Definitions for Part 10
177.—(1) In this Part —“composition”, in relation to food, includes information about the ingredients or other constituents, or the proportion of ingredients or other constituents, of the food;
“relevant advertising regulations” means —(a)
the provisions of any regulations made under Part 15 that relate to advertisements; or
(b)
the provisions of the Part 9 Regulations that relate to advertisements;
“relevant regulations” means any of the following that are not relevant advertising regulations:(a)
the standards or any other regulations made under Part 15;
(b)
the Part 9 Regulations;
“representation” means —(a)
an express or implied claim or promise; or
(b)
an express or implied statement made in any way,
and includes an advertisement or the content of any label.
(2) In this Part, an advertising of an advertisement is Singapore‑linked if the person who publishes, or causes or authorises the publishing, in Singapore of the advertisement is —(a)
an individual physically present in Singapore when he or she publishes, or causes or authorises the publishing, in Singapore of the advertisement;
(b)
an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated, under any written law, when the entity publishes, or causes or authorises the publishing, in Singapore of the advertisement; or
(c)
a corporation sole or corporation aggregate established under a private Act when it publishes, or causes or authorises the publishing, in Singapore of the advertisement.
Meaning of “falsely describe” in relation to food
178. For the purposes of this Part, food that is falsely described includes food to which any one or more of the following paragraphs apply:(a)
the food is represented as being of a particular composition or nature for which there is an applicable standard and the food does not comply with that standard;
(b)
any content used on the packaging or in the labelling in or with which the food is packed, labelled or offered for supply would create a false impression as to the composition, effect, nature or origin of the food, in the mind of a reasonable person;
(c)
the food is not of the composition, effect, nature or origin represented by the manner in which the food is advertised, packed, labelled or offered for supply;
(d)
the description of the food conceals the fact that the food is unsafe or unsuitable.
Misleading or deceptive conduct in the course of food business
179.—(1) A person commits an offence if the person, in the course of carrying on a food business, engages in conduct that is misleading or deceptive or is likely to mislead or deceive, in relation to —
(a)
the packaging or labelling of food intended for supply; or
(b)
the supply of food.Illustration
Making a false or misleading representation about a particular food that purports to be a testimonial by any person relating to the food offered for supply.
(2) A person who is guilty of an offence under subsection (1) 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.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), 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 —(i)
under subsection (1); or
(ii)
under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.
(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.
(5) This section does not apply to publication in Singapore of an advertisement relating to food.
(6) Nothing in sections 180, 181 and 182 limits subsection (1).
Supplying falsely described food
180.—(1) A person commits an offence if —
(a)
the person, in the course of carrying on a food business, supplies food that is packed or labelled in a way that falsely describes the food; and
(b)
the person knows, or ought reasonably to know, that the packaging or labelling falsely describes the food.
(2) A person commits an offence if the person —
(a)
supplies in the course of carrying on a food business, any food to another person;
(b)
gives the other person a false warranty for the food; and
(c)
when giving the warranty, knows or ought reasonably to know, that the warranty is false.
(3) A person who is guilty of an offence under subsection (1) or (2) 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.
(4) In subsection (3), “repeat offender”, in relation to an offence under subsection (1) or (2), 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 —(i)
under that same subsection as the current offence; or
(ii)
under section 20 of the Sale of Food Act 1973 for contravening section 17 of that Act.
(5) For the purposes of subsection (4), the conviction or finding of guilt for an offence referred to in subsection (4)(b)(ii) may be before, on or after the commencement of this section.
Supplying falsely described food — strict liability
181.—(1) A person commits an offence if the person, in the course of carrying on a food business —
(a)
supplies to another person food that is packed or labelled in a way that falsely describes the food; or
(b)
supplies food to another person and gives that person a false warranty for the food.
(2) A person who commits an offence under subsection (1) shall be liable on conviction —
(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(3) In proceedings for an offence under subsection (1) —
(a)
it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food is falsely described, or that the warranty is false, as the case may be; but
(b)
it is a defence to the charge for the person charged to prove, on a balance of probabilities, that the person charged —(i)
did not know and could not reasonably have been expected to know, that the food was falsely described when supplied; or
(ii)
when giving the warranty, had reason to believe that the assertions or statements contained in the warranty were true.
Meat substitution
182.—(1) A person must not, during the slaughter of animals to produce meat or meat products or during meat processing, do something to the meat —
(a)
with the intention of deceiving someone else about the species of animal the meat is from; or
(b)
that the person knows, or ought reasonably to know, is likely to result in someone else being deceived about the species of animal the meat is from.
(2) A person who is guilty of an offence under subsection (1) 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.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), 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 subsection (1).
(4) For the purposes of this section, it is immaterial whether the meat concerned is safe.
Mislabelling food for supply
183.—(1) A person commits an offence if the person labels, or causes to be labelled, any food in connection with —
(a)
the supply or possible supply of the food in the course of carrying on a food business; or
(b)
the promotion of the supply or use of the food in the course of carrying on a food business,
in a way that —
(c)
contains any content which is prohibited by any relevant regulations for that food;
(d)
does not contain any content which is required by any relevant regulations to be used in relation to that food; or
(e)
contains content in a form contrary to any relevant regulations as they apply in relation to that food.
