Division 1 — Interpretive provisions
Definitions for Part 2
18.—(1) In this Part —“agri‑food supply chain” means a supply chain for providing individuals with items of food for personal consumption (each called in this Act an ultimate consumer) where the items of food consist of or include, or have been produced using (directly or indirectly, and whether or not exclusively), the whole or part of —(a)
any food;
(b)
any primary produce;
(c)
any creature or other thing taken from the wild; or
(d)
any agri‑food production input;
“agri‑food supply chain participant” means any of the following:(a)
any ultimate consumer in Singapore;
(b)
any person engaged in primary production activities in Singapore;
(c)
any person engaged in taking any animal, plant or other thing from the wild in Singapore for the purposes of consumption by humans or food producing animals;
(d)
any person in Singapore in the agri‑food supply chain between persons mentioned in paragraph (b) or (c) and the ultimate consumers, such as (but not limited to) a person undertaking any of the following activities in Singapore:(i)
producing, manufacturing, preparing or processing any food or agri‑food production input;
(ii)
selling, distributing, transporting, supplying or storing any food or agri‑food production input;
(iii)
making any food or agri‑food production input available in Singapore, or providing the food or agri‑food production input to another person in Singapore;
“average MSR” has the meaning given by section 20(b);
“daily MSR” has the meaning given by section 20(a);
“food security factors” means all of the following:(a)
global food availability;
(b)
supply sources for food, including the range of supply sources and the availability to the ultimate consumers of food from local and other sources;
(c)
the resilience of the agri‑food supply chain in response to natural or man‑made disasters, climate change, severe disturbances in agricultural markets and other disruptions in the supply of food;
(d)
food safety and consumer confidence in food;
“MSR” or “minimum stockholding requirement” means a requirement described in section 20;
“MSR activity”, in relation to an MSR product, means undertaking in the course of business any activity involving the MSR product, being an activity that is prescribed by the Part 2 Rules for the purposes of this definition in relation to that MSR product;
“MSR product” means —(a)
any food that is prescribed by the Minister in the Part 2 Rules, to be an MSR product; or
(b)
any agri‑food production input that is prescribed by the Minister in the Part 2 Rules, to be an MSR product;
“MSR product shortfall” has the meaning given by section 30(4) or 31(4);
“relevant period” means a period (being at least a month) that is prescribed by, or to be determined in accordance with, the Part 2 Rules;
“Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018;
“subject to a minimum stockholding requirement” has the meaning given by section 22;
“trigger notice” means a written notice given under section 23, and includes a trigger notice given by the Minister under section 226(3)(c) on appeal against an original trigger notice given under section 23.
(2) In this Part, stocks of any food or agri‑food production input are stored in Singapore if the stocks are stored —(a)
on land in Singapore;
(b)
on a vessel that —(i)
is in a port in Singapore; or
(ii)
is moored in Singapore territorial waters waiting to enter a port in Singapore; or
(c)
in other circumstances prescribed by the Part 2 Rules for the purposes of this subsection.
(3) A reference in section 23, 24, 27 or 32 to the Director‑General, Food Security includes a reference to a food security officer duly appointed by the Director‑General, Food Security to act for him or her.
When entity holds stocks of MSR product
19.—(1) For the purposes of this Act, an entity holds stocks of an MSR product if —(a)
the entity is the holder of the stocks under subsection (2) or (3); and
(b)
the stocks are none of the following:(i)
any stock which is being kept for the exclusive use of the Singapore Armed Forces or any visiting forces;
(ii)
any stock which is kept wholly or principally for personal or domestic consumption;
(iii)
any stock being stored in the food premises of a retail food business;
(iv)
any stock which is being stored in a seagoing vessel for the consumption of crew or passengers or both;
(v)
any stock which is unsuitable food, unsafe food or a defined food.
(2) An entity is the holder of stocks of an MSR product under this subsection if —(a)
the entity owns the stocks;
(b)
the stocks are being stored in Singapore by the entity or by another entity on behalf of the firstmentioned entity; and
(c)
no other entity is the holder of the stocks by virtue of this subsection.
