Appointment of Director-General, Food Security to administer Part 2
Open ↗274.—(1) The Minister may appoint from among public officers or SFA officers, a Director‑General, Food Security to administer Part 2 and the Part 2 Rules.
(2) The Director‑General, Food Security may exercise any powers that are conferred upon the Director‑General, Food Security by any provision of Part 2 or 13 or the Part 2 Rules, subject to any directions, not inconsistent with the provisions of this Act, as the Minister may consider necessary.
(3) Subject to subsection (4), the Director‑General, Food Security may delegate the exercise of all or any of the powers conferred or duties imposed upon him or her by this Act to any food security officer, and any reference in any provision of this Act to the Director‑General, Food Security includes a reference to such a food security officer.
(4) Subsection (3) does not extend to the following:(a)
any power conferred or duty imposed on the Director‑General, Food Security under section 23, 24, 27 or 32;
(b)
the power of delegation conferred by subsection (3).
(5) The Minister may, for any reason that appears to the Minister to be sufficient, at any time revoke an individual’s appointment under subsection (1) as the Director‑General, Food Security.
Food security officers
Open ↗275.—(1) The Minister may, in relation to any provision of Part 2 or 13 or the Part 2 Rules, appoint as a food security officer for the purposes of that provision, any of the following who are suitably trained to properly exercise the powers of a food security officer:
(a)
a public officer;
(b)
an SFA officer;
(c)
an employee or officer of any other public authority.
(2) The Minister may, for any reason that appears to the Minister to be sufficient, at any time revoke an individual’s appointment under subsection (1) as a food security officer.
(3) Without affecting any delegation under section 274(3), a food security officer is authorised to exercise the powers conferred on a food security officer by this Act only to the extent authorised by the Director‑General, Food Security by written authorisation given to the food security officer.
(4) A written authorisation under subsection (3) may do all or any of the following with respect to any powers conferred by this Act on a food security officer:
(a)
limit when, and where in Singapore, the food security officer may exercise those powers or any of them;
(b)
limit the circumstances in which the food security officer may exercise those powers or any of them.
(5) A written authorisation under subsection (3) cannot authorise a food security officer to arrest any individual.
Agency to administer Act except Parts 2 and 9
Open ↗276.—(1) The Agency is responsible for the administration of this Act except any provision in —(a)
Part 2 or the Part 2 Rules;
(b)
Part 9 and any Part 9 Regulations; or
(c)
Part 10 if involving any Part 9 Regulations.
(2) Despite anything in the Interpretation Act 1965, the Singapore Food Agency Act 2019 or any other law, the powers conferred or duties imposed upon the Agency by any provision of this Act are not delegable to the following persons:(a)
a wholly‑owned subsidiary company of the Agency;
(b)
a person engaged as a contractor by the Agency.
Appointment of Director-General, Food Administration
Open ↗277.—(1) The Agency must appoint a Director‑General, Food Administration from among SFA officers with suitable qualifications and experience.
(2) The Director‑General, Food Administration may, subject to any general or special directions of the Agency, perform any duties that are imposed, and may exercise any powers that are conferred, upon the Director‑General by any provision of this Act or any other written law.
(3) The Director‑General is deemed to be an authorised officer for the purposes of this Act.
(4) Subject to subsection (5), the Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act to any authorised officer or food inspector; and any reference in any provision of this Act to the Director‑General includes a reference to the authorised officer or food inspector.
(5) Subsection (4) does not extend to the following:(a)
any power conferred, or duty imposed on the Director‑General under section 116, Part 7 or section 321;
(b)
the power of delegation conferred by subsection (4).
(6) The Agency may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment under subsection (1) as the Director‑General.
Authorised officers
Open ↗278.—(1) The Agency may, in relation to any provision of this Act (except those mentioned in section 276(1)(a), (b) or (c)), appoint as an authorised officer for the purposes of that provision any of the following who are suitably trained to properly exercise the powers of an authorised officer:(a)
any SFA officer;
(b)
any auxiliary police officer.