(2) A person commits an offence if the person supplies, in the course of carrying on a food business, any food that —
(a)
is labelled in a way that —(i)
contains any content which is prohibited by any relevant regulations for that food;
(ii)
does not contain any content which is required by any relevant regulations to be used in relation to that food; or
(iii)
contains content in a form contrary to any relevant regulations as they apply in relation to that food; or
(b)
does not bear any label where such a label is required by any relevant regulations in relation to that food.
(3) In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the label —
(a)
contains any content which is prohibited by any relevant regulations for that food;
(b)
does not contain any content which is required by any relevant regulations to be used in relation to that food; or
(c)
contains content in a form contrary to any relevant regulations as they apply in relation to that food.
(4) In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the food does not bear any label where such a label is required by any relevant regulations in relation to that food.
(5) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction —
(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Offences involving non-compliant advertising
184.—(1) A person commits an offence if —
(a)
the person publishes, or causes or authorises to be published, in Singapore any advertisement about a food or a regulated food contact article;
(b)
the advertisement contains any content that —(i)
contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or
(ii)
is or contains a false description of the food, or is false as to the suitability of the regulated food contact article; and
(c)
the advertising of the advertisement is Singapore‑linked.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —
(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(3) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the advertisement about a food or a regulated food contact article contains any content that —
(a)
contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or
(b)
is or contains a false description of the food, or is false as to the suitability of the regulated food contact article.
(4) Without limiting subsection (1)(b)(i), an advertisement containing any content that is any of the following, is to be treated as contravening any requirement of the relevant advertising regulations that is applicable to a food or a regulated food contact article:
(a)
content that is prohibited by a relevant advertising regulation applicable to the food or regulated food contact article from being made in an advertisement in relation to, or being marked or attached to, the food or regulated food contact article;
(b)
content that expressly or impliedly qualifies, or is contrary to, content required by a relevant advertising regulation to be made in relation to, or to be marked or attached to the food or regulated food contact article;
(c)
content that fails to include content required by a relevant advertising regulation to be made in an advertisement relating to the food or regulated food contact article.
(5) In proceedings for an offence under subsection (1)(b)(ii), an advertisement is taken to be false or to contain a false description of the food or to be false as to the suitability of the regulated food contact article, unless evidence is adduced by the accused to the contrary.
(6) To avoid doubt, subsection (5) does not —
(a)
have the effect that, merely because such evidence to the contrary is adduced, the advertisement is not false as to the relevant matter in subsection (1)(b)(ii); or
(b)
have the effect of placing on any person the onus of proving that the advertisement is not false as to the relevant matter in subsection (1)(b)(ii).
Advertising defined food
185.—(1) A person commits an offence if —(a)
the person advertises any food;
(b)
the food is a defined food at the time of the advertising; and
(c)
the advertising of the advertisement is Singapore‑linked.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(3) For the purposes of this section, it is immaterial whether the food concerned is safe.
General defence of due diligence
186.—(1) In a prosecution of a person for an offence under section 179, 180, 181, 182 or 183, it is a defence for the person charged to prove, on a balance of probabilities, that —
(a)
the commission of the offence was due to —(i)
an act or omission of another person; or
(ii)
an accident or some other cause outside the control of the person charged; and
(b)
the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.
(2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —
(a)
an employee or agent of the person charged; or
(b)
if the person charged is an entity, an officer of the entity.
(3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.
Defence in respect of food for export
187.—(1) In a prosecution of a person for an offence under section 183 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that —
(a)
the food in question is to be exported to another country; and
(b)
the food complies with the laws (if any) in force at the time of the alleged offence, of the country to which the food is to be exported, being laws that deal with the same subject matter as the provision of this Act is concerned.
(2) This section does not apply to food that was originally intended for export but was supplied in Singapore.
Defence relating to advertising
188.—(1) In a prosecution of a person for an offence under section 184 or 185 in relation to publishing an advertisement about a food or a regulated food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that the person was acting in the course of a business of delivering, transmitting or broadcasting information or material (in whatever form or by whatever means) or making data available, and the nature of the business is such that persons undertaking it have no control over the nature or content of the information or material or data.
(2) In a prosecution of a person for an offence under section 184 or 185 in relation to publishing an advertisement about a food or a regulated food contact article, it is also a defence for the person charged to prove, on a balance of probabilities, that —(a)
the advertisement about the food or regulated food contact article was so published as an accidental or incidental accompaniment to the publication of any other matter not forming part of any promotion of the food or regulated food contact article in question; and
(b)
the person does not receive any direct or indirect benefit (whether financial or not) for publishing that advertisement, in addition to any direct or indirect benefit that the person receives for publishing that other matter.
(3) In addition, in any proceedings for an offence under section 184 or 185 in relation to publishing an advertisement about a food or a regulated food contact article, it is a further defence for the person charged to prove, on a balance of probabilities, that the person —(a)
is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business; and
(b)
has no financial interest in the food or regulated food contact article featured in the advertisement.
(4) However, subsections (1), (2) and (3) do not apply if the person charged for an offence under section 184 or 185 in relation to publishing an advertisement about a food or a regulated food contact article —(a)
had previously been informed in writing by the Agency or a Part 9 enforcement officer that publishing the advertisement or a similar advertisement in Singapore would constitute an offence under this Part;
(b)
ought reasonably to have known that the publishing of the advertisement in Singapore was an offence under this Part; or
(c)
is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published.
(5) To avoid doubt, nothing in this Act limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
