§ 70 — Import prohibition of live food producing animals

70.—(1) Subject to subsection (2), the Agency may from time to time and in accordance with subsections (2), (3) and (4), make directives of general application banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore as may be necessary to alleviate or minimise any risk of the death of, or a serious physical harm to, any individual who might later consume in Singapore the animal, or any meat, meat product or fish product derived from such an animal.(2) The Agency must not make any directive under subsection (1) with respect to any relevant live food producing animal, unless it is impracticable, in the circumstances of the particular case, for any order under section 7(1) of the Animals and Birds Act 1965 to be made or amended to effectively alleviate or minimise the risk concerned.

(3) Once a directive is made under subsection (1), the Agency must cause to be published a public notice of the directive —(a)

in the Gazette; or

(b)

in any manner that will secure adequate publicity for the directive,

specifying in the public notice the date the ban takes effect, except that where for reasons of national security it is impracticable to publish the directive according to paragraph (a) or (b), the Agency must notify any person or persons that it thinks appropriate or necessary in the circumstances.

(4) Every directive made under subsection (1) comes into force immediately upon its being published according to subsection (3)(a) or (b) or, where notified by service on any person under subsection (3), immediately upon giving the notice to that person and in respect of that person only.

(5) Any directive made under subsection (1) may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Agency only once for a further period not exceeding 30 days.

(6) The Agency may, at any time when any directive made under subsection (1) is in force, revoke the directive by publishing a notice of that revocation —(a)

in the Gazette; or

(b)

in any manner that will secure adequate publicity for the revoking of the directive.

(7) A directive made under subsection (1) prevails so far as the directive is in force even if inconsistent with any provision of —(a)

this Act;

(b)

the Animals and Birds Act 1965;

(c)

the Control of Plants Act 1993; or

(d)

the Wildlife Act 1965.

(8) Without limiting subsection (7), where a directive made under subsection (1) is made and in force —(a)

every of the following licences, permits or approvals cease to have effect to the extent that the licence, permit or approval is inconsistent with that directive:(i)

a licence granted under section 8 of the Animals and Birds Act 1965 to import or tranship any animal or bird;

(ii)

a permit issued under the Control of Plants Act 1993 to import any live insect‑like species or any mollusc that is not a fish;

(iii)

an approval granted under section 9 of the Wildlife Act 1965 to import any living wildlife; and

(b)

an application for any of those licences, permits or approvals mentioned in paragraph (a) must be refused where the licence, permit or approval, if granted or issued, will be inconsistent with that directive.

(9) In subsection (2), “relevant live food producing animal” means a live food producing animal that is neither —(a)

an insect‑like species; nor

(b)

a mollusc that is not a fish.

—(1) Subject to subsection (2), the Agency may from time to time and in accordance with subsections (2), (3) and (4), make directives of general application banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore as may be necessary to alleviate or minimise any risk of the death of, or a serious physical harm to, any individual who might later consume in Singapore the animal, or any meat, meat product or fish product derived from such an animal.

(2) The Agency must not make any directive under subsection (1) with respect to any relevant live food producing animal, unless it is impracticable, in the circumstances of the particular case, for any order under section 7(1) of the Animals and Birds Act 1965 to be made or amended to effectively alleviate or minimise the risk concerned.

(3) Once a directive is made under subsection (1), the Agency must cause to be published a public notice of the directive —(a)

in the Gazette; or

(b)

in any manner that will secure adequate publicity for the directive,

specifying in the public notice the date the ban takes effect, except that where for reasons of national security it is impracticable to publish the directive according to paragraph (a) or (b), the Agency must notify any person or persons that it thinks appropriate or necessary in the circumstances.

(4) Every directive made under subsection (1) comes into force immediately upon its being published according to subsection (3)(a) or (b) or, where notified by service on any person under subsection (3), immediately upon giving the notice to that person and in respect of that person only.

(5) Any directive made under subsection (1) may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Agency only once for a further period not exceeding 30 days.

(6) The Agency may, at any time when any directive made under subsection (1) is in force, revoke the directive by publishing a notice of that revocation —(a)

in the Gazette; or

(b)

in any manner that will secure adequate publicity for the revoking of the directive.

(7) A directive made under subsection (1) prevails so far as the directive is in force even if inconsistent with any provision of —(a)

this Act;

(b)

the Animals and Birds Act 1965;

(c)

the Control of Plants Act 1993; or

(d)

the Wildlife Act 1965.

(8) Without limiting subsection (7), where a directive made under subsection (1) is made and in force —(a)

every of the following licences, permits or approvals cease to have effect to the extent that the licence, permit or approval is inconsistent with that directive:(i)

a licence granted under section 8 of the Animals and Birds Act 1965 to import or tranship any animal or bird;

(ii)

a permit issued under the Control of Plants Act 1993 to import any live insect‑like species or any mollusc that is not a fish;

(iii)

an approval granted under section 9 of the Wildlife Act 1965 to import any living wildlife; and

(b)

an application for any of those licences, permits or approvals mentioned in paragraph (a) must be refused where the licence, permit or approval, if granted or issued, will be inconsistent with that directive.

(9) In subsection (2), “relevant live food producing animal” means a live food producing animal that is neither —(a)

an insect‑like species; nor

(b)

a mollusc that is not a fish.