Division 1 — Application and interpretive provisions
Definitions for Part 11
189.—(1) In this Part and sections 303, 313 and 314 —“accepted”, in relation to a feed control plan, means such a plan which the Agency last accepts under this Part;
“active constituent”, in relation to a proposed or existing plant pesticide product, means the substance that is, or one of the substances that together are, primarily responsible for the biological or other effect identifying the product as a plant pesticide;
“animal feed production licensee” means the holder of an animal feed production licence;
“application”, for an animal feed production licence or an appointment as a certified pesticide operator, means an application for or to renew the animal feed production licence or appointment, as the case may be;
“approved label”, in relation to a registered plant pesticide product, means any label approved under section 205(2)(a) for or in respect of the plant pesticide product;
“constituent”, in relation to plant pesticide product, means any constituent of the product (whether an active constituent or not) and includes a chemical or a living thing (other than a human or part of a human);
“container” includes anything by which or in which a plant pesticide or an animal feed is, or is to be, covered, enclosed, contained or packaged, but does not include a container (such as a shipping container) in which other containers of plant pesticides or animal feed are, or are to be, placed for the purpose of being transported;
“feed control plan” means a plan identifying how an animal feed production licensee will carry on the production of animal feed in the course of a business with reference to all or any of the following matters as the Agency considers relevant:(a)
the knowledge, skill, health and hygiene requirements for the people involved in producing the animal feed;
(b)
the details of the animal feed produced and the feed production processes involved;
(c)
the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the production of the animal feed:(i)
the premises (including layout, fittings and fixtures) at which animal feed is produced;
(ii)
the plant or equipment used to produce animal feed;
(iii)
the conveyances used to transport animal feed;
(d)
the systematic identification of the potential hazards that may be reasonably expected to occur in each operation that is to be, or that is being, carried out in the course of producing the animal feed;
(e)
how and where each hazard identified under paragraph (d) can be controlled and the means of control;
(f)
the systematic monitoring of those controls in paragraph (e), and the appropriate corrective action when each hazard identified under paragraph (d) is found not to be under control;
(g)
the procedures and practices established by the licensee so as to monitor and ensure the compliance by the animal feed production licensee, and the employees or workers of the licensee, with —(i)
the requirements of this Act with respect to the licensee’s production of animal feed;
(ii)
any applicable standard as is applicable to the licensee’s production of animal feed;
(iii)
the conditions of the animal feed production licence, if granted; and
(iv)
the accepted feed control plan;
(h)
the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted feed control plan has been complied with;
“keep”, in relation to a plant pesticide, means —(a)
have possession or be in control of the plant pesticide, such as (but not limited to) keeping within any container owned or in the care, control or management of, the person so keeping;
(b)
have the plant pesticide in the control or management of another person, including storing it with that other person; or
(c)
drive or otherwise operate (even by remote control) any conveyance conveying or otherwise carrying the plant pesticide,
and includes exhibit;
“meets the labelling criteria”, for a plant pesticide product, has the meaning given by section 207;
“non‑target plant”, in relation to the use of a plant pesticide product, means any plant that is not specified on the approved label for or in the application for registration of the product as being a plant in respect of which the product may be used;
“pest”, in relation to a plant, means any invertebrate, plant or other living thing (other than a human) that injuriously affects or is capable of injuriously affecting the physical condition, worth or utility of the firstmentioned plant;
“prescribed pesticide work” means the carrying out of any of the following kinds of activities in such circumstances, or by such means, as may be prescribed (if any) by the pesticide control regulations:(a)
the supply or use of plant pesticides for a fee or reward;
(b)
the piloting or use of aircraft in connection with the supply or use of plant pesticides (whether or not for a fee or reward);
(c)
the carrying on of a business involving any of the activities referred to in paragraph (a) or (b), including the employment or engagement of individuals to carry out any of those activities for that business;
“produce”, as a verb in relation to any animal feed, includes all or any of the following:(a)
the breeding or rearing of animals for the purpose of feeding them directly to any food producing animal;
(b)
the hydrolysing, heating, mixing or blending together of any substances to make the animal feed for sale;
(c)
the storing, packing or labelling of unpackaged animal feed for sale;
“registered”, in relation to a plant pesticide product, means registered or deemed registered under this Part but not when the registration of the plant pesticide product is not in force;
“relevant instruction”, for a plant pesticide product, means an instruction that relates to any of the following matters:(a)
any restriction (however expressed) as to the use of the plant pesticide product (for example, a direction not to use the product for any purpose, or in any manner, contrary to the approved label unless authorised by written law);
(b)
the situation in which the use of the plant pesticide product is permitted (for example, the type of crop);
(c)
