§ 8 — Meanings of “sell” and “supply”

8.—(1) In this Act, “sell”, in relation to food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to food for handling or for human consumption:(a)

sell or re‑sell;

(b)

barter;

(c)

receive, or having in possession, for sale;

(d)

display for sale;

(e)

send, forward or deliver for sale;

(f)

dispose of by any method for valuable consideration;

(g)

dispose of to an agent for sale on consignment;

(h)

provide as a refreshment or a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work;

(i)

offer or give away for the purpose of advertising or in furtherance of any trade or business;

(j)

provide under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food provided and the accommodation, service or entertainment;

(k)

provide food (whether or not for consideration) in the course of providing services —(i)

to patients in hospitals, hospices and other residential care facilities like nursing homes;

(ii)

to children or other individuals in the care or custody of the provider by virtue of any Act; or

(iii)

to prisoners or inmates in prisons or other places for the detention of individuals under any Act;

(l)

dispose of by way of raffle, lottery or other game of chance;

(m)

offer as a prize or reward.

(2) In this Act, “sell”, in relation to any other object or thing which is not food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to the object or thing:(a)

sell or re‑sell;

(b)

barter;

(c)

receive, or having in possession, for sale;

(d)

display for sale;

(e)

send, forward or deliver for sale;

(f)

dispose of by any method for valuable consideration;

(g)

dispose of to an agent for sale on consignment;

(h)

offer or give away for the purpose of advertising or in furtherance of any trade or business;

(i)

dispose of by way of raffle, lottery or other game of chance;

(j)

offer as a prize or reward.

(3) In this Act, “supply” —(a)

in relation to food, includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to food for handling or for human consumption:(i)

sell;

(ii)

donate, or give to another without receiving any money or money’s worth;

(b)

in relation to non-packaged drinking water, has the meaning given by section 114(1); and

(c)

in relation to an object or a thing not in paragraphs (a) and (b), includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to the object or thing:(i)

sell;

(ii)

donate, or give to another without receiving any money or money’s worth.

(4) For the purposes of this Act —(a)

food, an object or a thing that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertising or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food, object or thing;

(b)

food, an object or a thing that is donated to a person who distributes food, objects or things for a charitable, benevolent or philanthropic purpose is not to be taken to be food, an object or a thing that was given away for the purpose of advertising or in furtherance of trade or business;

(c)

food, an object or a thing that is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises;

(d)

food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as food for sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and

(e)

food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as food sold, offered for sale, or displayed for sale, for human consumption.

(5) Despite subsections (1), (2) and (3), this Act does not extend to the following:(a)

exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature;

(b)

giving food, an object, or a thing to another individual as part of a personal relationship between individuals that is not commercial in nature;

(c)

providing food together with accommodation to an individual residing at another individual’s private residence in exchange for services or labour by the firstmentioned individual.

—(1) In this Act, “sell”, in relation to food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to food for handling or for human consumption:(a)

sell or re‑sell;

(b)

barter;

(c)

receive, or having in possession, for sale;

(d)

display for sale;

(e)

send, forward or deliver for sale;

(f)

dispose of by any method for valuable consideration;

(g)

dispose of to an agent for sale on consignment;

(h)

provide as a refreshment or a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work;

(i)

offer or give away for the purpose of advertising or in furtherance of any trade or business;

(j)

provide under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food provided and the accommodation, service or entertainment;

(k)

provide food (whether or not for consideration) in the course of providing services —(i)

to patients in hospitals, hospices and other residential care facilities like nursing homes;

(ii)

to children or other individuals in the care or custody of the provider by virtue of any Act; or

(iii)

to prisoners or inmates in prisons or other places for the detention of individuals under any Act;

(l)

dispose of by way of raffle, lottery or other game of chance;

(m)

offer as a prize or reward.

(2) In this Act, “sell”, in relation to any other object or thing which is not food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to the object or thing:(a)

sell or re‑sell;

(b)

barter;

(c)

receive, or having in possession, for sale;

(d)

display for sale;

(e)

send, forward or deliver for sale;

(f)

dispose of by any method for valuable consideration;

(g)

dispose of to an agent for sale on consignment;

(h)

offer or give away for the purpose of advertising or in furtherance of any trade or business;

(i)

dispose of by way of raffle, lottery or other game of chance;

(j)

offer as a prize or reward.

(3) In this Act, “supply” —(a)

in relation to food, includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to food for handling or for human consumption:(i)

sell;

(ii)

donate, or give to another without receiving any money or money’s worth;

(b)

in relation to non-packaged drinking water, has the meaning given by section 114(1); and

(c)

in relation to an object or a thing not in paragraphs (a) and (b), includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to the object or thing:(i)

sell;

(ii)

donate, or give to another without receiving any money or money’s worth.

(4) For the purposes of this Act —(a)

food, an object or a thing that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertising or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food, object or thing;

(b)

food, an object or a thing that is donated to a person who distributes food, objects or things for a charitable, benevolent or philanthropic purpose is not to be taken to be food, an object or a thing that was given away for the purpose of advertising or in furtherance of trade or business;

(c)

food, an object or a thing that is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises;

(d)

food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as food for sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and

(e)

food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as food sold, offered for sale, or displayed for sale, for human consumption.

(5) Despite subsections (1), (2) and (3), this Act does not extend to the following:(a)

exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature;

(b)

giving food, an object, or a thing to another individual as part of a personal relationship between individuals that is not commercial in nature;

(c)

providing food together with accommodation to an individual residing at another individual’s private residence in exchange for services or labour by the firstmentioned individual.