Division 1 — General provisions
Definitions for Part 13
230. In this Part —“civil penalty provision”, for an entity subject to a minimum stockholding requirement in relation to an MSR product, means —(a)
section 29(1) under which the entity is or may be liable to pay an MSR charge for contravention of the requirement in section 20(b) as it applies to that entity and MSR product; or
(b)
section 30(1) under which the entity is or may be liable to pay an MSR charge for contravention of the requirement in section 20(a) as it applies to that entity and MSR product;
“enter”, in relation to premises which are a conveyance, includes boarding the conveyance so long as the conveyance remains within Singapore;
“evidential material” means any of the following:(a)
any thing with respect to which —(i)
an offence under this Act has been committed or is suspected, on reasonable grounds, to have been committed; or
(ii)
a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened;
(b)
any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to —(i)
the commission of any such offence; or
(ii)
the contravention of such a civil penalty provision;
(c)
any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence or contravening such a civil penalty provision;
“food security officer” includes the Director‑General, Food Security;
“forcible entry” means doing any of the following to gain entry or access into any premises:(a)
breaking open any outer or inner door or window leading to the premises;
(b)
removing by force any obstruction to the entry or search of the premises;
(c)
forcibly entering the premises;
“individual in control”, in relation to a conveyance, means —(a)
a pilot‑in‑command of an aircraft;
(b)
a master of a train;
(c)
a master of a vessel;
(d)
a driver or rider of a motor vehicle;
(e)
an individual reasonably believed to be involved in operating an unmanned aircraft, unmanned vessel or driverless motor vehicle; or
(f)
a rider of a bicycle or other pedal cycle that is built to be propelled solely by human power and is constructed or adapted for use on roads or public paths;
“investigating power” means a power mentioned in section 246;
“investigator”, in relation to any provision of Division 3, 4 or 5, means —(a)
a food security officer who is appointed under this Act as a food security officer for the purposes of that provision;
(b)
an authorised officer who is appointed under this Act as an authorised officer for the purposes of that provision;
(c)
a food inspector who is appointed under this Act as a food inspector for the purposes of that provision; or
(d)
a Part 9 enforcement officer who is appointed under this Act as a Part 9 enforcement officer for the purposes of that provision;
“licensable activity” means any of the following:(a)
the import, export or transhipment of a controlled item for which a licence and a permit under Part 3 is required;
(b)
the carrying on of a type of licensable food business;
(c)
the production of animal feed for which an animal feed production licence is required under Part 11;
(d)
the carrying out of prescribed pesticide work;
“monitoring power” means a power mentioned in section 234;
“Part 9 offence” has the meaning given by section 172;
“regulated activity” means any of the following, whether or not it is also a licensable activity:(a)
the undertaking of any primary production activity;
(b)
the carrying on of a food business;
(c)
the handling of food intended for supply;
(d)
the carrying out of any work as a food worker in the course of the operation of a food business;
(e)
the production of animal feed;
(f)
the carrying out of prescribed pesticide work;
(g)
the provision of non‑packaged drinking water, whether or not as a drinking water producer providing a drinking water service;
“relevant material” means any of the following:(a)
any primary produce;
(b)
any food;
(c)
any animal feed;
(d)
any regulated food contact article;
(e)
any plant pesticide;
(f)
any MSR product that is not in paragraphs (a), (b), (c), (d) and (e);
(g)
any non‑packaged drinking water;
“seized item” means any relevant material or other thing seized under section 250.
Saving for other laws
231. Nothing in this Part affects —(a)
a police officer’s powers or duties under any provision of the Criminal Procedure Code 2010 or other written law; or
(b)
any other power specially vested in a food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer under any other provision of this Act.
Division 2 — Monitoring powers
Monitoring powers: who can exercise
232. A monitoring power in a provision of this Division is exercisable by a food security officer, an authorised officer or a food inspector, who is appointed under this Act as a food security officer, an authorised officer or a food inspector (as the case may be) for the purposes of that provision.
Monitoring powers: why
233.—(1) A food security officer may exercise a monitoring power for one or more of the following purposes, only:(a)
to determine whether the minimum stockholding requirement in relation to the MSR product has been, or is being, complied with by an entity that is subject to a minimum stockholding requirement in relation to that MSR product;
(b)
to determine for the purposes of section 27 whether a divesting entity’s minimum stockholding requirement in relation to an MSR product is being assumed by, or divided with, another receiving entity or entities;
(c)
to determine whether information given in compliance, or purported compliance, with a provision in Part 2 or any Part 2 Rules is correct.
(2) An authorised officer or a food inspector may exercise a monitoring power for one or more of the following purposes, only:(a)
to determine for the purposes of section 78, 79, 92, 110, 192, 205 or 211 whether to grant an FSSA authorisation under that section;
(b)
to determine whether there is any ground to take regulatory action under section 83, 84, 96, 112, 196, 209 or 213;
(c)
to determine whether information given in compliance, or purported compliance, with a provision in this Act (other than Part 2 or any Part 2 Rules) is correct.
Monitoring powers: what
234. The monitoring powers are as follows:(a)
the power in section 236 to enter premises;
(b)
any power in section 237 after entering premises;
(c)
the powers set out in sections 238, 239, 240, 241, 242 and 243.
Monitoring powers: where
235.—(1) The premises where a monitoring power may be exercised by a food security officer are as follows:(a)
any premises occupied or used by an entity that is subject to a minimum stockholding requirement in relation to an MSR product;
(b)
any premises occupied or used by an entity that is an agri‑food supply chain participant (but not an ultimate consumer) and is undertaking any MSR activity in relation to an MSR product;
(c)
any premises (except a private residence) occupied by an individual who is or was an officer of an entity mentioned in paragraph (a) or (b);
(d)
any premises (except a private residence) occupied by an individual who is an employee of an entity mentioned in paragraph (a) or (b);
(e)
any premises where any MSR product is held by an entity mentioned in paragraph (a) or (b).
(2) The premises where a monitoring power may be exercised by an authorised officer or a food inspector are as follows:(a)
any premises (except a private residence) occupied or used by a holder of an FSSA authorisation, or an applicant for an FSSA authorisation, for or in connection with a licensable activity undertaken or to be undertaken by the holder or applicant;
(b)
any premises (except a private residence) occupied by an individual who is or was an officer of a person mentioned in paragraph (a);
(c)
any premises (except a private residence) occupied by an individual who is an employee of a person mentioned in paragraph (a).
