§ 74 — Treatment, destruction or re-export of failing food, etc.

74.—(1) This section applies to a controlled item that —(a)

has been identified in an inspection advice as failing; and

(b)

is required, under that advice, to be treated, destroyed or re‑exported from Singapore.

(2) If an inspection advice, given in respect of a controlled item to which this section applies, permits the treatment of the controlled item so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item —(a)

require the owner to treat the controlled item in a specified manner or in a manner to be agreed between the owner and the authorised officer or food inspector (as the case may be) so as to enable it to be brought into compliance with this Act or to be so used for a purpose other than human consumption; or

(b)

if the owner is unable or unwilling to so treat the controlled item, require either —(i)

the destruction of the controlled item in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or

(ii)

the re‑export of the controlled item.

(3) If an inspection advice requires the destruction of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector.

(4) If an inspection advice requires the destruction or re‑export of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require either —(a)

its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or

(b)

its re‑export.

(5) A permission to treat or a requirement to destroy or re‑export a controlled item in a written notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the controlled item has been identified as failing and to any difficulties associated with arranging for its treatment, destruction or re‑export) within which that treatment, destruction or re-export is to be completed.

(6) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be treated, destroyed or re‑exported arranges for a treatment, destruction or re‑export in accordance with the written notice, that treatment, destruction or re‑export may be supervised by an authorised officer or a food inspector.

(7) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported refuses or fails to arrange for the destruction or re‑export of the controlled item in accordance with the written notice, the Agency may —(a)

carry out or cause to be carried out the destruction or re‑export required in that written notice; and

(b)

recover all expenses reasonably incurred by the Agency in the exercise of the powers under this subsection from the person in default.

(8) Without limiting the right of the Agency to exercise any power under subsection (7), the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported commits an offence if the owner intentionally refuses or fails to comply with the requirement to destroy or re‑export that controlled item.

(9) A person who is guilty of an offence under subsection (8) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(10) Subsection (8) does not apply if the person has a reasonable excuse.

(11) In this section —“owner”, in relation to a controlled item that is permitted to be treated or required to be destroyed or re‑exported, means a person having a beneficial interest in the controlled item other than a person who has such an interest only because he or she has been given a mortgage or charge, or has a lien, over the goods;

“repeat offender”, in relation to an offence under this section, means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under this section.

—(1) This section applies to a controlled item that —(a)

has been identified in an inspection advice as failing; and

(b)

is required, under that advice, to be treated, destroyed or re‑exported from Singapore.

(2) If an inspection advice, given in respect of a controlled item to which this section applies, permits the treatment of the controlled item so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item —(a)

require the owner to treat the controlled item in a specified manner or in a manner to be agreed between the owner and the authorised officer or food inspector (as the case may be) so as to enable it to be brought into compliance with this Act or to be so used for a purpose other than human consumption; or

(b)

if the owner is unable or unwilling to so treat the controlled item, require either —(i)

the destruction of the controlled item in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or

(ii)

the re‑export of the controlled item.

(3) If an inspection advice requires the destruction of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector.

(4) If an inspection advice requires the destruction or re‑export of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require either —(a)

its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or

(b)

its re‑export.

(5) A permission to treat or a requirement to destroy or re‑export a controlled item in a written notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the controlled item has been identified as failing and to any difficulties associated with arranging for its treatment, destruction or re‑export) within which that treatment, destruction or re-export is to be completed.

(6) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be treated, destroyed or re‑exported arranges for a treatment, destruction or re‑export in accordance with the written notice, that treatment, destruction or re‑export may be supervised by an authorised officer or a food inspector.

(7) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported refuses or fails to arrange for the destruction or re‑export of the controlled item in accordance with the written notice, the Agency may —(a)

carry out or cause to be carried out the destruction or re‑export required in that written notice; and

(b)

recover all expenses reasonably incurred by the Agency in the exercise of the powers under this subsection from the person in default.

(8) Without limiting the right of the Agency to exercise any power under subsection (7), the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported commits an offence if the owner intentionally refuses or fails to comply with the requirement to destroy or re‑export that controlled item.

(9) A person who is guilty of an offence under subsection (8) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(10) Subsection (8) does not apply if the person has a reasonable excuse.

(11) In this section —“owner”, in relation to a controlled item that is permitted to be treated or required to be destroyed or re‑exported, means a person having a beneficial interest in the controlled item other than a person who has such an interest only because he or she has been given a mortgage or charge, or has a lien, over the goods;

“repeat offender”, in relation to an offence under this section, means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under this section.