(2) The Agency may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment under subsection (1) as an authorised officer.
(3) The Agency may delegate the exercise of all or any of the powers conferred or duties imposed upon the Agency by any provision of this Act, to any authorised officer, subject to any conditions or limitations that the Agency may specify; and any reference in that provision of this Act or its subsidiary legislation to the Agency includes a reference to such an authorised officer.
(4) However, nothing in subsection (3) authorises delegating —(a)
the power of delegation conferred by that subsection; or
(b)
any power of the Agency to make subsidiary legislation under this Act.
(5) An auxiliary police officer who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Agency.
Food inspectors
Open ↗279.—(1) The Agency may, in relation to any provision of this Act (except those mentioned in section 276(1)(a), (b) or (c)), appoint as a food inspector for the purposes of that provision, any of the following who are suitably trained to properly exercise the powers of a food inspector:(a)
a public officer;
(b)
an employee or officer of a public authority other than the Agency.
(2) The Agency may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment under subsection (1) as a food inspector.
Limits on powers of authorised officers and food inspectors
Open ↗280.—(1) Without affecting any delegation under section 277(4) or 278(3), an authorised officer and a food inspector are each authorised to exercise the powers conferred on an authorised officer or a food inspector by this Act only to the extent authorised by the Agency by written authorisation given to the authorised officer or food inspector, as the case may be.
(2) A written authorisation under subsection (1) may do all or any of the following with respect to any power conferred by this Act on an authorised officer or a food inspector:(a)
limit when, and where in Singapore, the authorised officer or food inspector may exercise those powers or any of them;
(b)
limit the circumstances in which the authorised officer or food inspector may exercise those powers or any of them.
(3) A written authorisation under subsection (1) cannot authorise an authorised officer or a food inspector to arrest any individual.
Identification cards and equipment issued to food security officers
Open ↗281.—(1) The Director‑General, Food Security must issue to each food security officer an identification card (in physical or digital form) which must be carried at all times by the food security officer when the food security officer is exercising any power under any provision of Part 2 or 13 or the Part 2 Rules.
(2) Every food security officer whose appointment as such ceases must return without delay to the Director‑General, Food Security any identification card issued to him or her under subsection (1).
(3) A former food security officer who, without reasonable excuse, fails to comply with subsection (2) 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.
(4) In the case of an identification card issued in a digital form, a former food security officer is taken to comply with subsection (2) only after he or she removes the digital identification card from each mobile communication device or other electronic device in his or her possession on which the digital identification card is capable of being displayed.
(5) Every food security officer must be issued with any accoutrement or equipment that the Director‑General, Food Security may determine to be necessary for the effective discharge of the duties of a food security officer.
(6) In subsection (5), “accoutrement” includes surveillance equipment capable of being worn on the body for the purpose of recording a view of, or recording a conversation between, the wearer and another individual.
Identification cards and equipment issued by Agency
Open ↗282.—(1) The Agency must issue to each authorised officer and each food inspector an identification card (in physical or digital form) which must be carried at all times by the authorised officer or food inspector (as the case may be) when he or she is exercising any power under any provision of this Act, except those mentioned in section 276(1)(a), (b) or (c).
(2) Every authorised officer or food inspector whose appointment as such ceases must return without delay to the Agency any identification card issued to him or her under subsection (1).
(3) A former authorised officer or former food inspector who, without reasonable excuse, fails to comply with subsection (2) 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.
(4) In the case of an identification card issued in a digital form, a person to whom subsection (3) applies is taken to comply with subsection (2) only after he or she removes the digital identification card from each mobile communication device or other electronic device in his or her possession on which the digital identification card is capable of being displayed.
(5) Every authorised officer or food inspector must be issued with any accoutrement or equipment that the Agency may determine to be necessary for the effective discharge of the duties of an authorised officer or a food inspector, as the case may be.
(6) In subsection (5), “accoutrement” includes surveillance equipment capable of being worn on the body for the purpose of recording a view of, or recording a conversation between, the wearer and another individual.