Power to enter premises for monitoring
236.—(1) A food security officer, an authorised officer or a food inspector may, at a reasonable time in the day or night, and without warrant, enter and remain at —(a)
any of the premises mentioned in section 235(1), in the case of a food security officer; or
(b)
any of the premises mentioned in section 235(2), in the case of an authorised officer or a food inspector.
(2) A food security officer, an authorised officer or a food inspector entering any premises —(a)
may be accompanied by any number of police officers or other individuals that the food security officer, authorised officer or food inspector (as the case may be) considers necessary; and
(b)
may take into or onto the premises any equipment and materials that he or she requires for the purpose of exercising monitoring powers in relation to those premises.
(3) If the owner or occupier of the premises is present when a food security officer, an authorised officer or a food inspector seeks to enter the premises under subsection (1), the food security officer, authorised officer or food inspector (as the case may be) must, before entering —(a)
declare his or her office to the owner or occupier; and
(b)
show to the owner or occupier his or her identification card as proof of identity.
(4) If the owner or occupier of the premises is not present when entry under subsection (1) or (2) to the premises is sought, but some other individual who appears to be in charge of the premises is present, then subsection (3) applies to that other individual as if that individual were the owner or occupier of the premises.
(5) However, subsections (3) and (4) do not apply if the premises in question are unoccupied at the time of entry.
(6) This section does not empower a food security officer, an authorised officer or a food inspector to exercise any power of forcible entry into any premises.
Powers after entering premises
237.—(1) After entering any premises, a food security officer, an authorised officer or a food inspector may exercise all or any of the following powers:(a)
to observe any activity conducted in the premises;
(b)
to examine any animal, object or thing in the premises;
(c)
to inspect and examine the premises;
(d)
to make or direct the making of a sketch, photograph or film, or an audio or a video recording, of —(i)
any part of the premises, and the immediate vicinity of those premises unless the immediate vicinity is or consists of a private residence;
(ii)
any animal, object or thing in the premises; or
(iii)
any activity conducted in or on the premises;
(e)
to do any of the following:(i)
to open or require to be opened any door, window, lock, fastener, cupboard, compartment, box, container or any other thing;
(ii)
if the cupboard, compartment, box, container or other thing appears abandoned but is locked, to use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the cupboard, compartment, box, container or other thing so as to open it;
(f)
to interrupt any regulated activity being carried out in the premises;
(g)
to search any part of the premises;
(h)
to request to inspect, and to inspect, free of charge any document found on the premises;
(i)
to exercise any other monitoring power;
(j)
to take into or onto the premises any equipment or materials that the food security officer, authorised officer or food inspector (as the case may be) reasonably requires for the exercise of a monitoring power;
(k)
to request the occupier of the premises, or some other individual who appears to be in charge of the premises and is present, to give the food security officer, authorised officer or food inspector (as the case may be) reasonable help to exercise the officer’s or inspector’s powers under paragraphs (a) to (j).
(2) Section 238 applies to a request made under subsection (1)(h) with the necessary modifications.
(3) When making a request mentioned in subsection (1)(k), the food security officer, authorised officer or food inspector (as the case may be) must warn the individual requested that it is an offence to fail to comply with the request, unless the individual has a reasonable excuse.
Power to get documents or information
238.—(1) A food security officer, an authorised officer or a food inspector may require a person who is required under any provision of this Act to keep records (a)
to provide for inspection any document or information to the food security officer, authorised officer or food inspector (as the case may be) within the period and in the manner specified by the officer or inspector; and
(b)
to allow an inspection and taking of extracts from, or making copies of, any such document or information, free of charge.
(2) For the purposes of subsection (1), where any document or information is kept in electronic form, the power to inspect the document or information includes the power —(a)
to access any computer or other equipment (including a mobile communication device) in which the document or information is stored; and
(b)
to require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access to the document or information contained or available to the computer or equipment, including assistance through the provision of any username, password, access code or other authentication information required to gain access to it.
(3) For the purposes of subsection (1), the power to inspect any document or information includes the power to take possession of the document or any thing containing the information (but not a mobile phone or wearable device (such as a smart watch) designed or capable of being used for any communicative function) if, in the opinion of a food security officer, an authorised officer or a food inspector concerned —(a)
the inspection or copying of or extraction from the document or thing cannot reasonably be performed without taking possession;
(b)
the document or thing may be interfered with or destroyed unless possession is taken; or
(c)
the document or thing may be evidential material or be required as evidence in any regulatory action instituted or commenced under this Act.
(4) For the purposes of subsection (1)(b), if any document or information is in an electronic form contained or available to a computer or other electronic equipment in any premises, the power to take extracts from, or make copies of, such document or information includes the power —(a)
to use or operate the computer or other electronic equipment in the premises to make one or more copies of the document or information contained or available to that computer or equipment; and
(b)
to transfer the document or information to a disk, tape or other storage device that —(i)
is brought to the premises for the exercise of the power; or
(ii)
is in the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,
and to remove the disk, tape or other storage device from those premises.
(5) A food security officer, an authorised officer or a food inspector is entitled without payment to keep any document or information, or any copy or extract thereof, provided to him or her under this section.
Power to identify and hold food, plant pesticide, etc.
239.—(1) If, after entering any premises, a food security officer, an authorised officer or a food inspector reasonably believes that any compartment, box, container or other thing in the premises contains any relevant material, the food security officer, authorised officer or food inspector (as the case may be) may —(a)
identify the relevant material; or
(b)
require the owner or any individual who appears to be in charge of the relevant material —(i)
to hold it at the premises where it is; or
(ii)
to move it to, and hold it at, any other reasonable place that the officer or inspector specifies,
until a further lawful direction of a food security officer, an authorised officer or a food inspector.
(2) For the purposes of subsection (1)(a), a food security officer, an authorised officer or a food inspector may use, or require the use of, any reasonable means to identify or mark the relevant material concerned.
(3) Without limiting subsection (1), a food security officer, an authorised officer or a food inspector may do all or any of the following to any relevant material:(a)
secure it by marking, sealing or labelling it or using any other similar means;
(b)
keep or store it in or on board any conveyance or in any premises, and may lock or seal the conveyance or those premises;
(c)
mark, seal or lock any door or opening containing or affording access to any relevant material;
(d)
direct its owner not to trade in it or use it until the results of any examination of the relevant material are available or necessary remedial action has been completed.