the pest to be controlled by the plant pesticide product;
(d)
the rate, concentration, frequency or timing, number, volume, or other similar limitation, in respect of which the plant pesticide product may or may not be used;
(e)
the equipment by means of which the plant pesticide product may be used;
(f)
the preparation and mixing of the plant pesticide product;
(g)
withholding periods;
(h)
any restraints on the use of the plant pesticide product (for example, weather conditions, entry to treated areas, distance restrictions);
(i)
the protection of livestock, crops, wildlife or non‑target plants;
(j)
the protection of the environment;
(k)
avoidance of spray drift or vapour movement;
(l)
storing or disposal of the plant pesticide product;
(m)
safety directions and other human‑health related matters;
(n)
expiry dates or dates in which use is permitted;
(o)
any other matter that may be prescribed by the pesticide control regulations;
“residue”, in relation to an active constituent for a proposed or existing plant pesticide product, or in relation to a plant pesticide product, means any remains, persisting in or on any particular premises (including a plant, crop or pasture in those premises in relation to which the product was used), of —(a)
the active constituent, or the active constituents in the plant pesticide product; or
(b)
any derivatives, metabolites, or degradation products, of the active constituent or of the active constituents in the plant pesticide product;
“withholding period”, in relation to the use of a plant pesticide product, means the minimum period that needs to elapse between —(a)
the last use of the product in relation to a crop; and
(b)
the harvesting or cutting of the crop,
in order to ensure that the residues from the plant pesticide product fall to or below the maximum limit that the pesticide control regulations permit.
(2) For the purposes of this Part, a plant pesticide continues to be regarded as a plant pesticide even when it is mixed with some other substance (whether or not the other substance is a plant pesticide).
Application of Part 11
190.—(1) Division 2 does not apply to producing animal feed —(a)
in the course of any research and development activity undertaken directly by the person; or
(b)
for feeding directly to any food producing animal that the person keeps as a pet.
(2) In subsection (1), “research and development activity” means systematic, investigative or experimental activities that involve innovation and are carried on either wholly or partly within Singapore for the purpose of —(a)
increasing or acquiring new knowledge (whether or not that knowledge will have specific practical application); or
(b)
creating new or improved materials, products, devices, processes or services.
(3) Division 3 does not apply to the use of any plant pesticide in —(a)
the cultivation of —(i)
any plant which is not an edible plant;
(ii)
any edible plant which is not for supply, such as for domestic and home gardening; or
(iii)
any edible plant for the primary purpose of the retail sale of the whole edible plant in a pot; or
(b)
the raising or producing of an animal.
Subdivision (1) — Licensing of animal feed production
Application of Division 4 of Part 14 (general licensing procedures)
191.—(1) Division 4 of Part 14 applies to every application for an animal feed production licence, and to every animal feed production licence granted under this Part, subject to the modifications in this Part.
(2) In addition, every application for an animal feed production licence must be accompanied by a feed control plan.
(3) The Agency may require an applicant for an animal feed production licence to amend and re-submit a feed control plan, for the purpose of assessing the application by the applicant.
Criteria for grant, etc., of animal feed production licence
192.—(1) This section applies where the Agency is deciding any of the following:(a)
whether an applicant should be granted an animal feed production licence;
(b)
the conditions to impose on an animal feed production licence;
(c)
whether to modify any condition of an animal feed production 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 animal feed production licensee, or an associate of the applicant or animal feed production licensee, is or was disqualified by section 298 from holding an animal feed production licence;
(b)
whether the applicant or animal feed production licensee is a suitable person to be involved in the management or operation of the production of animal feed which is the subject of the application;
(c)
whether regulatory action under section 196 has been or is being taken or is contemplated against the applicant or animal feed production licensee;
(d)
any available information as to whether or not the applicant or animal feed production licensee has been convicted or found guilty of any relevant offence within the meaning of section 196(3) (whether or not the offence was committed before, on or after the commencement of this section);
(e)
whether there are other grounds for considering that the applicant or animal feed production licensee is likely in the future to fail to comply with any provision of this Act in connection with the production of animal feed to be authorised or authorised by the licence;
(f)
whether the premises at which the production of animal feed is or is to be carried on are fit to be used for that type of activity;
(g)
whether the written permission or authorisation required by the Planning Act 1998 for the use of the premises for the production of animal feed has been granted or deemed granted;
(h)
whether the applicant or animal feed production licensee has, and will keep and maintain, an accepted feed control plan relating to the applicant’s or licensee’s production of animal feed;
(i)
the applicant’s or animal feed production licensee’s compliance history with Part 2, where applicable;
(j)
whether and how the applicant or animal feed production licensee prepares to deal with any disruptive event occurring;
(k)
whether it is otherwise not in the public interest of Singapore for the applicant to be granted an animal feed production licence.