(3) However, if more than one entity would be the holder of the same stock of MSR product under subsection (2), then —(a)
which of those entities is the holder of the stock; and
(b)
the share of the stock each entity is the holder of,
must be as agreed between the entities but, in the absence of any such agreement, must be determined by the Director‑General, Food Security in accordance with the method prescribed by the Part 2 Rules.
Division 2 — Minimum stockholding requirement or MSR
What is minimum stockholding requirement or MSR
20. An entity that is subject to a minimum stockholding requirement in relation to an MSR product must —(a)
hold each day, at least the quantity of stocks of the MSR product designated for the entity for the day (called the daily MSR); and
(b)
hold, for each relevant period, at least the average quantity of stocks of the MSR product designated for the entity for the relevant period (called the average MSR).
Quantity of MSR product to be held
21.—(1) For the purposes of section 20(a), the daily MSR for an MSR product designated for an entity on a day, is the quantity specified in the trigger notice that —(a)
is in force for that day; and
(b)
was given to the entity in relation to that MSR product.
(2) For the purposes of section 20(b), the average MSR for an MSR product designated for an entity for a relevant period applicable to an entity, is the quantity that —(a)
is worked out in accordance with section 23(3) for the relevant period and the entity; and
(b)
is specified in the trigger notice that —(i)
is in force for the whole of that relevant period; and
(ii)
was given to the entity in relation to that MSR product.
Entity subject to MSR
22.—(1) An entity is subject to a minimum stockholding requirement in relation to an MSR product if —(a)
the minimum stockholding requirement has been triggered for the entity in relation to the MSR product because of section 23; and
(b)
the entity has not ceased to be subject to the minimum stockholding requirement in relation to the MSR product because of section 24.
(2) An entity is also subject to a minimum stockholding requirement in relation to an MSR product if —(a)
a determination is made under section 27 that —(i)
the entity has assumed another entity’s minimum stockholding requirement in relation to the MSR product; or
(ii)
another entity’s minimum stockholding requirement in relation to the MSR product has been divided with the entity; and
(b)
the entity has not ceased to be subject to the minimum stockholding requirement in relation to the MSR product because of section 24.
Triggering MSR
23.—(1) The Director‑General, Food Security may, by written notice (called a trigger notice) given to an entity, trigger the minimum stockholding requirement for the entity in relation to an MSR product if —(a)
the entity is an agri‑food supply chain participant but not an ultimate consumer; and
(b)
in a period prescribed by the Part 2 Rules —(i)
the entity undertakes any MSR activity in relation to the MSR product; and
(ii)
in doing so, the entity exceeds the quantity prescribed by the Part 2 Rules for undertaking the MSR activity in relation to that MSR product.
(2) The trigger notice must specify —(a)
the days for which the notice is in force and the quantity of stocks of the MSR product the entity must hold on those days;
(b)
the relevant periods for which the trigger notice is in force, and the average quantity of stocks of the MSR product the entity must hold for each of those relevant periods; and
(c)
the place or places in Singapore where those stocks must be held.
(3) The average quantity of an MSR product in relation to a relevant period applicable to an entity must be worked out by dividing —(a)
the total minimum quantity of stocks of the MSR product which the Director‑General, Food Security determines the entity must hold during the relevant period; by
(b)
the number of days constituting that relevant period.
(4) Trigger notices may specify different quantities or average quantities of stocks —(a)
in respect of different MSR products or different entities; or
(b)
on the basis of different MSR activities undertaken in relation to the same MSR product.
(5) The Director‑General, Food Security must determine the quantity or average quantity of stocks of an MSR product in accordance with section 25.
(6) A trigger notice given under this section is in force for the days or relevant periods which occur within the period —(a)
starting the date specified in the trigger notice as the day the trigger notice comes into force which must be a date after the end of the minimum interval applicable; and
(b)
ending the day before —(i)
the trigger notice is cancelled under section 24; or
(ii)
another trigger notice given under this section to the same entity in relation to the same MSR product comes into force,
whichever first happens.
(7) Subsection (6) is subject to section 26(2).
(8) In giving a trigger notice under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the trigger notice a chance to be heard before the trigger notice is given.
(9) The quantity or average quantity (as the case may be) of stocks of MSR product may be specified in a trigger notice in any of the following terms:(a)
a fixed quantity;
(b)
a rate or formula by which a quantity is to be calculated.