(4) This section does not limit section 240.
Power to require presentation of live animals
240.—(1) After entering any premises, an authorised officer or a food inspector may reasonably —(a)
require the owner or a person in control of a live food producing animal in those premises to present the animal in a manner suitable for examination and identification;
(b)
direct the owner or a person in control of a live food producing animal in those premises to hold, isolate, separate it, or to treat all or any of those live food producing animals, for any purpose in paragraph (a);
(c)
require the owner or a person in control of a live food producing animal in those premises to move or bring the animal to a convenient place within a reasonable distance of those premises, to allow the authorised officer or food inspector to exercise monitoring powers in relation to the animal, and detain the animal at that place for as long as is reasonably necessary to allow the authorised officer or food inspector to exercise those monitoring powers; or
(d)
examine and identify a live food producing animal presented, held, isolated, separated, treated, moved, brought or detained under paragraph (a), (b) or (c).
(2) Without limiting subsection (1), an authorised officer or a food inspector may identify an animal by marking it or using any other suitable means.
(3) If the owner or person in control of a live food producing animal fails to present the animal as required under subsection (1)(a) or to move the animal as required under subsection (1)(c), an authorised officer or a food inspector may capture, collect, muster, extract, harvest, or pen the animal for the relevant purpose.
(4) The presentation or movement of any live food producing animal required under subsection (1)(a) or (c) is at the cost of the person to whom the requirement or direction under subsection (1) was addressed.
(5) Any expenses reasonably incurred by an authorised officer or a food inspector in the exercise of his or her powers under subsection (3) may be recovered, as a debt due to the Agency, from the person to whom the requirement or direction under subsection (1) was addressed.
(6) No compensation is payable in respect of any animal which is damaged or otherwise destroyed by virtue of any examination or identification under subsection (1) or any exercise of powers under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the authorised officer or food inspector.
(7) A requirement or direction under subsection (1)(a), (b) or (c) must be in writing, or be confirmed in writing as soon as practicable after being given orally.
Power to take and sample
241.—(1) A food security officer, an authorised officer or a food inspector may do all or any of the following:(a)
take any relevant material or a sample of any relevant material;
(b)
take a sample from any animal, or of any thing, that is or has been in contact with, or in the vicinity of, any relevant material;
(c)
for the purpose of analysis, take samples of water, soil, vegetation or any other thing that is part of the environment in which —(i)
any licensable activity has been or is being undertaken; or
(ii)
any MSR product is held.
(2) A food security officer, an authorised officer or a food inspector who wishes to exercise the power in subsection (1)(a), (b) or (c) by taking a sample of any relevant material that is in an unopened package, may direct —(a)
the owner, or person who appears to be in charge, of the package or the relevant material contained in the package, to open the package; or
(b)
the owner or occupier of the premises where the unopened package is, to open the package.
(3) A food security officer, an authorised officer or a food inspector who exercises the powers mentioned in subsection (1) or (2) must give notice to —(a)
the owner, or person who appears to be in charge, of the package, thing, relevant material or animal, as the case may be; or
(b)
the owner or occupier of the premises where the package, thing, relevant material or animal (as the case may be) is,
whether or not the food security officer, authorised officer, food inspector (as the case may be) intends to exercise powers mentioned in section 242.
(4) To avoid doubt, a food security officer, an authorised officer or a food inspector is not required to exercise powers mentioned in section 242 after the giving of a notice under subsection (3).
(5) In this section and section 242 —“sample” includes an example;
“take”, in relation to any relevant material or thing, includes to purchase the relevant material or thing;
“take a sample”, from an animal, means —(a)
to take a swab from the animal or of any part of the animal;
(b)
to take a sample of any part of the animal; or
(c)
to take a sample of any urine, faeces, blood or other article or substance from, or which has been in contact with, the animal.
Power to test samples
242.—(1) This section applies where a food security officer, an authorised officer or a food inspector —(a)
takes any relevant material, or takes a sample of any relevant material or thing under section 241;
(b)
takes a sample from an animal under section 241; or
(c)
acquires any relevant material from a member of the general public who has complained about the relevant material in connection with any provision of this Act.
(2) A food security officer, an authorised officer or a food inspector may —(a)
test the sample or swab;
(b)
arrange for the testing of the sample or swab; or
(c)
require the person notified under section 241(3) with respect to the sample or swab to —(i)
arrange for the testing of the sample or swab; and
(ii)
provide the results to the food security officer, authorised officer or food inspector, as the case may be.
(3) The person notified under section 241(3) with respect to the sample or swab taken or acquired is not entitled to compensation for any damage or destruction resulting from the taking or testing of a sample or swab unless the damage or destruction is directly attributable to the negligence or default of a food security officer, an authorised officer or a food inspector.
Powers in relation to conveyances
243.—(1) Where any premises in section 235 are a conveyance, a food security officer, an authorised officer or a food inspector may, without warrant —(a)
if the conveyance is moving —(i)
request or direct the individual in control of the conveyance to stop; and
(ii)
detain the conveyance for as long as is reasonably necessary for the food security officer, authorised officer or food inspector (as the case may be) to exercise his or her monitoring powers in relation to the conveyance; and
(b)
whether or not the conveyance is moving —(i)
request or direct the individual in control of the conveyance to move or bring the conveyance to a convenient place within a reasonable distance to allow the food security officer, authorised officer or food inspector (as the case may be) to exercise his or her monitoring powers in relation to the conveyance; and
(ii)
detain the conveyance at that place for as long as is reasonably necessary to allow the food security officer, authorised officer or food inspector (as the case may be) to exercise those monitoring powers.
(2) When asking or directing an individual in control of a moving conveyance to stop the conveyance or bring it to a convenient place, a food security officer, an authorised officer or a food inspector must clearly identify himself or herself as a food security officer, an authorised officer or a food inspector (as the case may be) exercising his or her powers under this Act.
(3) In this section, “conveyance” does not include an aircraft, a train or a vessel that is not a fishing vessel.
Division 3 — Investigating powers
Investigating powers: who can exercise
244. An investigating power in a provision of this Division is exercisable by any of the following appointed for the purposes of that provision (called an investigator):(a)
a food security officer;
(b)
an authorised officer;
(c)
a food inspector;
(d)
a Part 9 enforcement officer.
