or to which the consignment or the export‑controlled item or transhipment‑controlled item is to be exported;

(c)

the composition, method of manufacture or production, grade or quality of the controlled item;

(d)

the import‑controlled item or transhipment‑controlled item having the approval of a specified foreign government of a particular foreign country or a foreign food authority of a specified foreign country as is required by any inspection scheme regulations;

(e)

the export‑controlled item or transhipment‑controlled item having the approval of the Agency, a foreign government or foreign food authority as is required by any inspection scheme regulations;

“import”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, into Singapore the object or thing by any means from any place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;

“import‑controlled item” means any of the following:(a)

any of the following food:(i)

fresh fruits and vegetables;

(ii)

meat and meat products;

(iii)

fish and fish products;

(iv)

eggs and egg products;

(v)

any live animal or any plant that is food;

(vi)

any other food except a food additive as such;

(b)

any prepacked food additive preparation;

(c)

any regulated food contact article;

(d)

any animal feed;

(e)

any agri‑food production input that the Minister declares, by order in the Gazette, to be an import‑controlled item;

“inspection advice” means an advice issued under section 72;

“licence” means a licence that may be granted under this Part;

“licensed exporter” means a person who is the holder of a current licence under this Part to export in the course of business any export‑controlled item specified in the licence;

“licensed importer” means a person who is the holder of a current licence under this Part to import in the course of business any import‑controlled item specified in the licence;

“lot” means a quantity of an object or a substance or thing that —(a)

is —(i)

uniform in composition and method of manufacture; and

(ii)

made in one cycle of manufacture or, in the case of a controlled item that is sterilised, pasteurised or freeze‑dried, sterilised, pasteurised or freeze‑dried, in one cycle; or

(b)

is of a particular kind made or packed in a distinct manner;

“prepacked food additive preparation” means any food additive, or any mix consisting mainly of any food additive, that —(a)

is in a packaging of not more than 2 kilograms each; or

(b)

is imported for retail sale;

“procurement plan”, for any import‑controlled item, means a plan —(a)

identifying the risks (including assessments thereof) to food security in Singapore from any disruption occurring to the import of the import‑controlled item from the foreign markets from which they are to be procured, including (but not limited to) financial risks, non‑financial trading risks, climatic risks, and risks of or from disease or pollution; and

(b)

stating any plan of action (including preventive strategies) for the purpose of managing those risks and —(i)

ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the import‑controlled item of acceptable quality; or

(ii)

otherwise preventing or mitigating the impact of disruptive events on the supply of the import‑controlled item on food security in Singapore;

“prohibited animal feed” means an animal feed, or a brand of animal feed, the import of which is prohibited by the Minister under section 69(3);

“prohibited food” means —(a)

a food, or a brand of food, the import of which is prohibited by the Minister under section 69(1);

(b)

a food, or a brand of food, the import of which is prohibited by any Part 9 Regulations;

(c)

any food the import of which is prohibited under any written law other than this Act or any subsidiary legislation made under this Act;

(d)

any defined food which is, consists of or has as an ingredient, in any form an insect‑like species which is not within any class of catalogued insect‑like species; or

(e)

any other defined food;

“prohibited food contact article” means a regulated food contact article the import of which is prohibited by the Minister under section 69(2);

“recognised foreign government certificate” means a certificate covered by a determination in force under section 75(1);

“trading activity” means any of the following activities:(a)

importing any import‑controlled item;

(b)

exporting any export‑controlled item;

(c)

transhipping any transhipment‑controlled item;

“tranship” means bringing any goods into Singapore by land, sea or air from any place which is outside Singapore and then removing those goods from the conveyance in which they were brought into Singapore and —(a)

returning those goods to that same conveyance; or

(b)

transferring those goods to another conveyance for the purpose of them being taken out of Singapore,

whether those goods are to be transferred directly between conveyances or whether they are to be landed in Singapore after they were brought into Singapore and stored, pending their being taken out of Singapore;

“transhipment‑controlled item” means any of the following:(a)

any meat or meat product;

(b)

any fish or fish product;

(c)

any egg;

(d)

any other food or any agri‑food production input that the Minister declares, by order in the Gazette, to be a transhipment-controlled item.

(2) In this Part, the integrity of a controlled item or an examinable matter is ensured if the identity or composition of the controlled item or examinable matter, in relation to any condition, restriction or other description that applies in relation to the controlled item or examinable matter —(a)

is ascertainable;

(b)

is maintained without loss, addition or substitution; and

(c)

is not confused with that of any other controlled item, examinable matter or goods.

(3) For the purposes of the definition of “prepacked food additive preparation” in subsection (1), any food additive of a particular kind in a packaging of more than 2 kilograms each is presumed, unless the contrary is proved, to have been imported for retail sale if, on the particular occasion of its bringing into Singapore, the packaging is a container made wholly or principally of breakable and fragile material.