Showing identification card when exercising power
Open ↗283.—(1) If asked to do so, a food security officer, an authorised officer or a food inspector must produce his or her identification card for inspection before exercising any power conferred on him or her under any provision of this Act except those mentioned in section 276(1)(a), (b) or (c).
(2) A food security officer, an authorised officer or a food inspector who uses any identification card issued under section 281(1) or 282(1) otherwise than in the course of, or for the purpose of, performing the functions of a food security officer, an authorised officer or a food inspector (as the case may be) under this Act 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.
Public servants
Open ↗284. Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every food security officer, authorised officer or food inspector is taken to be a public servant for the purposes of the Penal Code 1871.
Division 2 — Outsourced enforcement officers
Outsourced enforcement officers
Open ↗285.—(1) The Agency may appoint an individual who —(a)
is at least 18 years of age;
(b)
is not an SFA officer;
(c)
is not a public officer or officer of a public authority; and
(d)
has suitable qualifications or experience,
to be an outsourced enforcement officer to assist the Director‑General, Food Security or the Agency in the administration of any provision of this Act in any particular area in Singapore, except any provision in Part 9 and any Part 9 Regulations or in Part 10 if involving any Part 9 Regulations.
(2) The Agency may, for any reason that appears to the Agency to be sufficient, at any time revoke an individual’s appointment under subsection (1) as an outsourced enforcement officer.
(3) The Agency must issue to each outsourced enforcement officer an identification card (in physical or digital form) which must be carried at all times by the outsourced enforcement officer when exercising powers under any provision of this Act.
(4) An outsourced enforcement officer whose appointment as such ceases must return without delay to the Agency any identification card issued to him or her under subsection (3).
(5) A former outsourced enforcement officer who, without reasonable excuse, fails to comply with subsection (4) 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.
(6) In the case of an identification card issued in a digital form, a former outsourced enforcement officer is taken to comply with subsection (4) only after he or she removes the digital identification card from each mobile communication device or other electronic device in his or her possession on which the digital identification card is capable of being displayed.
(7) An outsourced enforcement officer is not an employee of the Agency.
(8) An individual who is appointed as an outsourced enforcement officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Agency.
Powers of outsourced enforcement officers
Open ↗286.—(1) The Agency must issue to each outsourced enforcement officer a written authorisation specifying such of the powers in subsection (2) as exercisable by an outsourced enforcement officer, as what the outsourced enforcement officer may exercise, and no other powers.
(2) The powers that an outsourced enforcement officer may be authorised under this section to exercise are all or any of the following:(a)
to ask an individual suspected of committing an offence under Part 4 in premises mentioned in section 235, to state the individual’s name and residential address;
(b)
to advise the individual to stop engaging in conduct in premises mentioned in section 235 which is a public place, that is an offence under Part 4;
(c)
to photograph or film, or otherwise record the premises mentioned in section 235 where, or in respect of which, an offence under Part 4 was committed or is reasonably suspected to have been committed, and any individual or conveyance in that place;
(d)
to exercise in any premises mentioned in section 235 the following monitoring powers as if an authorised officer:(i)
section 236;
(ii)
section 237 but not a monitoring power in section 237(1)(e), (f), (g) and (i);
(iii)
section 238;
(iv)
section 239.
(3) The written authorisation issued under subsection (1) to an outsourced enforcement officer may also do all or any of the following:(a)
limit the powers mentioned in subsection (2) that the outsourced enforcement officer may exercise;
(b)
limit when, and where in Singapore, the outsourced enforcement officer may exercise those powers or any of them;
(c)
limit the circumstances in which the outsourced enforcement officer may exercise those powers or any of them.
(4) To avoid doubt, the Agency cannot authorise under this section an outsourced enforcement officer to arrest any individual.
(5) The powers that an outsourced enforcement officer may be authorised under this section to exercise may be exercised only —(a)
upon production of the identification card issued under section 285(3);
(b)
to the extent authorised by the Agency under this section; and
(c)
as directed (generally or specially) by a food security officer or an authorised officer, or an officer of the Agency.