Investigating powers: why
245.—(1) A food security officer may exercise an investigating power for one or more of the following purposes, only:(a)
to inquire into anything where the food security officer suspects on reasonable grounds that —(i)
an offence under section 28(3), 31(1), 35(3) or 36(1) or any Part 2 Rules has been or is being committed;
(ii)
an offence under section 253, 254, 255, 256 or 257 involving a food security officer has been or is being committed; or
(iii)
a contravention of a minimum stockholding requirement has occurred or is occurring and any liability to pay an MSR charge has accrued or is accruing under a civil penalty provision;
(b)
to gather evidential material relating to any offence or contravention mentioned in paragraph (a), that the food security officer suspects on reasonable grounds has been or is being committed or has occurred or is occurring, as the case may be.
(2) An authorised officer or a food inspector may exercise an investigating power for one or more of the following purposes, only:(a)
to inquire into anything where the authorised officer or food inspector suspects on reasonable grounds that any offence under this Act has been or is being committed, excluding any of the following:(i)
an offence mentioned in subsection (1)(a);
(ii)
a Part 9 offence;
(iii)
an offence under Part 10 involving any Part 9 Regulations;
(b)
to gather evidential material that relates to any offence under this Act (but not an offence excluded by paragraph (a)) that the authorised officer or food inspector suspects on reasonable grounds has been or is being committed;
(c)
to determine whether there is any ground to give a section 116 direction or a Part 7 direction to any person;
(d)
to determine whether —(i)
any food is unsafe food, unsuitable food or a defined food;
(ii)
any controlled item is failing;
(iii)
any animal feed is not fit for purpose; or
(iv)
any non‑packaged drinking water is unwholesome.
(3) A Part 9 enforcement officer may exercise an investigating power for one or more of the following purposes, only:(a)
to inquire into anything where the Part 9 enforcement officer suspects on reasonable grounds that any of the following has been or is being committed:(i)
a Part 9 offence;
(ii)
an offence under Part 10 involving any Part 9 Regulations;
(b)
to gather evidential material that relates to any offence mentioned in paragraph (a) that the Part 9 enforcement officer suspects on reasonable grounds that has been or is being committed.
Investigating powers: what
246.—(1) Subject to subsection (2), the following are the investigating powers that may be exercised by an investigator in relation to premises under section 247:(a)
any monitoring power;
(b)
the special powers of entry under section 248;
(c)
the powers under sections 249, 250, 251 and 252.
(2) Where a Part 9 enforcement officer is concerned, a reference in subsection (1)(a) to a monitoring power does not include a reference to a monitoring power mentioned in section 237(1)(e)(ii) or (f), 239, 240 or 241(1)(b) or (c), 242(1)(b) or (c) or 243.
Investigating powers: where
247.—(1) The premises in relation to which a food security officer may exercise an investigating power are as follows:(a)
any of the premises mentioned in section 235(1);
(b)
any premises occupied or used in the course of a business by a person —(i)
who is an agri‑food supply chain participant, or is closely connected with, an agri‑food supply chain; and
(ii)
who falls within any class of persons prescribed in the Part 2 Rules for the purposes of section 32.
(2) The premises in relation to which an authorised officer or a food inspector may exercise an investigating power are as follows:(a)
any of the premises in section 235(2);
(b)
any premises occupied or used for or in connection with a regulated activity which has been or is being undertaken at those premises and whether or not a private residence;
(c)
any food premises, whether or not the subject of a food business licence and whether or not a private residence;
(d)
any premises adjoining or near any premises in paragraph (a), (b) or (c), subject to subsection (3).
(3) However, an investigating power may be exercised in relation to premises mentioned in subsection (2)(d) only if the authorised officer or food inspector concerned believes on reasonable grounds —(a)
that it is necessary to do so for the purpose of entering any other premises mentioned in subsection (2)(a), (b) or (c); or
(b)
that activities are being carried out in the premises mentioned in subsection (2)(d) in such a manner, or that the premises are in such a state or condition, that presents or is likely to present a hazard or a source of contamination that may adversely affect any of the following in, or carried out in, the adjoining premises or nearby premises:(i)
the safety or suitability of any food or primary produce handled or produced by a food business;
(ii)
any live food producing animal, or other thing that may become food;
(iii)
the fitness for purpose of animal feed produced or being produced.
(4) The premises in relation to which a Part 9 enforcement officer may exercise an investigating power are —(a)
any food premises that is not a private residence; or
(b)
any other premises (except a private residence) where food is supplied or is to be supplied or from which food is supplied or is to be supplied.
Special powers of entry
248.—(1) A food security officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(1) without a warrant; and section 236 applies to entering into and remaining in any of those premises subject to subsection (2).
(2) Despite section 236(6), a food security officer may make a forcible entry into premises mentioned in section 247(1) if all the following circumstances are met:(a)
the food security officer suspects on reasonable grounds that an offence or contravention mentioned in section 245(1)(a) has been or is being committed or has occurred or is occurring, and there is evidential material in those premises relevant to the offence or contravention;
(b)
the food security officer is unable to enter, or is refused entry to, those premises;
(c)
the food security officer is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed;
(d)
the premises to be entered is not a private residence.
(3) An authorised officer or a food inspector may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(2) or (3) without a warrant; and section 236 applies to entering into and remaining in any of those premises, subject to subsections (4) and (5).
(4) Despite section 236(6), an authorised officer or a food inspector may make a forcible entry into premises mentioned in section 247(2) or (3) if all the following circumstances are met:(a)
the authorised officer or food inspector (as the case may be) suspects on reasonable grounds that any offence under this Act (except an offence mentioned in section 245(1)(a) or under Part 9) has been or is being committed and there is evidential material in those premises relevant to such an offence;
(b)
the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;
(c)
the authorised officer or food inspector is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed;
(d)
the premises to be entered is not a private residence.
(5) Despite section 236(6), an authorised officer or a food inspector may make a forcible entry into premises if all the following circumstances are met:(a)
the authorised officer or food inspector (as the case may be) suspects on reasonable grounds that there is in the premises any of the following relevant material:(i)
any food which is unsafe food, unsuitable food or a defined food;
(ii)
any primary produce which is unsafe;
(iii)
any controlled item which is failing;
(iv)
any animal feed which is not fit for purpose;
(v)
any non‑packaged drinking water for supply which is unwholesome;
(vi)
any unregistered plant pesticide;
(b)
the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;
(c)
the authorised officer or food inspector is reasonably satisfied that it is necessary to make a forcible entry to prevent or reduce a serious danger, or an imminent risk, of death or serious illness of any person from any relevant material in paragraph (a) being handled, used or supplied in connection with any regulated activity which has been or is being undertaken at those premises;
(d)
the premises to be entered is not a private residence.