(10) The minimum interval in subsection (6)(a), for any trigger notice, is the following period after the day the trigger notice is given:(a)
6 months;
(b)
another period specified in the Part 2 Rules in substitution of the period in paragraph (a), for a trigger notice or class of trigger notices given on or after the other period as so specified in those Rules.
Ceasing to be subject to MSR
24.—(1) An entity ceases to be subject to the minimum stockholding requirement in relation to an MSR product if the Director‑General, Food Security cancels the trigger notice given to the entity.
(2) The Director‑General, Food Security must, upon being satisfied that the entity has permanently or indefinitely stopped undertaking all MSR activities in relation to that MSR product, cancel the trigger notice given to the entity.
(3) An entity ceases to be subject to the minimum stockholding requirement in relation to an MSR product if a determination is made under section 27 that another entity has assumed the entity’s minimum stockholding requirement in relation to that product.
Decision-making criteria for triggering MSR, etc.
25.—(1) The Director‑General, Food Security must have regard to, and give such weight as the Director‑General, Food Security considers appropriate to, all of the matters in subsection (2) —(a)
in deciding whether or not to give a trigger notice under section 23;
(b)
in determining under section 23(3) the total minimum quantity of stocks of an MSR product that an entity must hold during a relevant period; or
(c)
in determining under section 23(5) the quantity or average quantity of stocks of an MSR product to be specified in a trigger notice.
(2) The matters for the purposes mentioned in subsection (1) are as follows:(a)
the food security factors;
(b)
the need to enhance resilience of the agri-food supply chain for Singapore;
(c)
the local eating patterns and preferences;
(d)
the local food production capacity.
Temporary suspension of MSR by Minister
26.—(1) The Minister may, by order in the Gazette, suspend section 20(a) or (b) in relation to a specified MSR product for a period (not exceeding 6 months) specified in the order (called a suspension period) if the Minister is satisfied that —(a)
a disruptive event which directly affects the supply of the MSR product in Singapore is occurring or has occurred, or there is a threat of such a disruptive event; and
(b)
a suspension under this section is necessary to substantially prevent, or substantially assist in mitigating, the impact of the disruptive event or the threatened disruptive event, on the supply of the MSR product in Singapore.
(2) During the period an order made under subsection (1) has effect, entities are not required to comply with section 20(a) or (b) in relation to the specified MSR product.
(3) An order made under subsection (1) has effect for the suspension period specified in it or until the day it is earlier revoked under subsection (4).
(4) An order made under subsection (1) may be revoked at any time by the Minister before the expiry of the suspension period specified in that order.
(5) However, the cessation of an order made under subsection (1) having effect (whether by revocation or expiry of a suspension period) does not prevent a further order being made under subsection (1) by the Minister if the Minister is satisfied that the circumstances warrant it under subsection (1).
Determination of assumption or division of MSR
27.—(1) The Director‑General, Food Security may make a determination that he or she is satisfied that an entity’s (called the divesting entity’s) minimum stockholding requirement in relation to an MSR product is being assumed by, or divided with, another entity or entities (called the receiving entity or entities).
(2) The Director‑General, Food Security may make the determination on the application of a divesting entity or receiving entity or on the Director‑General, Food Security’s own initiative.
(3) The determination must specify the effect the determination is to have on trigger notices in force under section 23, including whether a trigger notice is taken to have been given to one or more receiving entities by the determination or that a trigger notice is taken to specify a different quantity or average quantity.
Reporting capacity to hold, etc.
28.—(1) If an entity is subject to the minimum stockholding requirement in relation to an MSR product, and the entity intends —(a)
to undertake another MSR activity in relation to the same MSR product;
(b)
to permanently or indefinitely cease undertaking an MSR activity in relation to the same MSR product; or
(c)
to cease undertaking an MSR activity in relation to the same MSR product in circumstances in which paragraph (b) does not apply,
the entity must give the Director‑General, Food Security a written advice in advance in accordance with subsection (2).