(3) Subsection (2) applies to an applicant or animal feed production 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) and (c) 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 animal feed production licence that is the subject of an application for an animal feed production licence, the Agency must have regard to all of the following matters:(a)
the person’s compliance history with all of the following so far as that relates to the production of animal feed in the course of a business:(i)
the provisions of this Act and any predecessor law about standards and requirements to ensure animal feed which is fit for purpose;
(ii)
the conditions of any animal feed production 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 animal feed which is fit for purpose when producing animal feed.
(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 the Feeding Stuffs Act 1965 as in force before it is first amended by this Act.
Conditions of animal feed production licence
193.—(1) Without limiting section 294, in granting an animal feed production licence to any person, the Agency may impose conditions requiring the animal feed production licensee —(a)
to meet all the applicable standards prescribed in the animal feed regulations, or specified in the licence in so far as the standards are not prescribed, for —(i)
the maintenance, cleanliness and sanitation of the premises where animal feed is produced; and
(ii)
the hygiene of individuals at work in those premises;
(b)
to establish and maintain, and undertake production of animal feed, in accordance with an accepted feed control plan;
(c)
to comply with procedures prescribed in the animal feed regulations to achieve the fitness for purpose of the animal feed produced, including document control and recording;
(d)
to prepare itself for the following ends:(i)
to deal with any disruptive event occurring;
(ii)
to prevent any intentional engaging in conduct, by any individual, so as to jeopardise the fitness for purpose of animal feed which is produced at the premises occupied by the animal feed production licensee, including any attempt to do so,
by establishing and maintaining procedures and plans directed to those ends, and conducting simulations or other tests of those procedures and plans (where necessary) to give effect to those procedures and plans; and
(e)
to furnish or further furnish a performance bond, guarantee or any other form of security of such amount and on such terms and conditions that the Agency considers appropriate.
(2) In particular, in granting an animal feed production licence, the Agency may impose conditions requiring the animal feed production licensee concerned to label packages of animal feed produced by the animal feed production licensee as specified by the Agency in the particular case.
Validity of animal feed production licence
194.—(1) Every animal feed production licence granted under this Part is to be in the form that the Agency determines.
(2) Every animal feed production licence granted under this Part is in force for the period (not exceeding 5 years) specified in the licence —(a)
except when it is wholly suspended under section 196(2); or
(b)
unless it is earlier revoked under section 196(1).
Modifying conditions of animal feed production licence
195. Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of an animal feed production licence without compensating the animal feed production licensee concerned.
Regulatory action concerning animal feed production licence
196.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)
an animal feed production licensee is contravening or not complying with, or has contravened or failed to comply with —(i)
any of the conditions of its animal feed production licence;
(ii)
any provision of this Act applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business, 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 animal feed production licensee so far as that relates to the production of animal feed in the course of business;
(iv)
any direction given to the animal feed production licensee under subsection (2)(e) or (f); or
(v)
any requirement in section 200 applicable to the animal feed production licensee;
(b)
an animal feed production licensee has ceased to produce animal feed in the course of a business;
(c)
an animal feed production licensee, or any officer of an animal feed production licensee, is convicted of a relevant offence committed during the term of the animal feed production licence or an immediately prior animal feed production licence;
(d)
there is or has been a serious failure of the operations of an animal feed production licensee, or there are or have been other matters, that cast doubt on the fitness for purpose of the animal feed produced by the licensee;
(e)
an animal feed production licence had been obtained by an animal feed production licensee by fraud or misrepresentation; or
(f)
the public interest of Singapore so requires,
the Agency may revoke (without any compensation) the animal feed production licence of the animal feed production licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the animal feed production licensee under this Act.