(6) A Part 9 enforcement officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(4) without a warrant; and section 236 applies to an entry into and remaining in any of those premises, subject to subsection (7).
(7) Despite section 236(6), a Part 9 enforcement officer may make a forcible entry into premises mentioned in section 247(4) if all the following circumstances are met:(a)
the Part 9 enforcement officer suspects on reasonable grounds that —(i)
a Part 9 offence; or
(ii)
an offence under Part 10 involving any Part 9 Regulations,
has been or is being committed and there is evidential material in those premises relevant to such an offence;
(b)
the Part 9 enforcement officer is unable to enter, or is refused entry to, those premises;
(c)
the Part 9 enforcement officer is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed.
Special information gathering powers
249.—(1) Where —(a)
a food security officer believes on reasonable grounds that an offence or contravention mentioned in section 245(1)(a) has been or is being committed or has occurred or is occurring;
(b)
an authorised officer or a food inspector believes on reasonable grounds that an offence under this Act has been or is being committed, except an offence mentioned in paragraph (a) or a Part 9 offence; or
(c)
a Part 9 enforcement officer believes on reasonable grounds that an offence under this Act as follows has been or is being committed:(i)
a Part 9 offence;
(ii)
an offence under Part 10 involving any Part 9 Regulations,
the investigator concerned may exercise the powers in subsection (2) for the purposes of an investigation into that offence or contravention.
(2) An investigator may, by written order, require any individual whom the investigator reasonably believes to be acquainted with any fact or circumstance relevant to the offence or contravention concerned, to do all or any of the following:(a)
to attend before the same or another investigator to answer any question (to the best of that individual’s knowledge, information and belief) immediately or at a place and time specified in the written order (called in this section an examination);
(b)
to provide information to the same or another similar investigator immediately or at a place and time specified in the written order;
(c)
to provide any document to the same or another investigator for inspection, within the period and in the manner specified in the written order.
(3) The examination must take place in private, and the investigator may give directions as to who may be present during the examination or part thereof.
(4) An investigator may, and must if the individual examined under subsection (2) so requests, record any information provided at the examination by the individual as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act or any contravention involving a civil penalty provision.
(5) The individual questioned under subsection (2)(a) is bound to state truly the facts and circumstances with which the individual is acquainted concerning the case.
(6) A statement made by any individual questioned under subsection (2)(a) must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that the person understands; and
(d)
after correction (if necessary), be signed by the individual.
(7) An investigator must, if requested in writing by the individual examined under subsection (2) to give to the individual a copy of the written record made under subsection (4), provide a copy of the written record without charge within a reasonable time, subject to any conditions that the investigator may impose.
(8) If any individual fails to attend before the investigator as required by an order under subsection (2)(a), an investigator may report the failure to a Magistrate who may issue a warrant to secure the attendance of that individual as required by the order.
(9) Section 238 applies to an order made under subsection (2)(b) or (c) with the necessary modifications.
Power to seize
250.—(1) Upon entering premises, a food security officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to an offence or contravention mentioned in section 245(1)(a) that has been or is being committed or has occurred or is occurring.
(2) Upon entering premises, an authorised officer or a food inspector may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to any offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or a Part 9 offence.
(3) Upon entering premises, a Part 9 enforcement officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relevant to any of the following that has been or is being committed:(a)
a Part 9 offence;
(b)
an offence under Part 10 involving any Part 9 Regulations.
(4) In addition to subsection (2), an authorised officer or a food inspector may seize any relevant material or other thing described in subsection (5) if he or she reasonably believes, after making the inquiries that are reasonable in the circumstances —(a)
that the relevant material or other thing —(i)
has been abandoned; or
(ii)
has no apparent or readily identifiable owner;
(b)
that the seizure is necessary to prevent the relevant material or thing being used to continue, or repeat, an offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or under Part 9; or
(c)
that the relevant material or thing is decayed or putrefied or deleterious to human health.
(5) For the purposes of subsection (4) —(a)
the relevant material is any of the following:(i)
any food which is unsafe food, unsuitable food or a defined food;
(ii)
any primary produce which is unsafe;
(iii)
any controlled item which is failing;
(iv)
any animal feed which is not fit for purpose;
(v)
any non‑packaged drinking water for supply which is unwholesome;
(vi)
any unregistered plant pesticide; or
(b)
the other thing is any of the following:(i)
a live food producing animal which is not clinically healthy and not free from signs of infectious or contagious disease;
(ii)
an animal reproductive material which was extracted or otherwise taken from a food producing animal that was not clinically healthy and not free from signs of infectious or contagious disease at the time of extraction or taking;
(iii)
a suspected hazard or the suspected source of contamination giving rise to a risk to human health.
(6) For the purposes of this section, an authorised officer or a food inspector may reasonably believe that an entire consignment or lot of food is unsafe or unsuitable or is a defined food, or an entire consignment or lot of primary produce is unsafe, for the purpose of exercising a power in subsection (1) if the authorised officer or food inspector —(a)
samples part of the consignment or lot;
(b)
forms the opinion that the sample is unsafe or unsuitable, or is a defined food; and
(c)
forms the opinion that the consignment or lot —(i)
has probably been managed in the same way as the sample; or
(ii)
has been subject to the same conditions or treatment as the sample.
(7) Where a live food producing animal is involved, an authorised officer or a food inspector may —(a)
seize the animal as well as the whole or any sample of any article or substance which has been in contact with the animal and take them to the place of examination; or
(b)
in writing direct the owner or person in charge of the animal to deliver the animal as well as the whole or any sample of any article or substance which has been in contact with the animal to a specified place of examination at a specified time.
(8) To avoid doubt, where any other thing seized in exercise of the power conferred on a food security officer, an authorised officer or a food inspector under subsection (1) or (2) is a conveyance, that power may be exercised whether or not the owner or an individual in control of the conveyance is present at the time of the seizure of the conveyance.
(9) A food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer —(a)
must prepare and sign a list of all relevant material or other things seized under this section, recording the location where each of the relevant material or other thing is found; and
(b)
must give a copy of that list to an owner of the relevant material or thing, except where the relevant material or other thing —(i)
has been abandoned;
(ii)
has no apparent or readily identifiable owner; or
(iii)
has been seized in the presence of the owner or the owner’s agent.
