§ 72 — Inspection advice

72.—(1) After a controlled item that is required under this Part to be inspected, or inspected and analysed, upon import or before export, has been so inspected, or inspected and analysed, an authorised officer or a food inspector must issue a written advice (called in this Act an inspection advice) —(a)

to the owner of the controlled item; and

(b)

if the controlled item is under customs control — to the person having possession of the controlled item at the time,

stating —

(c)

whether the whole or a part of the controlled item dealt with in the advice is identified as failing, and in respect of a controlled item that is so identified, how the controlled item is to be dealt with; or

(d)

whether the consignment comprising the controlled item dealt with in the advice is identified as not conforming to any identifying detail of the consignment that is stated in the consignment permit, and in respect of a consignment that is so identified, how the consignment is to be dealt with.

(2) Without limiting subsection (1), an inspection advice issued under this section may indicate that a controlled item identified as failing —(a)

must be destroyed in accordance with the requirements under section 74(3) or (4);

(b)

must either be destroyed or re‑exported from Singapore in accordance with the requirements under that section; or

(c)

must, if not treated by the owner in accordance with the requirements under section 74(2) —(i)

be destroyed; or

(ii)

be destroyed or re-exported from Singapore,

in accordance with the requirements of section 74.

(3) Despite subsections (1) and (2), the owner of a controlled item identified in an inspection advice as failing may, in the circumstances specified in the inspection scheme regulations, apply, in writing, to an authorised officer or a food inspector for the issue of a further inspection advice in respect of a part of that controlled item.

(4) Neither —(a)

the fact that a controlled item identified as failing under an inspection advice may be the subject of an application under subsection (3) for a further inspection advice; nor

(b)

the making of an application under subsection (3) for a further inspection advice in respect of the controlled item,

causes the controlled item to cease to be failing on the basis of the original inspection advice but, if the original inspection advice indicates that the controlled item must be treated, destroyed or re‑exported, the controlled item is not required to be so treated, destroyed or re‑exported unless —

(c)

the circumstances permitting the application for the further inspection advice cease to exist; or

(d)

an application is made under subsection (3) and rejected.

(5) If the owner of a controlled item identified in an inspection advice as failing, makes an application under subsection (3) for the issue of a further inspection advice in respect of a part of the controlled item, the owner must, if the controlled item to which the application relates is under customs control, inform the person having possession of the controlled item that the owner had made that application.

(6) If an application is made under subsection (3), an authorised officer or a food inspector must —(a)

if he or she is not satisfied that the application is made in accordance with the requirements of the inspection scheme regulations, reject the application and give notice to the applicant of that rejection and of the reasons for the rejection; and

(b)

in any other case, consider the application and issue to the applicant a further inspection advice in respect of the controlled item the subject of the application.

(7) If a further inspection advice is issued in respect of the controlled item the subject of an application, this Act has effect as if —(a)

that further inspection advice were substituted for the initial inspection advice issued in respect of that controlled item under subsection (1); and

(b)

subsection (3) were not included.

—(1) After a controlled item that is required under this Part to be inspected, or inspected and analysed, upon import or before export, has been so inspected, or inspected and analysed, an authorised officer or a food inspector must issue a written advice (called in this Act an inspection advice) —(a)

to the owner of the controlled item; and

(b)

if the controlled item is under customs control — to the person having possession of the controlled item at the time,

stating —

(c)

whether the whole or a part of the controlled item dealt with in the advice is identified as failing, and in respect of a controlled item that is so identified, how the controlled item is to be dealt with; or

(d)

whether the consignment comprising the controlled item dealt with in the advice is identified as not conforming to any identifying detail of the consignment that is stated in the consignment permit, and in respect of a consignment that is so identified, how the consignment is to be dealt with.

(2) Without limiting subsection (1), an inspection advice issued under this section may indicate that a controlled item identified as failing —(a)

must be destroyed in accordance with the requirements under section 74(3) or (4);

(b)

must either be destroyed or re‑exported from Singapore in accordance with the requirements under that section; or

(c)

must, if not treated by the owner in accordance with the requirements under section 74(2) —(i)

be destroyed; or

(ii)

be destroyed or re-exported from Singapore,

in accordance with the requirements of section 74.

(3) Despite subsections (1) and (2), the owner of a controlled item identified in an inspection advice as failing may, in the circumstances specified in the inspection scheme regulations, apply, in writing, to an authorised officer or a food inspector for the issue of a further inspection advice in respect of a part of that controlled item.

(4) Neither —(a)

the fact that a controlled item identified as failing under an inspection advice may be the subject of an application under subsection (3) for a further inspection advice; nor

(b)

the making of an application under subsection (3) for a further inspection advice in respect of the controlled item,

causes the controlled item to cease to be failing on the basis of the original inspection advice but, if the original inspection advice indicates that the controlled item must be treated, destroyed or re‑exported, the controlled item is not required to be so treated, destroyed or re‑exported unless —

(c)

the circumstances permitting the application for the further inspection advice cease to exist; or

(d)

an application is made under subsection (3) and rejected.

(5) If the owner of a controlled item identified in an inspection advice as failing, makes an application under subsection (3) for the issue of a further inspection advice in respect of a part of the controlled item, the owner must, if the controlled item to which the application relates is under customs control, inform the person having possession of the controlled item that the owner had made that application.

(6) If an application is made under subsection (3), an authorised officer or a food inspector must —(a)

if he or she is not satisfied that the application is made in accordance with the requirements of the inspection scheme regulations, reject the application and give notice to the applicant of that rejection and of the reasons for the rejection; and

(b)

in any other case, consider the application and issue to the applicant a further inspection advice in respect of the controlled item the subject of the application.

(7) If a further inspection advice is issued in respect of the controlled item the subject of an application, this Act has effect as if —(a)

that further inspection advice were substituted for the initial inspection advice issued in respect of that controlled item under subsection (1); and

(b)

subsection (3) were not included.