(2) However, the Agency may, in lieu of revoking under subsection (1) the animal feed production licence of an animal feed production licensee, do (without any compensation) one or more of the following:(a)
censure the animal feed production licensee in writing;
(b)
direct the animal feed production 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 animal feed production licence for not more than 6 months;
(d)
modify any condition of the animal feed production licence;
(e)
direct the animal feed production 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 animal feed production 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 animal feed production licensee with any condition of the animal feed production licence;
(ii)
to secure compliance by the animal feed production licensee with any code of practice applicable to the animal feed production licensee so far as that relates to the production of animal feed in the course of business;
(iii)
for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the animal feed production licensee.
(3) In this section, “relevant offence” means any of the following offences:(a)
an offence under section 202 or 203;
(b)
an offence under section 139, 140, 256 or 257 in relation to production of animal feed by the animal feed production licensee concerned;
(c)
an offence under a repealed law which is prescribed in the animal feed 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).
Post-revocation of licence directions
197.—(1) Where the animal feed production licence of an animal feed production licensee is revoked under section 196(1), the Agency may direct as follows:(a)
direct that any animal feed produced under any of the operations of the former animal feed production licensee affected by the revocation must not be sold by that former licensee;
(b)
direct the former animal feed production licensee to take appropriate action to destroy or otherwise dispose of or deal with the affected animal feed.
(2) A person to whom a direction is given under subsection (1) commits an offence if the person fails to comply with the direction, and 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) Subsection (2) does not apply if the person has a reasonable excuse.
Subdivision (2) — Traceability obligations for animal feed production
Application of this Subdivision
198. This Subdivision applies only to an animal feed production licensee in respect of the production of animal feed by the animal feed production licensee, even if the animal feed is not supplied or is for export or exported.
Information animal feed production licensee must keep or have ready access to
199.—(1) Every animal feed production licensee must keep, or have ready access to, the information described in subsection (2) for no shorter than the prescribed period after the date that the animal feed is produced by the animal feed production licensee.
(2) The information is —(a)
the prescribed identity particulars and prescribed contact details of the person to whom the animal feed was supplied or exported by the animal feed production licensee, if supplied or exported;
(b)
the prescribed identity particulars and prescribed contact details of —(i)
the producer of the animal feed; or
(ii)
the person from whom the animal feed production licensee acquired the animal feed;
(c)
a description of the identity of the animal feed by commodity, brand (if any) and lot (if any); and
(d)
any other information that is prescribed.
(3) An animal feed production licensee who contravenes subsection (1) shall be guilty of an offence and 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.
(4) Strict liability applies to the offence in subsection (3).
(5) In this section, “prescribed” means prescribed by any regulations made under Part 15.
Identification, location and tracing of animal feed
200.—(1) An animal feed production licensee must have procedures for —(a)
identifying and locating animal feed produced, supplied or exported by the animal feed production licensee; and
(b)
tracing animal feed so that the animal feed can be traced —(i)
from the supplier of the animal feed to the animal feed production licensee;
(ii)
while the animal feed is under the animal feed production licensee’s control; and
(iii)
from the animal feed production licensee to the next person to whom responsibility for the animal feed has passed.
(2) An animal feed production licensee must ensure that animal feed is identified, located and traced in accordance with those procedures.
(3) The information required under subsection (1) must be accurate.
(4) The information required under subsection (1) must also be sufficient to allow an effective recall to be carried out under Part 7.
(5) An animal feed production licensee must —(a)
have procedures for the recalling of animal feed supplied in Singapore by the animal feed production licensee that the licensee considers to be not fit for purpose or whose fitness for purpose is in doubt;
(b)
conduct simulations or other tests of those procedures if required by the Agency; and
(c)
recall, in accordance with those procedures, animal feed supplied in Singapore by the animal feed production licensee that the licensee considers to be not fit for purpose or whose fitness for purpose is in doubt.
(6) If an animal feed production licensee decides to recall any animal feed on the ground that the animal feed is or might be not fit for purpose, the licensee must notify the Agency of the following as soon as practicable, but no later than 24 hours after making the decision:(a)
the animal feed affected by the recall;
(b)
the reason for the recall.
Providing information — animal feed production licensee
201.—(1) When requested to do so by an authorised officer or a food inspector, an animal feed production licensee is bound to state truly what the animal feed production licensee is requested, and must give information about the matters in section 199(1) —(a)
in a readily accessible format; and
(b)
within 24 hours after the request, or within any reasonable shorter period specified by the authorised officer or food inspector, as the case may be.