Detaining food, food contact article, etc., seized
251.—(1) Where any relevant material or other thing has been seized by an investigator under section 250, the investigator may require the relevant material or thing —(a)
to be detained at the place or premises where the investigator seized it; or
(b)
to be removed to another place or premises and detained there.
(2) Any relevant material or other thing required under subsection (1) to be detained or removed and detained must be detained or removed and detained (as the case may be) at the cost of —(a)
the owner of the relevant material or other thing at the time it was seized; or
(b)
if the investigator does not know who the owner is, the person who possessed the relevant material or other thing at the time it was seized.
Power to obtain disclosure of identity
252.—(1) An authorised officer or a food inspector may request an individual in a public place, who is transporting or delivering food, or is handling or otherwise in possession of food for sale —(a)
to disclose —(i)
the individual’s full name and address;
(ii)
the full name and address of the person from whom the food was obtained, if that person is known to the individual; and
(iii)
whether the individual is employed or self‑employed, and if an employee, the name of the individual’s employer; and
(b)
to provide proof of the individual’s identity.
(2) An authorised officer or a food inspector may detain an individual mentioned in subsection (1) for so long as is reasonably necessary for the purposes of this section.
(3) Any individual asked under subsection (1) is bound to state truly what the individual is asked.
Division 4 — Offences relating to enforcement
Obstructing entry, etc.
253.—(1) Where an investigator or outsourced enforcement officer is authorised under this Act to enter any premises, a person commits an offence if the person —(a)
wilfully prevents the investigator or outsourced enforcement officer from entering or re‑entering those premises or any part of those premises;
(b)
wilfully obstructs or delays the investigator or outsourced enforcement officer from entering or re‑entering those premises or any part of those premises; or
(c)
gives an alarm or causes an alarm to be given for the purpose of notifying anyone else in those premises of the presence of the investigator or outsourced enforcement officer.
(2) A person commits an offence if the person —(a)
intentionally alters, suppresses or destroys any document or any information or material which the person has been required under section 238 or 249 to provide; or
(b)
intentionally or otherwise obstructs, hinders or delays an investigator or an outsourced enforcement officer, in the discharge of his or her duties under any provision of this Act.
(3) A person commits an offence if the person, without reasonable excuse, fails to comply with any request, requirement or direction (except a requirement under section 32 or a Part 7 direction) which is made or given by an investigator or an outsourced enforcement officer to that person under any provision of this Act.
(4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $20,000.
(5) However, it is not an offence under subsection (1), (2) or (3) for a person to refuse to comply with any request, requirement or direction made or given by an investigator or outsourced enforcement officer, who —(a)
fails to declare his or her office; and
(b)
refuses to produce his or her identification card on demand being made by that person.
Interfering with seals or markings of authorised officer, etc.
254.—(1) A person commits an offence if the person, without the express authority of an investigator —(a)
intentionally alters, breaks, removes or erases any mark, seal or label;
(b)
intentionally opens, breaks or otherwise interferes with any lock or seal; or
(c)
intentionally defaces or destroys, any lock, mark, seal or label,
placed by the same or another investigator or an outsourced enforcement officer, on any relevant material or other thing under section 239 or 240 or on any sample taken under section 241.
(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 $10,000 or to imprisonment for a term not exceeding 6 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $20,000.
Impersonating
255.—(1) An individual who represents himself or herself, by word or conduct —(a)
to be a food security officer when he or she is not a food security officer;
(b)
to be an authorised officer when he or she is not an authorised officer;
(c)
to be a food inspector when he or she is not a food inspector;
(d)
to be a Part 9 enforcement officer when he or she is not a Part 9 enforcement officer;
(e)
to be an outsourced enforcement officer when he or she is not an outsourced enforcement officer; or
(f)
to be an authorised analyst when he or she is not an authorised analyst,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.
(2) However, it is a defence in any proceedings for an offence under subsection (1) where the person charged proves, on the balance of probabilities, that the person charged used or possessed an identification card or equipment issued, or purportedly issued, under section 175(4), 281 or 282 (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.
Forging inspection advice, certificates, etc.
256.—(1) A person must not forge, or apply, knowing it to be forged, a document of the kind mentioned in subsection (2).
(2) A document to which subsection (1) applies is any of the following:(a)
an inspection advice;
(b)
a recognised foreign government certificate;
(c)
an FSSA authorisation;
(d)
a registration mark for a plant pesticide;
(e)
an authorised analyst’s certificate issued under section 288.
(3) A person who contravenes subsection (1) shall be guilty of an offence 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.
(4) For the purposes of this section, a person is taken to have forged a document if the person —(a)
makes a document which is false, knowing it to be false; or
(b)
without authority, alters a genuine document in a material particular,
with intent that —
(c)
the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or
(d)
another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Singapore or elsewhere.
(5) For the purposes of this section, if a person —(a)
makes a document which is false, knowing it to be false;
(b)
without authority, alters a genuine document in a material particular; or
(c)
with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine —(i)
to the prejudice of another person; or
(ii)
with the result that another person would be induced to do or refrain from doing an act, whether in Singapore or elsewhere,
the firstmentioned person is taken to have forged the document.
(6) For the purposes of this section, a person is taken to apply a forged document if the person —(a)
uses or deals with it;
(b)
attempts to use or deal with it; or
(c)
attempts to induce another person to use, deal with, act upon, or accept it.
(7) In subsection (3), “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).
Offence of providing false information, etc.
257.—(1) A person commits an offence if —(a)
the person gives any document, information or material in or in connection with —(i)
an application (whether for that person or for another) for any FSSA authorisation;
(ii)
an appeal under Part 12; or
(iii)
a requirement or direction of an investigator under a relevant provision of this Act;
(b)
the document, information, material or statement either —(i)
is false or misleading; or
(ii)
omits any matter or thing without which the information or material is misleading; and
(c)
the person knows, or ought reasonably to know, that the document, information, material or statement is as described in paragraph (b)(i) or (ii).
(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 $10,000 or to imprisonment for a term not exceeding 6 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $20,000.
(3) However, subsection (1) does not apply if the document, information, material or statement —(a)
is not false or misleading in a material particular; or
(b)
did not omit any matter or thing without which the document, information, material or statement (as the case may be) is not misleading in a material particular.