(6) An outsourced enforcement officer who is authorised under subsection (1) to exercise any power expressly specified in subsection (2) is taken to be a public servant for the purposes of the Penal Code 1871 when exercising that power.
(7) Without limiting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions include an outsourced enforcement officer’s acts or omissions when acting in the course of his or her duty as an outsourced enforcement officer in accordance —(a)
with the written authorisation under subsection (1); and
(b)
with subsection (5).
(8) To avoid doubt, an outsourced enforcement officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee of the Agency is not present at all times.
Division 3 — Authorised analysts
Authorised analysts
Open ↗287.—(1) The Agency may appoint an individual, whom the Agency considers to be appropriately qualified, to be an authorised analyst for the purposes of this Act.
(2) An appointment under subsection (1) —(a)
may be subject to any conditions specified in the appointment including —(i)
a condition limiting the individual to carry out analyses that are of a particular type of analysis; or
(ii)
a condition limiting the individual to carry out analyses in a particular type of laboratory; and
(b)
may at any time be varied or revoked.
Only authorised analyst may supply certificate of analysis
Open ↗288.—(1) Only an authorised analyst may issue to a food security officer, an authorised officer or a food inspector submitting an article for analysis, a certificate of analysis mentioned in section 289(1) setting out the result of the analysis done by or under the supervision of the authorised analyst.
(2) A person commits an offence if —(a)
the person issues to a food security officer, an authorised officer or a food inspector submitting an article for analysis, a document purporting to be a certificate of analysis mentioned in section 289(1); and
(b)
the person is not an authorised analyst at the time of issuing.
(3) A person who is guilty of an offence under subsection (2) 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.
Authorised analyst’s certificate
Open ↗289.—(1) The production by the prosecution of a certificate of analysis in the form prescribed by any regulations made under Part 15, and purporting to be signed by an authorised analyst is sufficient evidence of the facts stated in the certificate, unless the person charged requires the authorised analyst to be called as a witness.
(2) If a person charged intends to require an authorised analyst to be called as a witness in any proceedings for an offence under this Act, the person charged must give notice of the person’s intention to the prosecution not less than 3 clear days before the day on which the summons is returnable.
Analysis not required for conviction
Open ↗290. Despite any provision of any other Act, if in any prosecution under this Act it appears to the court that the offence is sufficiently proved without an analysis, proof that an analysis has been made or of the results of an analysis is not necessary to conviction for the offence.
Division 4 — General provisions on licences, permits, etc.
Definitions for this Division
Open ↗291. In this Division —“FSSA authorisation” excludes a registration of a plant pesticide product under Part 11;
“prescribed”, in relation to an FSSA authorisation or an application for an FSSA authorisation, means prescribed by any regulations made under Part 15 for that FSSA authorisation.
Application for FSSA authorisation
Open ↗292.—(1) An application for an FSSA authorisation must be made to the Agency in accordance with this section.
(2) An application for an FSSA authorisation must —(a)
be in the form and manner the Agency specifies;
(b)
be accompanied by an application fee (if prescribed) for the authorisation;
(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 prescribed information, and any other additional information that the Agency requires to decide on the application.
(3) In addition, an application to renew an FSSA authorisation must be made no later than a prescribed period before the date of expiry of the authorisation, if prescribed.
(4) The Agency may refuse to consider an application for an FSSA authorisation that is incomplete or not made in accordance with this section.
Grant of FSSA authorisation
Open ↗293.—(1) Subject to this Act, after considering any application under section 292, the Agency may —(a)
on payment of the applicable fee for an FSSA authorisation applied for (if prescribed), grant the applicant the FSSA authorisation; or
(b)
refuse to grant the FSSA authorisation applied for.
(2) The Agency may grant a renewal of an FSSA authorisation with or without modifying the conditions of the FSSA authorisation, except that section 295 does not apply to or in relation to granting a renewal of an FSSA authorisation with modifications to the conditions of the FSSA authorisation.
