§ 92 — Criteria for grant of food business licence

92.—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted a food business licence;

(b)

the conditions to impose on a food business licence;

(c)

whether to modify any condition of a food business licence.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant or food business licensee, or an associate of the applicant or food business licensee, is or was disqualified by section 298 from holding the same licence or another licence;

(b)

whether the applicant or food business licensee is a suitable person to be involved in the management or operation of the licensable food business in the application;

(c)

whether regulatory action under section 96 has been or is being taken or is contemplated against the applicant or food business licensee;

(d)

any available information as to whether or not the applicant or food business licensee has been convicted or found guilty of any relevant offence within the meaning of section 96(3) (whether or not the offence was committed before, on or after the commencement of this section);

(e)

whether the premises at which the licensable food business is or is to be carried on are fit to be used for that type of licensable food business;

(f)

whether —(i)

the written permission or authorisation required by the Planning Act 1998 for the use of the premises for that licensable food business has been granted or deemed granted; and

(ii)

the requirements under any other written law for provisioning of sanitary conveniences in those premises have been complied with;

(g)

whether the applicant or food business licensee has, and will keep and maintain, the following plans relating to the licensable food business:(i)

an accepted farm management plan, where the licensable food business involves any primary production activity;

(ii)

an accepted food control plan, where the licensable food business is a food business mentioned in section 91(2)(b);

(h)

the applicant’s or food business licensee’s compliance history with Part 2, where applicable;

(i)

whether and how the applicant or food business licensee prepares to deal with any disruptive event occurring;

(j)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted a food business licence.

(3) Subsection (2) applies to an applicant or food business licensee which is an entity with the following modifications:(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.

(4) For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular licensable food business that is the subject of an application for a food business licence, the Agency must have regard to all of the following matters:(a)

the person’s compliance history with any of the following so far as that relates to the carrying on of that licensable food business:(i)

the provisions of this Act and any predecessor law about requirements in respect of manufacturing, preparing or handling to ensure safe and suitable food or in respect of primary production activity to ensure safe primary produce;

(ii)

the conditions of any food business licence granted to the person;

(iii)

the provisions of any code of practice applicable to the person;

(iv)

a Part 7 direction;

(b)

the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving safe and suitable food in carrying on that licensable food business.

(5) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(6) In this section, “predecessor law” means any of the following:(a)

the Animals and Birds Act 1965, so far as that Act relates to food producing animals;

(b)

the Control of Plants Act 1993, so far as that Act relates to cultivation of plants intended for human consumption;

(c)

Part 4 of the Environmental Public Health Act 1987;

(d)

the Fisheries Act 1966, so far as that Act relates to cultivation of fish intended for human consumption;

(e)

the Sale of Food Act 1973 repealed by this Act;

(f)

the Wholesome Meat and Fish Act 1999 repealed by this Act.

—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted a food business licence;

(b)

the conditions to impose on a food business licence;

(c)

whether to modify any condition of a food business licence.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

whether the applicant or food business licensee, or an associate of the applicant or food business licensee, is or was disqualified by section 298 from holding the same licence or another licence;

(b)

whether the applicant or food business licensee is a suitable person to be involved in the management or operation of the licensable food business in the application;

(c)

whether regulatory action under section 96 has been or is being taken or is contemplated against the applicant or food business licensee;

(d)

any available information as to whether or not the applicant or food business licensee has been convicted or found guilty of any relevant offence within the meaning of section 96(3) (whether or not the offence was committed before, on or after the commencement of this section);

(e)

whether the premises at which the licensable food business is or is to be carried on are fit to be used for that type of licensable food business;

(f)

whether —(i)

the written permission or authorisation required by the Planning Act 1998 for the use of the premises for that licensable food business has been granted or deemed granted; and

(ii)

the requirements under any other written law for provisioning of sanitary conveniences in those premises have been complied with;

(g)

whether the applicant or food business licensee has, and will keep and maintain, the following plans relating to the licensable food business:(i)

an accepted farm management plan, where the licensable food business involves any primary production activity;

(ii)

an accepted food control plan, where the licensable food business is a food business mentioned in section 91(2)(b);

(h)

the applicant’s or food business licensee’s compliance history with Part 2, where applicable;

(i)

whether and how the applicant or food business licensee prepares to deal with any disruptive event occurring;

(j)

whether it is otherwise not in the public interest of Singapore for the applicant to be granted a food business licence.

(3) Subsection (2) applies to an applicant or food business licensee which is an entity with the following modifications:(a)

paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;

(b)

paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.

(4) For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular licensable food business that is the subject of an application for a food business licence, the Agency must have regard to all of the following matters:(a)

the person’s compliance history with any of the following so far as that relates to the carrying on of that licensable food business:(i)

the provisions of this Act and any predecessor law about requirements in respect of manufacturing, preparing or handling to ensure safe and suitable food or in respect of primary production activity to ensure safe primary produce;

(ii)

the conditions of any food business licence granted to the person;

(iii)

the provisions of any code of practice applicable to the person;

(iv)

a Part 7 direction;

(b)

the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving safe and suitable food in carrying on that licensable food business.

(5) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(6) In this section, “predecessor law” means any of the following:(a)

the Animals and Birds Act 1965, so far as that Act relates to food producing animals;

(b)

the Control of Plants Act 1993, so far as that Act relates to cultivation of plants intended for human consumption;

(c)

Part 4 of the Environmental Public Health Act 1987;

(d)

the Fisheries Act 1966, so far as that Act relates to cultivation of fish intended for human consumption;

(e)

the Sale of Food Act 1973 repealed by this Act;

(f)

the Wholesome Meat and Fish Act 1999 repealed by this Act.