(2) Where any information which is required by subsection (1) to be given to an authorised officer or a food inspector is not given or is not given within the time delimited under subsection (1)(b), then the animal feed production licensee requested to give the information shall be guilty of an offence and 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) Subsection (2) does not apply if the person required to give the information has a reasonable excuse.
(4) The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.
Subdivision (3) — Animal feed offences
Unauthorised production of animal feed
202.—(1) A person commits an offence if —(a)
the person produces in Singapore in the course of a business any animal feed; and
(b)
the person is not one of the following:(i)
a holder of a current animal feed production licence;
(ii)
a person exempt from this section under section 320 or 321 in relation to producing animal feed.
(2) A person commits an offence if the person produces in Singapore in the course of a business any animal feed at or on any premises that is not specified in an animal feed production licence granted to the person.
(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 $10,000 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 $20,000 or to imprisonment for a term not exceeding 8 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $20,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $40,000.
(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 under that same subsection.
Producing animal feed that is not fit for purpose
203.—(1) A person commits an offence if —(a)
the person produces in Singapore any animal feed that is not fit for purpose; and
(b)
the person knows, or ought reasonably to know, that the animal feed is not fit for purpose.
(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 $12,000 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 $25,000.
Producing animal feed that is not fit for purpose — strict liability
204.—(1) A person commits an offence if the person produces in Singapore any animal feed that is not fit for purpose.
(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 $8,000 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) Strict liability applies to the offence in subsection (1).
Subdivision (1) — Registration of plant pesticide products
Registration of plant pesticide products
205.—(1) An application to register a plant pesticide product must —(a)
be in the form and manner the Agency specifies;
(b)
be accompanied by an application fee, if prescribed;
(c)
contain —(i)
an address in Singapore at which notices and other documents under this Act for the applicant may be served; or
(ii)
the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; and
(d)
be accompanied by the information prescribed in the pesticide control regulations, and any other additional information that the Agency requires to decide on the application.
(2) Upon receiving an application under subsection (1), the Agency may —(a)
upon receiving a registration fee (if prescribed in the pesticide control regulations) —(i)
register the plant pesticide product; and
(ii)
approve a label for the plant pesticide product which meets the labelling criteria; or
(b)
refuse to register the plant pesticide product.
(3) To avoid doubt, the Agency must not approve a label for an unregistered plant pesticide.
Evaluation of plant pesticide product for registration
206.—(1) In order to ascertain that a plant pesticide product is suitable for registration under this Act, the Agency may —(a)
subject samples of the product to an evaluation by an analyst;
(b)
require the applicant for the registration of the product to send samples of the product for evaluation by an analyst and then submit the evaluation report to the Agency; or
(c)
consider the evaluation report of any body or organisation, whether in Singapore or elsewhere, that has evaluated the product.
(2) The evaluation of a plant pesticide product must include any tests and examination of the product that the Agency considers necessary to determine any of the following matters:(a)
whether the quality, safety or efficacy of the product for the purposes for which it is to be used has been satisfactorily established;
(b)
whether the label to be approved for containers of the product, if registered, meets the labelling criteria;
(c)
whether the product complies with any requirements that are prescribed in relation to it by any pesticide control regulations;
(d)
any other matters relating to the product as the Agency thinks relevant.
(3) All costs reasonably incurred by the Agency for the evaluation of a plant pesticide product under this section must be borne by the applicant for the registration of the product.
Evaluation of label for approval — labelling criteria
207.—(1) A label for containers of a plant pesticide product meets the labelling criteria if the label contains adequate instructions relating to any of the following that are appropriate:(a)
the circumstances in which the plant pesticide product should be used;
(b)
how the product should be used;
(c)
the frequency of the use of the product;
(d)
the withholding period after the use of the product;
(e)
the re‑entry period after the use of the product;
(f)
the disposal of the product when it is no longer required;
(g)
the disposal of containers of the product;
(h)
the safe handling of the product and first aid in the event of an accident caused by the handling of the product;
(i)
any matters prescribed by the pesticide control regulations.
(2) For the purposes of being satisfied as to whether a label meets the labelling criteria, the Agency must have regard to all of the following:(a)
any conditions to which its approval is, or would be, subject;
(b)
whether the label conforms, or would conform, to any standard made for the label under the pesticide control regulations to the extent that the standard relates to matters covered by subsection (1);
(c)
any matters prescribed by the pesticide control regulations.
