§ 96 — Regulatory action concerning food business licence

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

a food business licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its food business licence;

(ii)

any provision of this Act applicable to the food business licensee so far as that relates to the carrying on of the licensable food business stated in its food business licence, 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 food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;

(iv)

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

(v)

any requirement in section 100 applicable to the food business licensee;

(b)

a food business licensee has ceased to carry on the food business authorised by the food business licence;

(c)

a food business licensee, or any officer of a food business licensee, is convicted of a relevant offence committed during the term of the food business licence or an immediately prior food business licence;

(d)

a food business licensee is suffering from a prescribed infectious disease, or knowingly employs or engages to handle food in the course of the licensee’s licensable food business an individual —(i)

who is or is suspected to be suffering from a prescribed infectious disease; or

(ii)

who refuses to be immunised against a prescribed infectious disease where a direction under section 130 is given in relation to the licensee’s licensable food business;

(e)

the continued use of the premises for a food business under a food business licence would constitute an unacceptable risk to the safety, welfare or wellbeing of customers of that licensable food business at the premises;

(f)

there is or has been a serious failure of the operations of a food business licensee, or there are or have been other matters, that cast doubt on the safety of the primary produce produced, or the safety and suitability of the food manufactured, prepared or supplied, by the food business licensee;

(g)

a food business licence had been obtained by a food business licensee by fraud or misrepresentation; or

(h)

the public interest of Singapore requires,

the Agency may revoke (without any compensation) the food business licence of the food business licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the food business licensee under this Act.

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

censure the food business licensee in writing;

(b)

direct the food business licensee 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 food business licence for not more than 6 months;

(d)

modify any condition of the food business licence;

(e)

direct the food business licensee 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 food business licensee 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 food business licensee with any condition attached to the food business licence;

(ii)

to secure compliance by the food business licensee with any code of practice applicable to the food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the food business licensee.

(3) In this section, “relevant offence” means —(a)

an offence under section 102, 103(1) or (2), 106, 144, 146, 148, 150, 152, 154, 156, 158, 162, 179, 180 or 182;

(b)

an offence under section 139, 140, 253, 256 or 257 in relation to any food business of the food business licensee concerned;

(c)

an offence under section 272, 273 or 284 of the Penal Code 1871 involving food or drinking water; or

(d)

an offence under a repealed law which is prescribed in regulations, being an offence corresponding to any offence 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 food business licensee is contravening or not complying with, or has contravened or failed to comply with —(i)

any of the conditions of its food business licence;

(ii)

any provision of this Act applicable to the food business licensee so far as that relates to the carrying on of the licensable food business stated in its food business licence, 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 food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;

(iv)

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

(v)

any requirement in section 100 applicable to the food business licensee;

(b)

a food business licensee has ceased to carry on the food business authorised by the food business licence;

(c)

a food business licensee, or any officer of a food business licensee, is convicted of a relevant offence committed during the term of the food business licence or an immediately prior food business licence;

(d)

a food business licensee is suffering from a prescribed infectious disease, or knowingly employs or engages to handle food in the course of the licensee’s licensable food business an individual —(i)

who is or is suspected to be suffering from a prescribed infectious disease; or

(ii)

who refuses to be immunised against a prescribed infectious disease where a direction under section 130 is given in relation to the licensee’s licensable food business;

(e)

the continued use of the premises for a food business under a food business licence would constitute an unacceptable risk to the safety, welfare or wellbeing of customers of that licensable food business at the premises;

(f)

there is or has been a serious failure of the operations of a food business licensee, or there are or have been other matters, that cast doubt on the safety of the primary produce produced, or the safety and suitability of the food manufactured, prepared or supplied, by the food business licensee;

(g)

a food business licence had been obtained by a food business licensee by fraud or misrepresentation; or

(h)

the public interest of Singapore requires,

the Agency may revoke (without any compensation) the food business licence of the food business licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the food business licensee under this Act.

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

censure the food business licensee in writing;

(b)

direct the food business licensee 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 food business licence for not more than 6 months;

(d)

modify any condition of the food business licence;

(e)

direct the food business licensee 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 food business licensee 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 food business licensee with any condition attached to the food business licence;

(ii)

to secure compliance by the food business licensee with any code of practice applicable to the food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;

(iii)

for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the food business licensee.

(3) In this section, “relevant offence” means —(a)

an offence under section 102, 103(1) or (2), 106, 144, 146, 148, 150, 152, 154, 156, 158, 162, 179, 180 or 182;

(b)

an offence under section 139, 140, 253, 256 or 257 in relation to any food business of the food business licensee concerned;

(c)

an offence under section 272, 273 or 284 of the Penal Code 1871 involving food or drinking water; or

(d)

an offence under a repealed law which is prescribed in regulations, being an offence corresponding to any offence in paragraph (a).

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