(4) To avoid doubt, for the purposes of this Part, a single controlled item may constitute a consignment of that controlled item.

—(1) In this Part —“agri‑food production input” excludes the following even if essential in undertaking any primary production activity:(a)

any animal reproductive material from a food producing animal;

(b)

any young of a food producing animal;

(c)

any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;

(d)

any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals;

“applicable standard” —(a)

in relation to a particular food, at a particular time, means the standard or labelling requirement in force in relation to the food at that time that relates to —(i)

the composition or nature of food (including food production substances and contaminants in it, the maximum amounts of food production substances and contaminants, or residues thereof, that may be present in the food, and its microbiological status and safety) and the method of sampling and testing the food to determine its composition or nature;

(ii)

food packaging;

(iii)

the handling of the food, including the method of handling; or

(iv)

the content of labels for food;

(b)

in relation to a particular regulated food contact article, at a particular time, means the standard in force in relation to that regulated food contact article at that time that relates to the construction of that regulated food contact article;

(c)

in relation to a particular animal feed, at a particular time, means the standard in force in any animal feed regulations in relation to that animal feed at that time that relates to —(i)

the composition of the animal feed and the method of sampling and testing the animal feed to determine its composition;

(ii)

the manufacture or production, storage, keeping or transporting of the animal feed; or

(iii)

the content of labels for packages of the animal feed; or

(d)

in relation to a particular agri‑food production input (except any animal feed or plant pesticide), or a particular matter affecting the agri‑food production input, at a particular time, means the standard or labelling requirement in force in relation to that agri‑food production input or matter at that time that relates to —(i)

the composition of the agri‑food production input and the method of sampling and testing the agri‑food production input to determine its composition;

(ii)

the manufacture or production, storage, keeping or transporting of the agri‑food production input; or

(iii)

the content of labels for packages of the agri‑food production input;

“application”, for a licence or consignment permit, means —(a)

an application for or to renew the licence; or

(b)

an application for the consignment permit;

“consignment”, in relation to any controlled item, means one or more controlled items of a particular kind (according to the Agency’s classification) that is —(a)

in one or more lots; and

(b)

is imported by, or exported or transhipped for —(i)

the same owner of those lots;

(ii)

at the same time; and

(iii)

on a single and the same conveyance;

“controlled item” means an import‑controlled item, an export‑controlled item or a transhipment‑controlled item;

“examinable matter” means a controlled item —(a)

of a kind that is prescribed under any inspection scheme regulations that if imported, exported or transhipped, must be —(i)

inspected, or inspected and analysed, under this Part; or

(ii)

covered by a recognised foreign government certificate;

(b)

of a kind that is the subject of a holding order;

(c)

that, despite the fact that it is not of a kind referred to in paragraph (a) or (b), is nevertheless required to be inspected, or inspected and analysed, under any inspection scheme regulations; or

(d)

that is other than a controlled item of a kind referred to in paragraph (a) or (b) or a controlled item in paragraph (c) and —(i)

that an authorised officer has reasonable grounds to believe may be failing; and

(ii)

in respect of which the authorised officer has notified that belief to an owner of that controlled item;

“export”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, out of Singapore the object or thing by any means to a place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;

“export‑controlled item” means any transhipment‑controlled item, any rice, or any other food or agri‑food production input that the Minister declares, by order in the Gazette, to be an export‑controlled item;

“failing”, for a controlled item, means any examinable matter that, as a result of an inspection, or inspection and analysis, under any inspection scheme regulations, is found to be one of the following:(a)

a food that —(i)

does not meet an applicable standard for that food;

(ii)

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

(iii)

if imported, is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the food as one that, if imported, must be covered by a recognised foreign government certificate;

(b)

a regulated food contact article that does not meet an applicable standard for that regulated food contact article;

(c)

an animal feed that —(i)

does not meet an applicable standard for that animal feed; or

(ii)

is not fit for purpose;

(d)

an agri‑food production input that does not meet an applicable standard for that agri‑food production input;

(e)

a prohibited food, a prohibited food contact article or a prohibited animal feed;

“holding order” means an order made under section 73(1);

“identifying detail”, in relation to any consignment comprising an import‑controlled item, export-controlled item or a transhipment‑controlled item, means any of the following:(a)

the maximum mass or weight of the consignment or the controlled item;

(b)

the place outside Singapore from which the consignment or the import‑controlled item or transhipment‑controlled item originates, or to which the consignment or the export‑controlled item or transhipment‑controlled item is to be exported;

(c)

the composition, method of manufacture or production, grade or quality of the controlled item;