(3) In this section —“adequate”, in relation to instructions on a label for containers of a plant pesticide product, means adequate to ensure, as far as reasonably practicable, that an active constituent of the plant pesticide product or the plant pesticide product meets all the following safety criteria:(a)
it is not, or would not be, an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues;
(b)
it is not, or would not be, likely to have an effect that is harmful to human beings;
“re‑entry period”, in relation to the use of a plant pesticide product in a particular premises (including a use of the product in relation to a crop or pasture in the premises), means the period after that use during which it is unsafe for an individual to enter those premises without wearing appropriate protective clothing or equipment, or both.
Validity of registration and approved label
208.—(1) The registration of a plant pesticide product under this Act remains in force for the period prescribed in the pesticide control regulations and for so long as the registration is not cancelled or wholly suspended under section 209.
(2) A label for a registered plant pesticide product ceases to be an approved label when the registration of the product is cancelled or whenever that registration is wholly suspended under section 209(2).
Cancellation or suspension of registration
209.—(1) The Agency may cancel the registration of a plant pesticide product if —(a)
the person who applied to register the registered plant pesticide product (called the registrant) applies for the registration of the product to be cancelled;
(b)
the registrant is convicted of an offence under section 220;
(c)
the Agency is reasonably satisfied that it is necessary to stop the use of the plant pesticide product —(i)
in the interest of public health; or
(ii)
because of or to prevent any physical harm or further physical harm, or any risk or further risk of physical harm, to the environment;
(d)
the Agency becomes aware of a circumstance that would have required or permitted the Agency to refuse to register the plant pesticide product, had the Agency been aware of the circumstance immediately before registering the product;
(e)
the supply or use in Singapore of the plant pesticide product has stopped for a continuous period exceeding 12 months; or
(f)
the use of the plant pesticide product is being or has been advertised in Singapore by a registrant in a manner that is false, misleading or deceptive.
(2) However, the Agency may, in lieu of cancelling under subsection (1) the registration of a plant pesticide product, suspend the registration of that product for not more than 6 months.
(3) Before exercising any powers under subsection (1) or (2) on any ground except subsection (1)(a), the Agency must give written notice to the registrant —(a)
stating that the Agency intends to take action under subsection (1) or (2);
(b)
specifying each ground that is the subject of the action; and
(c)
specifying the time (being not less than 14 days starting the date of service of notice on the registrant) within which written representations may be made to the Agency with respect to the proposed action.
(4) The Agency may, after considering any written representation under subsection (3)(c), decide to cancel or suspend the registration of a plant pesticide product as the Agency considers appropriate.
(5) Where the Agency has made any decision under subsection (1) or (2) to cancel or suspend the registration of a plant pesticide product, the Agency must —(a)
serve on the registrant concerned a notice of the Agency’s decision, specifying in the notice the date the cancellation or suspension (as the case may be) takes effect; and
(b)
publish a public notice of the cancellation or suspension (as the case may be) of the registration of the plant pesticide product in any manner that will secure adequate publicity for the cancellation or suspension, specifying in the public notice the date the cancellation or suspension takes effect.
(6) For the purposes of subsection (1)(b), “convicted”, in addition to its ordinary meaning, has the meaning given by subsection (7).
(7) A person is taken to have been convicted of an alleged offence if —(a)
the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or
(b)
the person has been found guilty of the offence but is discharged without conviction.
Subdivision (2) — Certified pesticide operators
Application of Division 4 of Part 14 (general licensing procedures)
210. Division 4 of Part 14 applies to every application to be appointed a certified pesticide operator, and to every certified pesticide operator appointed under this Subdivision, subject to the modifications in this Subdivision.
Criteria for appointment
211.—(1) This section applies where the Agency is deciding any of the following:(a)
whether an applicant should be appointed as a certified pesticide operator;
(b)
the conditions to impose upon appointment as a certified pesticide operator;
(c)
whether to modify any condition of an appointment as a certified pesticide operator.
(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 —(i)
possesses the qualifications and practical experience prescribed in the pesticide control regulations; and
(ii)
is a suitable individual to be a certified pesticide operator;
(b)
the applicant’s compliance history with any of the following so far as that relates to the applicant carrying out any prescribed pesticide work to which the applicant’s application relates:(i)
the conditions of any appointment or previous appointment as a certified pesticide operator;
(ii)
any provision of this Act applicable to the applicant;
(iii)
any provision of a code of practice applicable to the applicant;
(c)
whether regulatory action under section 213 has been or is being taken or is contemplated against the applicant;
(d)
any available information as to whether or not the applicant has been convicted or found guilty of any relevant offence within the meaning of section 213(3);
(e)
whether it is otherwise not in the public interest of Singapore for the applicant to be or continue to be a certified pesticide operator.