(4) In this section and section 258 —“give”, in relation to any information or material, includes making a statement orally, in writing or any other way;
“relevant provision of this Act” means any of the following:(a)
section 32;
(b)
section 89;
(c)
section 101;
(d)
section 127;
(e)
section 201;
(f)
section 238;
(g)
section 249;
(h)
section 252.
Division 5 — Evidential and ancillary matters of general application
Obligation to give information
258.—(1) A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the person is subject to a duty of confidentiality or privacy under any prescribed written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with the requirement.
(2) Subject to subsection (4), a requirement imposed under a relevant provision of this Act to give any information has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct.
(3) No civil or criminal action, other than proceedings for an offence under section 256 or 257, shall lie against any person —(a)
for answering questions, if the person had answered the questions in good faith in compliance with a requirement imposed under a relevant provision of this Act;
(b)
for giving any document, information or material to a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer, if the person had given the document, information or material in good faith and in compliance with a requirement imposed under a relevant provision of this Act; or
(c)
for doing or omitting to do any act, if the person had done or omitted to do the act in good faith and as a result of complying with a requirement imposed under a relevant provision of this Act.
(4) Nothing in a relevant provision of this Act or this section requires a person to disclose any information subject to legal privilege.
(5) This section does not affect the Frustrated Contracts Act 1959.
(6) In this section, “prescribed written law” means any written law prescribed by the Minister by rules in the Gazette.
Self‑incrimination
259.—(1) A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the disclosure of the information would have a tendency to expose the person to a criminal charge for an offence under this Act, a repealed law or other written law.
(2) Where a person claims, before giving any information that the person is required under any relevant provision of this Act to give, that the disclosure of the information might tend to incriminate the person for an offence under this Act, a repealed law or other written law —(a)
that information;
(b)
the giving of the information; and
(c)
any information, document or thing obtained as a direct consequence of the giving of the information,
is not admissible in evidence against the person in any criminal proceedings for an offence under this Act, the repealed law or other written law other than proceedings for an offence under section 256 or 257 or any written law in respect of the falsity of the information, document or thing.
(3) For the purposes of any proceedings for an offence under this Act, the making of a statement by an accused person made pursuant to a requirement mentioned in subsection (1), is not to be regarded under section 258(3) of the Criminal Procedure Code 2010 as caused by any inducement, threat or promise merely because the investigator had earlier informed the accused person that the accused person was not excused from disclosing information on the ground that the disclosure of the information might tend to incriminate the accused person, if the investigator believed in good faith, when so informing the accused person, that —(a)
the accused person was concerned in an offence under this Act; or
(b)
a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused person was concerned in an offence under this Act.
(4) Nothing in this Division —(a)
compels an advocate and solicitor or legal counsel to disclose or produce a privileged communication, or a document, information or material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; or
(b)
authorises the taking of any such document, information or material which is in the possession of an advocate and solicitor or legal counsel.
(5) In this section, “relevant provision of this Act” means any of the following:(a)
section 89;
(b)
section 101;
(c)
section 127;
(d)
section 201;
(e)
section 238;
(f)
section 249;
(g)
section 252.
Presumption as to contents and labels
260.—(1) For the purposes of this Act, the contents of a package of food are presumed to conform with the description of the contents on the package’s label until the contrary is proved.
(2) Any information on the outside or inside of any package of food, or on the label of a package of food, that identifies the person who imported, produced, sold, or manufactured the food in the package is presumed to be correct until the contrary is proved.
Presumption as to supply of food
261.—(1) For the purposes of this Act, when any food or food contact article is supplied or displayed or offered for supply, the food or food contact article is presumed to be supplied or exposed or offered for supply for human consumption as food or use as food, until the contrary is proved.
(2) For the purposes of this Act, a person who supplies or intends to supply any article of which food is a constituent, is presumed until the contrary is proved that the person supplied or intended to supply the food.
(3) The purchase or supply of a sample of any food under this Act for the purpose of analysis or examination is presumed to be a purchase or supply of the food for human consumption as food or for use as food, unless the supplier proves that the bulk from which the sample was taken was not offered, exposed or intended for supply for human consumption as food or use as food.
Presumption as to sample
262.—(1) This section applies to a sample of food, primary produce or animal feed —(a)
taken from an identified quantity of food, primary produce or animal feed;
(b)
taken as required by a requirement of this Act; and
(c)
interpreted as required by a requirement of this Act.
(2) The sample is presumed to be representative of the quantity of food, primary produce or animal feed from which the sample was taken until the contrary is proved.
(3) The sample is also presumed to be representative of the lot, or production run, from which the identified quantity was taken until the contrary is proved.
(4) Each of the parts into which a sample of any food, primary produce or animal feed is divided in accordance with this Act is presumed, until the contrary is proved, to be of uniform composition with the other parts.
(5) In this section, “animal feed” excludes a live animal.
Presumption as to import for purpose of supply
263. For the purposes of this Act, the import of any food or prepacked food additive in a quantity that is more than that which is imported for private consumption must, unless the contrary is proved, be treated as an import of the food or prepacked food additive for the purpose of supply.
Proof of exemptions or reasonable excuse
264. In a prosecution of a person for an offence under this Act, the onus of proving that —(a)
at the time of the alleged offence a person was exempted from a provision of this Act; or
(b)
anything was done or omitted to be done with lawful excuse or authority or reasonable excuse,
lies upon the person making that assertion.
Disclosure by witnesses
265.—(1) In any proceedings for an offence under this Act, a witness for the prosecution is not compelled to disclose the fact that the witness received information, the nature of the information received or the name of the person from whom the information was received.
(2) An authorised officer, a food inspector or a Part 9 enforcement officer appearing as a witness in any proceedings is not compelled to produce any document containing any confidential matter made or received in his or her capacity as an authorised officer, a food inspector or a Part 9 enforcement officer, as the case may be.
(3) Despite subsections (1) and (2), a court hearing proceedings for an offence under this Act may order the disclosure of any matter, or the production of a document, referred to in those subsections if the court considers that it is necessary in the interests of justice.
Court may order corrective advertising, etc.
