§ 73 — Holding orders

73.—(1) If —(a)

an inspection, or inspection and analysis, of examinable matter of a particular kind indicates the examinable matter, or a part of the examinable matter, to be failing;

(b)

an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that an examinable matter of a particular kind would, on inspection, or on inspection and analysis, be so identified as failing;

(c)

it is unclear to an authorised officer or a food inspector that an examinable matter of a particular kind is not failing and there are discrepancies, either —(i)

in the documents accompanying a consignment comprising the examinable matter itself; or

(ii)

between the documents accompanying a consignment comprising the examinable matter and the examinable matter,

that suggest that it may be unwise for the authorised officer or food inspector to rely on the documents; or

(d)

an authorised officer or a food inspector has reasonable grounds to believe that the integrity of the examinable matter covered by an import consignment permit, an export consignment permit or a transhipment consignment permit (as the case may be) cannot be ensured,

the authorised officer or food inspector may, by writing, make a holding order —

(e)

stating that, until the revocation of the holding order, the following must be held in a place to be approved in writing by the same or another authorised officer or food inspector, until an inspection, or an inspection and analysis, required under the inspection scheme regulations has been completed:(i)

that consignment comprising the examinable matter;

(ii)

any controlled item of that same kind as the examinable matter that is imported into Singapore after the making of the holding order;

(iii)

if the authorised officer or food inspector states that the holding order is being made in connection with the end of another order under subsection (3) — any controlled item of that same kind that is being held immediately before the end of the other order; and

(f)

specifying the circumstances in which the holding order will be revoked.

(2) If the authorised officer or food inspector is satisfied, in respect of a holding order made under subsection (1), that the circumstances specified for its revocation have occurred, the authorised officer or food inspector must, by writing, immediately revoke the holding order.

(3) If —(a)

an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that a controlled item may, on inspection, or on inspection and analysis, be so identified as failing; and

(b)

the authorised officer or food inspector is satisfied that the risk is serious,

the authorised officer or food inspector may, by writing, make a holding order —

(c)

stating that, until the holding order ends, a controlled item of the same kind that is or is to be imported into Singapore or that is to be exported or transhipped (as the case may be) after the making of the holding order must be held in a place approved in writing by an authorised officer or a food inspector;

(d)

stating that the holding order ends at the earlier of the following times:(i)

at the end of the period of 28 days beginning on the day the holding order is made or, if that period is extended, the end of the extended period;

(ii)

the time when the holding order is revoked; and

(e)

specifying the circumstances in which the holding order will be revoked.

(4) The Agency may, by writing, extend the 28‑day period mentioned in subsection (3)(d)(i) by a further period of up to 28 days, and the Agency may make more than one extension.

(5) Subsection (1) or (3) does not prevent an authorised officer or a food inspector from giving a person an approval to deal with a controlled item of a kind covered by a holding order under that subsection while the holding order is in force.

—(1) If —(a)

an inspection, or inspection and analysis, of examinable matter of a particular kind indicates the examinable matter, or a part of the examinable matter, to be failing;

(b)

an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that an examinable matter of a particular kind would, on inspection, or on inspection and analysis, be so identified as failing;

(c)

it is unclear to an authorised officer or a food inspector that an examinable matter of a particular kind is not failing and there are discrepancies, either —(i)

in the documents accompanying a consignment comprising the examinable matter itself; or

(ii)

between the documents accompanying a consignment comprising the examinable matter and the examinable matter,

that suggest that it may be unwise for the authorised officer or food inspector to rely on the documents; or

(d)

an authorised officer or a food inspector has reasonable grounds to believe that the integrity of the examinable matter covered by an import consignment permit, an export consignment permit or a transhipment consignment permit (as the case may be) cannot be ensured,

the authorised officer or food inspector may, by writing, make a holding order —

(e)

stating that, until the revocation of the holding order, the following must be held in a place to be approved in writing by the same or another authorised officer or food inspector, until an inspection, or an inspection and analysis, required under the inspection scheme regulations has been completed:(i)

that consignment comprising the examinable matter;

(ii)

any controlled item of that same kind as the examinable matter that is imported into Singapore after the making of the holding order;

(iii)

if the authorised officer or food inspector states that the holding order is being made in connection with the end of another order under subsection (3) — any controlled item of that same kind that is being held immediately before the end of the other order; and

(f)

specifying the circumstances in which the holding order will be revoked.

(2) If the authorised officer or food inspector is satisfied, in respect of a holding order made under subsection (1), that the circumstances specified for its revocation have occurred, the authorised officer or food inspector must, by writing, immediately revoke the holding order.

(3) If —(a)

an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that a controlled item may, on inspection, or on inspection and analysis, be so identified as failing; and

(b)

the authorised officer or food inspector is satisfied that the risk is serious,

the authorised officer or food inspector may, by writing, make a holding order —

(c)

stating that, until the holding order ends, a controlled item of the same kind that is or is to be imported into Singapore or that is to be exported or transhipped (as the case may be) after the making of the holding order must be held in a place approved in writing by an authorised officer or a food inspector;

(d)

stating that the holding order ends at the earlier of the following times:(i)

at the end of the period of 28 days beginning on the day the holding order is made or, if that period is extended, the end of the extended period;

(ii)

the time when the holding order is revoked; and

(e)

specifying the circumstances in which the holding order will be revoked.

(4) The Agency may, by writing, extend the 28‑day period mentioned in subsection (3)(d)(i) by a further period of up to 28 days, and the Agency may make more than one extension.

(5) Subsection (1) or (3) does not prevent an authorised officer or a food inspector from giving a person an approval to deal with a controlled item of a kind covered by a holding order under that subsection while the holding order is in force.