(3) 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.
Tenure of appointment
212.—(1) Every appointment as a certified pesticide operator under this Subdivision is in force for the period specified in the appointment —(a)
except when it is suspended under section 213(2); and
(b)
unless it is earlier cancelled under section 213(1).
(2) The period specified in any appointment under this Subdivision must not exceed 3 years.
Regulatory action concerning certified pesticide operator
213.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)
a certified pesticide operator is convicted of a relevant offence committed during the term of his or her appointment;
(b)
a certified pesticide operator is contravening or not complying with, or has contravened or failed to comply with —(i)
any of the conditions of his or her appointment;
(ii)
any provision of this Act applicable to the certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work, 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 certified pesticide operator so far as that relates to the carrying out of prescribed pesticide work; or
(iv)
any direction given to the certified pesticide operator under subsection (2)(b);
(c)
a certified pesticide operator is carrying out, or causing or permitting to be carried out, any prescribed pesticide work in a careless, incompetent or unsafe manner; or
(d)
the appointment of a certified pesticide operator had been obtained by fraud or misrepresentation,
the Agency may cancel (without any compensation) the appointment of the certified pesticide operator.
(2) However, the Agency may, in lieu of cancelling under subsection (1) the appointment of a certified pesticide operator, do (without any compensation) one or more of the following:(a)
censure the certified pesticide operator in writing;
(b)
direct the certified pesticide operator to do, or to refrain from doing, any thing that is specified in a direction, which may include any of the following:(i)
completing any course, training, assessment, examination or test on prescribed pesticide work as the Agency may require;
(ii)
rectifying any contravention or non‑compliance mentioned in subsection (1)(b);
(c)
suspend the appointment for not more than 6 months;
(d)
modify any condition of the appointment.
(3) In this section, “relevant offence” means any of the following:(a)
an offence under section 214, 215, 217, 219 or 220;
(b)
an offence under section 256 or 257 in relation to any prescribed pesticide work.
Subdivision (3) — Plant pesticide offences, defences and presumptions
Unauthorised individual carrying on prescribed pesticide work
214.—(1) An individual commits an offence if —(a)
the individual carries on, or causes or permits to be carried on, any prescribed pesticide work for reward; and
(b)
the individual —(i)
is not a certified pesticide operator authorised to carry out that kind of prescribed pesticide work;
(ii)
is not doing so under the direction or supervision of a certified pesticide operator authorised to carry out that kind of prescribed pesticide work; and
(iii)
is not exempt under section 320 or 321 from this section.
(2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(b)
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.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means an individual 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 individual is convicted or found guilty of the current offence, of an offence under subsection (1).
Unregistered plant pesticide use
215.—(1) A person commits an offence if —(a)
the person intentionally uses, or causes or permits the use of, any plant pesticide in —(i)
the cultivation of any edible plant; or
(ii)
any place where any primary production activity is undertaken;
(b)
the plant pesticide is an unregistered plant pesticide; and
(c)
the person knows, or ought reasonably to know, that the pesticide is an unregistered plant pesticide.
(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).
Unregistered plant pesticide use — strict liability
216.—(1) A person commits an offence if —(a)
the person intentionally uses, or causes or permits the use of, any plant pesticide in —(i)
the cultivation of any edible plant; or
(ii)
any place where any primary production activity is undertaken; and
(b)
the plant pesticide is an unregistered plant pesticide.
(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) Strict liability applies to the offence in subsection (1) except subsection (1)(a).
Improper plant pesticide use
217.—(1) A person commits an offence if —(a)
the person intentionally uses, or causes or permits the use of, any plant pesticide in the cultivation of any edible plant;
(b)
the plant pesticide is a registered plant pesticide product;
(c)
the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product; and
(d)
the person knows, or ought reasonably to know, that the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product.
(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).
Improper plant pesticide use — strict liability
218.—(1) A person commits an offence if —(a)
the person intentionally uses, or causes or permits the use of, any plant pesticide in the cultivation of any edible plant;
(b)
the plant pesticide is a registered plant pesticide product; and
(c)
the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product.
(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) Strict liability applies to the offence in subsection (1) except subsection (1)(a).
Keeping plant pesticide in container without approved label
219.—(1) A person commits an offence if the person, without reasonable excuse, keeps a registered plant pesticide product in a container that does not bear a label that is identical to the approved label for that product.