Conditions of FSSA authorisation
Open ↗294. In granting an FSSA authorisation to any person, the Agency may impose any conditions that the Agency considers requisite or expedient having regard to the purposes of this Act.
Procedure to modify FSSA authorisation condition or for regulatory action against FSSA authorisation holder
Open ↗295.—(1) Subject to subsections (8) and (9), before exercising any relevant power under section 82, 83, 84, 95, 96, 112, 195, 196, 209 or 213 in relation to a holder of an FSSA authorisation, the Agency must give to the holder concerned, a written notice inviting the holder to show (as the case may be) why —(a)
the condition of the FSSA authorisation should not be modified; or
(b)
the regulatory action should not be taken against the holder in question,
each called a proposed action.
(2) The written notice must state all of the following:(a)
the proposed action, including (where applicable) the type of action in section 82, 83, 84, 95, 96, 112, 195, 196 or 213 that the Agency proposes to take;
(b)
the grounds for the proposed action;
(c)
the facts and circumstances forming the basis for the grounds;
(d)
if the proposed action is suspension of the FSSA authorisation, the proposed suspension period;
(e)
if the proposed action is modifying any condition of the FSSA authorisation, the proposed modification;
(f)
that representations may be made about the notice;
(g)
how and where representations may be made, and a period within which the representations must be made.
(3) The stated period in subsection (2)(g) must be, or must end, at least 14 days after the notice is given.
(4) If, after considering all representations made within the stated period the Agency still considers any proposed action should be taken, the Agency may —(a)
if the proposed course of action is modifying under section 82, 95 or 195 any condition of the FSSA authorisation — modify the condition; or
(b)
if the proposed course of action is any regulatory action under section 83, 84, 96, 112, 196 or 213 — take any regulatory action mentioned in the appropriate section that the Agency considers appropriate.
(5) Where the Agency has made any decision under subsection (4) against any holder of an FSSA authorisation, the Agency must serve on the holder concerned a notice of the Agency’s decision.
(6) Subject to Part 12, a decision under subsection (4) that is specified in the notice given under subsection (5) takes effect starting the date on which that notice is given, or on another later date if specified in that notice.
(7) Any suspension, cancellation or revocation of an FSSA authorisation with respect to the holder of the FSSA authorisation does not affect —(a)
the enforcement by any person of any right or claim against the holder; or
(b)
the enforcement by the holder of any right or claim against any person.
(8) However, if the Agency —(a)
considers it necessary in the public interest of Singapore to suspend an FSSA authorisation urgently; or
(b)
has reasonable grounds to believe there is a serious and imminent risk to public health and that it is appropriate or requisite, to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public, to suspend the FSSA authorisation urgently,
the Agency may immediately suspend, for a period not exceeding 30 days, the FSSA authorisation by written notice given to the holder thereof.
(9) Subsections (1) to (4) do not apply where the holder of the authorisation in question —(a)
has died or is adjudged a bankrupt;
(b)
has been dissolved or wound up; or
(c)
has otherwise ceased to exist.
Non-transferable FSSA authorisation
Open ↗296. Every FSSA authorisation (other than a pre-market approval), and any rights, benefits or privileges under such an authorisation, are not transferable or assignable to any other person, and a transfer or an assignment, or purported transfer or assignment, of such an FSSA authorisation, or of any rights, benefits or privileges under such an authorisation, is void and of no effect.
Conviction as ground for regulatory action
Open ↗297.—(1) In taking any regulatory action under section 83, 84, 96, 112, 196 or 213 because of the conviction of any person of a criminal offence, the Agency may accept the person’s conviction as final.
(2) For the purposes of section 78(2)(c), 83(1)(c), 92(2)(d), 96(1)(c), 192(2)(d), 196(1)(c), 211(2)(d) and 213(1)(a), “convicted”, in addition to its ordinary meaning, has the meaning given by subsection (3).
(3) 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.
Disqualification from holding FSSA authorisation
Open ↗298.—(1) This section applies where an FSSA authorisation is revoked under section 83, 96 or 196 (called in this section the invalidated authorisation).