(d)

the import‑controlled item or transhipment‑controlled item having the approval of a specified foreign government of a particular foreign country or a foreign food authority of a specified foreign country as is required by any inspection scheme regulations;

(e)

the export‑controlled item or transhipment‑controlled item having the approval of the Agency, a foreign government or foreign food authority as is required by any inspection scheme regulations;

“import”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, into Singapore the object or thing by any means from any place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;

“import‑controlled item” means any of the following:(a)

any of the following food:(i)

fresh fruits and vegetables;

(ii)

meat and meat products;

(iii)

fish and fish products;

(iv)

eggs and egg products;

(v)

any live animal or any plant that is food;

(vi)

any other food except a food additive as such;

(b)

any prepacked food additive preparation;

(c)

any regulated food contact article;

(d)

any animal feed;

(e)

any agri‑food production input that the Minister declares, by order in the Gazette, to be an import‑controlled item;

“inspection advice” means an advice issued under section 72;

“licence” means a licence that may be granted under this Part;

“licensed exporter” means a person who is the holder of a current licence under this Part to export in the course of business any export‑controlled item specified in the licence;

“licensed importer” means a person who is the holder of a current licence under this Part to import in the course of business any import‑controlled item specified in the licence;

“lot” means a quantity of an object or a substance or thing that —(a)

is —(i)

uniform in composition and method of manufacture; and

(ii)

made in one cycle of manufacture or, in the case of a controlled item that is sterilised, pasteurised or freeze‑dried, sterilised, pasteurised or freeze‑dried, in one cycle; or

(b)

is of a particular kind made or packed in a distinct manner;

“prepacked food additive preparation” means any food additive, or any mix consisting mainly of any food additive, that —(a)

is in a packaging of not more than 2 kilograms each; or

(b)

is imported for retail sale;

“procurement plan”, for any import‑controlled item, means a plan —(a)

identifying the risks (including assessments thereof) to food security in Singapore from any disruption occurring to the import of the import‑controlled item from the foreign markets from which they are to be procured, including (but not limited to) financial risks, non‑financial trading risks, climatic risks, and risks of or from disease or pollution; and

(b)

stating any plan of action (including preventive strategies) for the purpose of managing those risks and —(i)

ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the import‑controlled item of acceptable quality; or

(ii)

otherwise preventing or mitigating the impact of disruptive events on the supply of the import‑controlled item on food security in Singapore;

“prohibited animal feed” means an animal feed, or a brand of animal feed, the import of which is prohibited by the Minister under section 69(3);

“prohibited food” means —(a)

a food, or a brand of food, the import of which is prohibited by the Minister under section 69(1);

(b)

a food, or a brand of food, the import of which is prohibited by any Part 9 Regulations;

(c)

any food the import of which is prohibited under any written law other than this Act or any subsidiary legislation made under this Act;

(d)

any defined food which is, consists of or has as an ingredient, in any form an insect‑like species which is not within any class of catalogued insect‑like species; or

(e)

any other defined food;

“prohibited food contact article” means a regulated food contact article the import of which is prohibited by the Minister under section 69(2);

“recognised foreign government certificate” means a certificate covered by a determination in force under section 75(1);

“trading activity” means any of the following activities:(a)

importing any import‑controlled item;

(b)

exporting any export‑controlled item;

(c)

transhipping any transhipment‑controlled item;

“tranship” means bringing any goods into Singapore by land, sea or air from any place which is outside Singapore and then removing those goods from the conveyance in which they were brought into Singapore and —(a)

returning those goods to that same conveyance; or

(b)

transferring those goods to another conveyance for the purpose of them being taken out of Singapore,

whether those goods are to be transferred directly between conveyances or whether they are to be landed in Singapore after they were brought into Singapore and stored, pending their being taken out of Singapore;

“transhipment‑controlled item” means any of the following:(a)

any meat or meat product;

(b)

any fish or fish product;

(c)

any egg;

(d)

any other food or any agri‑food production input that the Minister declares, by order in the Gazette, to be a transhipment-controlled item.

(2) In this Part, the integrity of a controlled item or an examinable matter is ensured if the identity or composition of the controlled item or examinable matter, in relation to any condition, restriction or other description that applies in relation to the controlled item or examinable matter —(a)

is ascertainable;

(b)

is maintained without loss, addition or substitution; and

(c)

is not confused with that of any other controlled item, examinable matter or goods.

(3) For the purposes of the definition of “prepacked food additive preparation” in subsection (1), any food additive of a particular kind in a packaging of more than 2 kilograms each is presumed, unless the contrary is proved, to have been imported for retail sale if, on the particular occasion of its bringing into Singapore, the packaging is a container made wholly or principally of breakable and fragile material.

(4) To avoid doubt, for the purposes of this Part, a single controlled item may constitute a consignment of that controlled item.