(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 a prosecution for an offence under subsection (1) —(a)
it is not necessary for the prosecution to prove that the person charged knew or had reason to believe that the container of the registered plant pesticide product did not bear a label that is identical to the approved label for that product; but
(b)
it is a defence for the person charged to prove, on a balance of probabilities, that the person charged did not know, and could not reasonably have been expected to know, that the plant pesticide product was in the container.
Interference with approved labels
220.—(1) A person commits an offence if the person, without reasonable excuse —(a)
intentionally removes, alters, defaces or destroys; or
(b)
causes or allows to be intentionally removed, altered, defaced or destroyed,
an approved label on a container of a registered plant pesticide product, except in accordance with subsection (2).
(2) A person may remove, alter, deface or destroy a label on a container of a registered plant pesticide product —(a)
in the course of disposing of the container which is empty; or
(b)
for the purpose of altering or replacing a label attached to the container containing the registered plant pesticide product in order to meet an applicable requirement of this Act relating to information on approved labels for that product.
(3) 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.
(4) For the purpose of this section, where anything is attached to a label, or to the container to which a label is affixed, in such a way as to obscure anything printed on the label, the label is taken to be defaced.
(5) For the purposes of subsection (1), where any modification is made to the content of any approved label that causes the relevant instructions on the approved label to be less easily legible, the label is taken to be altered.
(6) However, subsection (1) does not apply to an alteration that consists of a modification to the content of an approved label that is prescribed in the pesticide control regulations as not likely to cause the registration of the plant pesticide product to be cancelled or the approval for the label to be cancelled.
Defence to offence of unregistered plant pesticide use
221.—(1) In proceedings for an offence under section 215(1) or 216(1), it is a defence for the person charged to prove, on a balance of probabilities, that —(a)
the person did not cultivate the edible plant as food, or for the purpose of supplying it as food;
(b)
the person had, in the course of supplying or offering or exposing for supply by retail, any edible plant, displayed or caused to be displayed, conspicuously within the premises or place where the plant was supplied or offered or exposed for supply, such number of warning notices stating that the edible plant is not cultivated or supplied as food as will give any customer in the premises or place adequate notice of that fact;
(c)
the person cultivated the edible plant in the course of, or for the purpose of, that plant being exported; or
(d)
a contract or arrangement has been entered into, or an understanding has been arrived at, for the edible plant to be exported, whether or not the person charged is a party to that contract, arrangement or understanding.
(2) To avoid doubt, this section does not affect section 26H(4) of the Penal Code 1871 or any other exception in Chapter 4 of that Code.
Defence to offence of improper plant pesticide use
222.—(1) In proceedings for an offence under section 217(1) or 218(1), it is a defence for the person charged to prove, on a balance of probabilities, that —(a)
the person complied with the relevant instructions on an approved label for a registered plant pesticide product (being an approved label that, at the time of the alleged offence, was affixed or attached to, or appeared on, the container of the plant pesticide product that was used); or
(b)
the person —(i)
used a registered plant pesticide product at a concentration or rate lower than that specified in the relevant instructions on an approved label for the plant pesticide product (provided that the lower concentration or rate was not prohibited by the relevant instructions); and
(ii)
otherwise complied with the relevant instructions on the approved label.
(2) To avoid doubt, this section does not affect section 26H(4) of the Penal Code 1871 or any other exception in Chapter 4 of that Code.
Presumption as to use of plant pesticide
223. In proceedings for an offence under section 215(1), 216(1), 217(1) or 218(1) involving the use, or causing or permitting the use of, any plant pesticide in the cultivation of any edible plant on any premises, where it is proved that —(a)
the premises are those on which a police officer or an authorised officer as authorised under this Act to enter those premises, finds upon entering those premises at that particular time —(i)
any container on the premises containing at least 10 grams (or 10 millilitres) of plant pesticide; or
(ii)
any individual in those premises intentionally concealing, intentionally removing or intentionally destroying, any container containing at least 10 grams (or 10 millilitres) of plant pesticide; and
(b)
the premises are used (in whole or in part) at the particular time by any person to undertake any primary production activity involving the cultivation of any edible plant,
every adult occupier of those premises at that particular time is presumed, until the contrary is proved, to have at that particular time the intent to keep the plant pesticide to apply, spray, spread or disperse the plant pesticide by any means on the edible plant in paragraph (b).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