(2) The person who was the holder of an invalidated authorisation is also disqualified, for a period that is specified in a written order by the Agency —
(a)
from holding —(i)
the same FSSA authorisation as the invalidated authorisation; and
(ii)
any other FSSA authorisation or FSSA authorisations associated with the invalidated authorisation that the Agency may specify in the order; and
(b)
where the invalidated authorisation was a food business licence for a type of licensable food business, from being an executive staffer of the same type of licensable food business at any premises.
(3) The period the Agency may specify in a written order under subsection (2) is a period not exceeding 3 years starting immediately after the date of revocation of an invalidated authorisation.
(4) Any FSSA authorisation obtained by a person while disqualified by a written order of the Agency under this section from obtaining such an authorisation is of no effect.
(5) For the purposes of subsection (2)(a)(ii), an FSSA authorisation is associated with an invalidated authorisation if —
(a)
it authorises a type of licensable activity that is grouped by rules made under subsection (6) with the invalidated authorisation; and
(b)
it is not an appointment as a certified pesticide operator or a pre‑market approval.
(6) The Minister may, for the purposes of subsection (5), make rules in the Gazette that group different FSSA authorisations together where the nature of the licensable activities covered by the respective FSSA authorisations are similar.
(7) In this section —“executive staffer”, in relation to a food business, means an individual —(a)
who is in the direct employment of, or is acting for or by arrangement with, the proprietor of the food business;
(b)
who —(i)
directly takes part in managing, or exercises oversight over, the day‑to‑day operations of the food business; or
(ii)
is authorised to make decisions, involving the exercise of his or her discretion, that controls the day‑to‑day operations, of the food business; and
(c)
who is not an officer of the food business if it is a corporation, an unincorporated association or a partnership;
“same FSSA authorisation”, in relation to an invalidated authorisation, means an FSSA authorisation that, if granted —(a)
is granted under the same provision of this Act as the invalidated authorisation covering the same type of licensable activity; and
(b)
covers the same premises which the invalidated authorisation authorised that licensable activity to be carried on (if any) in.
Financial penalties, etc.
Open ↗299.—(1) Where any financial penalty is imposed on a holder of an FSSA authorisation under the provisions of this Act, for contravening or not complying with —
(a)
any condition attached to the FSSA authorisation;
(b)
any provision of this Act applicable to the holder of the FSSA authorisation so far as that relates to the activity covered by the authorisation; or
(c)
any provision of a code of practice applicable to the holder of the FSSA authorisation so far as that relates to the activity covered by the FSSA authorisation,
any performance bond, guarantee or other form of security furnished by the holder must not be forfeited by the Agency for that contravention or non‑compliance except to the extent to pay the financial penalty.
(2) All financial penalties imposed under this Act because of regulatory action, and any moneys under a performance bond, deposit or other form of security forfeited under regulatory action for the purpose of meeting any financial penalty so imposed must be collected by the Agency and paid into the Consolidated Fund.
(3) The Agency may recover as a debt in a court of competent jurisdiction any of the following amounts that has become due and payable but has not been paid:
(a)
any fee imposed under any provision of this Act in respect of an FSSA authorisation;
(b)
any financial penalty imposed under any provision of this Act in respect of a holder or former holder of an FSSA authorisation,
and the liability of the holder or former holder concerned to pay is not affected by the holder’s or former holder’s FSSA authorisation ceasing (for any reason) to be in force.
(4) All financial penalties recovered under subsection (3) must be paid into the Consolidated Fund.
Division 5 — Miscellaneous
Production of FSSA authorisation
Open ↗300.—(1) A holder of an FSSA authorisation commits an offence if the holder refuses or fails to show the holder’s FSSA authorisation without delay when requested to do so by any police officer, or an investigator or outsourced enforcement officer duly authorised to do so.