266. A court by which a person (called in this section the offender) is found guilty of an offence involving advertising may make one or both of the following orders upon convicting the offender:(a)
an order requiring the offender to disclose in a particular manner —(i)
to the general public;
(ii)
to a particular person; or
(iii)
to a particular class of persons in the general public,
information specified in the order, or information of a kind specified in the order, which the offender possesses or to which the offender has access;
(b)
an order requiring the offender to publish in Singapore, at the offender’s own expense, in a manner and at times specified in the order, advertisements the terms of which are specified in the order.
Liability of person charged for certain expenses
267.—(1) When any person is convicted of an offence under this Act, the court may order that all fees and other expenses for or incidental to the analysis of any food or thing in respect of which the conviction is obtained, and any other reasonable expenses incurred by the prosecution, be paid by the person convicted.
(2) All those fees and expenses are recoverable in the same manner as a fine is recoverable.
Handling of seized items
268.—(1) Subject to subsection (2) and sections 269 and 270 —(a)
all seized items are liable to forfeiture by a court; and
(b)
sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any seized item.
(2) Subsection (1) does not apply to a seized item which is a conveyance that —(a)
is of more than 200 tons net; or
(b)
is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.
Forfeiture, etc., of seized items by court in criminal proceedings
269.—(1) A court may, in any criminal proceeding against a person for an offence under this Act, order that any item seized in connection with the offence be forfeited if —(a)
where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or
(b)
where the seized item is not a conveyance — the court is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.
(2) The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court.
(3) A conveyance mentioned in subsection (1)(a) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner.
(4) The court may make an order under subsection (1)(b) for the forfeiture of any seized item even though no person is convicted of an offence.
(5) If the court does not order the forfeiture of a seized item under subsection (1), the court may —(a)
order the release of the seized item to the owner of or the person entitled to the seized item; or
(b)
where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the court thinks fit in relation to the disposal of the seized item.
(6) However, no order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —(a)
is of more than 200 tons net; or
(b)
is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.
Immediate forfeiture by Agency
270.—(1) Subject to subsections (2) and (3), the Agency may at once order the forfeiture of a seized item —(a)
that is any of the following at the time of seizure:(i)
any food which is unsafe food, unsuitable food or a defined food;
(ii)
any primary produce which is unsafe;
(iii)
any controlled item which is failing;
(iv)
any animal feed which is not fit for purpose;
(v)
any non‑packaged drinking water for supply which is unwholesome;
(vi)
any biosecurity matter or any thing else which is a suspected hazard or the suspected source of contamination giving rise to a risk to human health; and
(b)
that —(i)
is perishable or may rapidly depreciate in value;
(ii)
is injurious to human health;
(iii)
is hazardous;
(iv)
is decayed or putrefied; or
(v)
for any other reason is desirable to dispose without delay.
(2) If within 48 hours after the seizure no complaint under subsection (3) has been made with respect to the item seized, the Agency may cause the seized item, if of the nature described in subsection (1)(a) and (b), to be —(a)
if the item is a living thing, detained and treated if not incurably diseased or injured and then disposed of at once in any manner that the Agency thinks fit; or
(b)
destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.
(3) A person may, no later than 48 hours after the seizure under this Act of any of the following, complain of the seizure to a Magistrate’s Court:(a)
any food;
(b)
any primary produce;
(c)
any controlled item;
(d)
any animal feed;
(e)
any non-packaged drinking water for supply;
(f)
any unregistered plant pesticide;
(g)
any live food producing animal;
(h)
any animal reproductive material extracted or otherwise taken from a food producing animal;
(i)
any other thing.
(4) The complaint may be heard and determined by the Magistrate’s Court, which —(a)
may either —(i)
confirm or disallow the seizure in whole or in part; or
(ii)
order any seized item to be returned to the owner or the person entitled to the seized item; and
(b)
may order payment to be made to the owner of or the person entitled to the seized item of any amount that the court considers will compensate the owner or the person for any loss or depreciation resulting from the seizure.
(5) A certificate signed by the Director‑General is to be accepted by a court as sufficient evidence that any item seized under this Act was of a nature described in subsection (1)(a) and (b) at the time of seizure.
(6) No order of forfeiture may be made under this section in respect of a seized item that is a conveyance which —(a)
is of more than 200 tons net; or
(b)
is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.
(7) Where the owner of any item seized under the provisions of this Act by an authorised officer or a food inspector, consents in writing at any time to its disposal, the Agency may cause the item to be destroyed or otherwise disposed of at once in any manner that the Agency thinks fit.
Offences by corporations
271.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew, or ought reasonably to have known, that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act and applies whether or not the corporation is convicted of the offence.
(6) In this section —“corporation” includes a limited liability partnership;
“reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, any action (if any) of the following kinds as is reasonable in all the circumstances:(a)
action towards —(i)
assessing the corporation’s compliance with the provision creating the offence; and
(ii)
ensuring that the corporation arranged regular professional assessments of its compliance with the provision;
(b)
action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them;
(c)
action towards ensuring that —(i)
the equipment and other resources; and
(ii)
the structures, work systems and other processes,
relevant to compliance with the provision creating the offence are appropriate in all the circumstances;
(d)
action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
(7) The Minister may make rules in the Gazette to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any corporation formed or recognised under the law of a country outside Singapore.
Offences by unincorporated associations or partnerships
272.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership (as the case may be) had that state of mind.
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew, or ought reasonably to have known, that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be) and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act and applies whether or not the unincorporated association or partnership is convicted of the offence.
(6) In this section —“partner” includes a person purporting to act as a partner;
“reasonable steps” has the meaning given by section 271(6);
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
(7) The Minister may make rules in the Gazette to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a country outside Singapore.
Composition of offences
273.—(1) An authorised officer specially authorised by the Chief Executive of the Agency may compound any compoundable offence —(a)
by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(i)
one half of the amount of the maximum fine that is prescribed for the offence;
(ii)
$5,000; and
(b)
by requiring the person reasonably suspected of having committed the offence to do, or to refrain from doing, any thing that is specified in an offer of composition (called conditions of composition) made by the Chief Executive of the Agency, or the authorised officer mentioned in subsection (1), with the concurrence (general or specific) of the Public Prosecutor.
(2) On payment of the sum of money and on full compliance with the conditions of composition, no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
(4) In subsection (1), “compoundable offence” means an offence under this Act that —(a)
is neither a Part 9 offence nor an offence under Part 10 involving any Part 9 Regulations; and
(b)
is prescribed by any regulations made under Part 15 as a compoundable offence for the purposes of this section.
(5) Where any offence is prescribed as compoundable under subsection (4), the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
