§ 83 — Regulatory action concerning licence

83.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)

a licensed importer or licensed exporter is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its licence;

(ii)

any provision of this Act applicable to the licensed importer or licensed exporter so far as that relates to trading activity, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;

(iv)

any direction given to the licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 88 applicable to the licensee;

(b)

the licensed importer or licensed exporter has ceased to undertake the trading activity authorised by its licence;

(c)

the licensed importer or licensed exporter, or any officer of the licensed importer or licensed exporter, is convicted of a relevant offence committed during the term of the licence or an immediately prior licence;

(d)

there is or has been a serious failure of the operations of the licensed importer or licensed exporter, or there are or have been other matters, that cast doubt on the safety of the food imported, exported or transhipped by the licensed importer or licensed exporter;

(e)

the licence had been obtained by the licensee by fraud or misrepresentation; or

(f)

the public interest of Singapore requires,

the Agency may revoke (without any compensation) the licence of the licensed importer or licensed exporter, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensed importer or licensed exporter (as the case may be) under this Act.

(2) However, the Agency may, in lieu of revoking under subsection (1) the licence of a licensed importer or licensed exporter, do (without any compensation) one or more of the following:(a)

censure the licensed importer or licensed exporter in writing;

(b)

direct the licensed importer or licensed exporter to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the licence for not more than 6 months;

(d)

modify any condition of the licence;

(e)

direct the licensed importer or licensed exporter to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the licensed importer or licensed exporter of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence;

(ii)

to secure compliance by the licensed importer or licensed exporter with any code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensed importer or licensed exporter.

(3) In subsection (1)(c), “relevant offence” means —(a)

an offence under section 45, 47, 51, 55, 57, 61 or 63, or under section 59 or 65 (involving unsafe food only) or under section 256 (involving a foreign government certificate only);

(b)

an offence under section 139 in relation to any food or food contact article imported by the licensee concerned;

(c)

an offence under section 257 in relation to any trading activity of the licensed importer or licensed exporter;

(d)

an offence under —(i)

section 28 or 28A of the Regulation of Imports and Exports Act 1995 in relation to any import‑controlled item, export‑controlled item or transhipment‑controlled item imported, exported or transhipped by the licensee concerned; or

(ii)

the Regulation of Imports and Exports (Chewing Gum) Regulations (R 4); or

(e)

an offence —(i)

under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;

(ii)

under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act;

(iii)

under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act; or

(iv)

under any other repealed law which corresponds to an offence mentioned in paragraph (a).

(4) Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).

—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)

a licensed importer or licensed exporter is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its licence;

(ii)

any provision of this Act applicable to the licensed importer or licensed exporter so far as that relates to trading activity, the contravention of or non‑compliance with which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;

(iv)

any direction given to the licensee under subsection (2)(e) or (f); or

(v)

any requirement in section 88 applicable to the licensee;

(b)

the licensed importer or licensed exporter has ceased to undertake the trading activity authorised by its licence;

(c)

the licensed importer or licensed exporter, or any officer of the licensed importer or licensed exporter, is convicted of a relevant offence committed during the term of the licence or an immediately prior licence;

(d)

there is or has been a serious failure of the operations of the licensed importer or licensed exporter, or there are or have been other matters, that cast doubt on the safety of the food imported, exported or transhipped by the licensed importer or licensed exporter;

(e)

the licence had been obtained by the licensee by fraud or misrepresentation; or

(f)

the public interest of Singapore requires,

the Agency may revoke (without any compensation) the licence of the licensed importer or licensed exporter, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensed importer or licensed exporter (as the case may be) under this Act.

(2) However, the Agency may, in lieu of revoking under subsection (1) the licence of a licensed importer or licensed exporter, do (without any compensation) one or more of the following:(a)

censure the licensed importer or licensed exporter in writing;

(b)

direct the licensed importer or licensed exporter to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;

(c)

suspend (in whole or in part) the licence for not more than 6 months;

(d)

modify any condition of the licence;

(e)

direct the licensed importer or licensed exporter to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;

(f)

direct the furnishing by the licensed importer or licensed exporter of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)

to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence;

(ii)

to secure compliance by the licensed importer or licensed exporter with any code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensed importer or licensed exporter.

(3) In subsection (1)(c), “relevant offence” means —(a)

an offence under section 45, 47, 51, 55, 57, 61 or 63, or under section 59 or 65 (involving unsafe food only) or under section 256 (involving a foreign government certificate only);

(b)

an offence under section 139 in relation to any food or food contact article imported by the licensee concerned;

(c)

an offence under section 257 in relation to any trading activity of the licensed importer or licensed exporter;

(d)

an offence under —(i)

section 28 or 28A of the Regulation of Imports and Exports Act 1995 in relation to any import‑controlled item, export‑controlled item or transhipment‑controlled item imported, exported or transhipped by the licensee concerned; or

(ii)

the Regulation of Imports and Exports (Chewing Gum) Regulations (R 4); or

(e)

an offence —(i)

under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;

(ii)

under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act;

(iii)

under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act; or

(iv)

under any other repealed law which corresponds to an offence mentioned in paragraph (a).

(4) Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).