(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) Where an FSSA authorisation is granted in a digital form, the holder of the FSSA authorisation is taken to have shown the FSSA authorisation for the purpose of complying with a request under subsection (1) if the holder, or an officer of the holder (which is an entity), produces a mobile communication device or other electronic device on which the digital FSSA authorisation is displayed, to the police officer, investigator or outsourced enforcement officer concerned.
(4) However, an FSSA authorisation in digital form is not displayed for the purpose of complying with a request under subsection (1) to produce the FSSA authorisation if —(a)
the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the police officer, investigator or outsourced enforcement officer to whom it is displayed because of cracking, dimming, dirt or any other fault, damage or obstruction;
(b)
the individual holding the mobile communication device or other electronic device fails or refuses to comply with a reasonable request by the police officer, investigator or outsourced enforcement officer to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the FSSA authorisation; or
(c)
the individual holding the mobile communication device or other electronic device refuses to comply with a reasonable direction to refresh the display of the FSSA authorisation in digital form.
(5) To avoid doubt, an individual who displays or purports to display an FSSA authorisation in digital form is not required to give or hand over, to a police officer or an investigator or outsourced enforcement officer who is requiring the FSSA authorisation to be produced, the mobile communication device or other electronic device on which the FSSA authorisation in digital form is displayed or purported to be displayed.
(6) In this section, “investigator” means —(a)
a food security officer;
(b)
an authorised officer;
(c)
a food inspector; or
(d)
a Part 9 enforcement officer.
Surrender of FSSA authorisation
Open ↗301.—(1) This section applies where an FSSA authorisation is revoked or cancelled, or expires and is not renewed.
(2) The Agency may, in any of the circumstances described in subsection (1), direct the former holder of an FSSA authorisation —(a)
to surrender or return to the Agency, within a period stated in the direction, the revoked, cancelled or expired FSSA authorisation; or
(b)
in the case of an FSSA authorisation granted in digital form, to remove, within a period stated in the direction, the digital FSSA authorisation from each mobile communication device or other electronic device on which the digital FSSA authorisation is capable of being displayed.
(3) A person who, without reasonable excuse, fails to comply with a direction given to the person under subsection (2) 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) Any direction under this section to return or surrender an FSSA authorisation does not extend to any mobile communication device or other electronic device on which an FSSA authorisation granted in digital form is displayed.
Reasonable belief by authorised officer, etc.
Open ↗302.—(1) If this Act requires an authorised officer or a food inspector to reasonably believe something before exercising a power, it is sufficient if the Director‑General or a more highly ranked authorised officer or food inspector reasonably believes it and directs the authorised officer or food inspector (as the case may be) to exercise the power.
(2) If this Act requires a food security officer to reasonably believe something before exercising a power, it is sufficient if the Director‑General, Food Security or a more highly ranked food security officer reasonably believes it and directs the food security officer to exercise the power.
Protection of confidential commercial information for plant pesticides
Open ↗303.—(1) Where the Agency receives an application relating to a plant pesticide product, or a proposed plant pesticide product, and the product or an active constituent of the proposed or existing plant pesticide product (as the case may be) has not been the subject of any other earlier application to the Agency, then during the protected period of the confidential commercial information relating to the plant pesticide product or active constituent, the Agency —
(a)
must take reasonable steps to ensure that the confidential commercial information is kept confidential to the Agency; and
(b)
must not use the confidential commercial information for the purposes of determining whether to grant any other application.
(2) Despite subsection (1), the Agency may, during the protected period in relation to any confidential supporting information —
(a)
disclose that confidential commercial information, or use that confidential commercial information for the purposes of determining whether to grant any application other than the application to which it relates or related, as the case may be —(i)
with the consent of the applicant who made the application to which the confidential commercial information relates or related; or
(ii)
if that disclosure or use is, in the opinion of the Agency, necessary to protect the health or safety of members of the general public;
(b)
disclose that confidential commercial information to a Government department or statutory body for the purposes of the Government department or statutory body if, in the opinion of the Agency, the Government department or statutory body will take reasonable steps to ensure the confidential commercial information is kept confidential; or
(c)
disclose that confidential commercial information to any one or more of the following:(i)
the World Health Organisation;
(ii)
the Food and Agriculture Organisation;
(iii)
any regulatory agency of a WTO Country;
(iv)
any committee established under section 27 of the Singapore Food Agency Act 2019 for the purpose of advising the Agency on any matters arising out of any application;
(v)
any person, or a person within a class or classes of persons, approved by the Minister, if the disclosure is in accordance with any conditions that are specified in the pesticide control regulations.
(3) The power to grant consent under subsection (2)(a)(i) may be exercised by a person other than the applicant mentioned in that provision if —
(a)
that applicant —(i)
has notified the Agency in writing that that other person may grant that consent; and
(ii)
has not notified the Agency in writing that that person’s authority to grant that consent has been withdrawn; or
(b)
that applicant’s rights in respect of the relevant confidential commercial information have been transferred to that person and the applicant or that other person has notified the Agency in writing of the transfer.
(4) In this section —“application” means an application under section 205 for registration of a plant pesticide product;
“confidential commercial information”, in relation to a plant pesticide product or in relation to an active constituent for a proposed or existing plant pesticide product, means —(a)
a trade secret relating to the active constituent or product; or
(b)
any other information relating to the active constituent or product that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed;
“protected period”, in relation to any confidential commercial information relating to an innovative plant pesticide application received by the Director‑General, means a period of 5 years starting the date the application is or was (as the case may be) received by the Agency;
“WTO Country” means a country that is a party to the Agreement establishing the World Trade Organisation adopted at Marrakesh on 15 April 1994.
(5) Section 6 of the Public Sector (Governance) Act 2018 and section 34 of the Singapore Food Agency Act 2019 do not apply in relation to any confidential commercial information during its protected period.
Service of documents
Open ↗304.—(1) A document that is permitted or required by this Act to be given to a person may be served as described in this section.
(2) A document permitted or required by this Act to be given to an individual may be given —(a)
by delivering it to the individual personally;
(b)
by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
(e)
by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or
(f)
by sending it by email to the individual’s last email address.
(3) A document permitted or required by this Act to be given to a partnership (other than a limited liability partnership) may be given —(a)
by delivering it to any partner, secretary or other similar officer of the partnership;
(b)
by leaving it at, or by sending it by post to, the partnership’s business address;
(c)
by sending it by fax to the fax number used at the partnership’s business address; or
(d)
by sending it by email to the partnership’s last email address.
(4) A document permitted or required by this Act to be given to a body corporate (including a limited liability partnership) or an unincorporated association may be given —(a)
by delivering it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;
(c)
by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or
(d)
by sending it by email to the last email address of the body corporate or unincorporated association.
(5) In addition, a document (other than a summons) permitted or required by this Act to be given to an individual, a partnership, a body corporate or an unincorporated association may be given —(a)
by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or
(b)
by any other method authorised by regulations made under Part 15 for the service of documents of that kind if the addressee consents expressly to service of a document of that kind in that way.
(6) A document given under this section by fax, email or post takes effect —(a)
if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or
(c)
if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered).
(7) However, the giving of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s express prior consent to service of the document of that kind in that way.
(8) This section does not apply to documents to be served in proceedings in court.
(9) In this section —“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving the document as the means by which the addressee may access that document’s contents;
“chosen means of notification”, for an addressee on whom is or is to be given a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving the document as the means by which the addressee may be notified that such a document has been given to the addressee;
“document” includes a notice or an order permitted or required by this Act to be given;
“last email address” means the last email address given by the addressee concerned to the person giving the document as the email address for the service of documents under this Act;
“post” includes prepaid registered post;
“residential address” means an individual’s usual or last known place of residence in Singapore.
Protection from personal liability
Open ↗305. No liability shall lie against —(a)
a food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer;
(b)
a member, officer or employee of the Agency; or
(c)
any other person acting under the direction of the Agency,
for anything done or omitted to be done in good faith and with reasonable care in the execution or purported execution of any provision of this Act.
Jurisdiction of courts
Open ↗306. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