(2) The written advice must —(a)
set out details of the situation to which the advice relates;
(b)
set out any matters that might affect the entity’s capacity to meet any minimum stockholding requirement in relation to an MSR product;
(c)
be in accordance with any other requirements prescribed by the Part 2 Rules; and
(d)
be given to the Director‑General, Food Security within the period (if any) prescribed by the Part 2 Rules for the situation.
(3) An entity that intentionally or negligently contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Average MSR default — civil penalty
29.—(1) If —(a)
an entity is subject to a minimum stockholding requirement in relation to an MSR product; and
(b)
the entity contravenes section 20(b) by not holding, for a relevant period for which a trigger notice given to the entity is in force, at least the average MSR of stocks of the MSR product designated for the entity for that relevant period,
the entity shall be liable to pay an MSR charge of an amount that is in subsection (3).
(2) The MSR charge payable under subsection (1) must be paid to the Director‑General, Food Security not later than the 14th day after a written demand to pay that MSR charge is given by the Director‑General, Food Security to the entity in question.
(3) For the purposes of subsection (1), the MSR charge, for each relevant period which is the subject of the written demand given under subsection (2), is as follows:
where —
(a)
Ma is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the last day of the relevant period; and
(b)
Ka is the MSR product average shortfall for the relevant period, calculated in accordance with subsection (4).
(4) For the purposes of subsection (3), “MSR product average shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product for a relevant period, means the quantity calculated by subtracting —(a)
the average quantity of the stocks of the MSR product actually held by the entity during that relevant period where lower than the quantity in paragraph (b); from
(b)
the average quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold during that relevant period.
(5) Where an entity subject to a minimum stockholding requirement in relation to an MSR product becomes liable under subsection (1) to pay an MSR charge for a relevant period, the entity’s liability continues despite the entity ceasing to be subject to that minimum stockholding requirement.
(6) Any liability under this section is in addition to and does not affect any liability under section 30.
(7) This section is subject to a remission under section 39.
Daily MSR default — civil penalty
30.—(1) If —(a)
an entity is subject to a minimum stockholding requirement in relation to an MSR product; and
(b)
the entity contravenes section 20(a) by not holding at least the daily MSR of stocks of the MSR product designated for the entity for any day for which a trigger notice given to the entity is in force,
the entity shall be liable to pay an MSR charge of an amount that is calculated in relation to that day using the formula in subsection (3).
(2) The MSR charge payable under subsection (1) must be paid to the Director‑General, Food Security not later than the 14th day after a written demand to pay that MSR charge is given by the Director‑General, Food Security to the entity in question.
(3) For the purposes of subsection (1), the formula, for each day which is the subject of the written demand given under subsection (2), is as follows:
where —
(a)
M is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the day; and
(b)
K is the MSR product shortfall for that day, calculated in accordance with subsection (4).
(4) For the purposes of subsection (3), “MSR product shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product on a day, means the quantity calculated by subtracting —(a)
the quantity of the stocks of the MSR product actually held by the entity on that day where lower than the quantity in paragraph (b); from
(b)
the quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold on that day.
(5) Where an entity subject to a minimum stockholding requirement in relation to an MSR product becomes liable under subsection (1) to pay an MSR charge for any day or days, the entity’s liability continues despite the entity ceasing to be subject to that minimum stockholding requirement.
(6) Any liability under this section is in addition to and does not affect any liability under section 29.
(7) This section is subject to a remission under section 39.
Daily MSR default — offence
31.—(1) An entity commits an offence if —(a)
the entity is subject to a minimum stockholding requirement in section 20(a) in relation to an MSR product on any day for which a trigger notice given to the entity is in force; and
(b)
the entity intentionally or recklessly holds less than the daily MSR of stocks of the MSR product designated for the entity for any day for which a trigger notice given to the entity is in force.
(2) An entity that is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding one of the following amounts, whichever being the higher:(a)
$25,000;
(b)
an amount that is calculated in relation to that day using the formula in subsection (3).
(3) For the purposes of subsection (2)(b), the formula for the day which is the subject of the charge, is as follows:
where —
(a)
N is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the day; and
(b)
K is the MSR product shortfall for that day, calculated in accordance with subsection (4).
(4) For the purposes of subsection (3), “MSR product shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product on a day, means the quantity calculated by subtracting —(a)
the quantity of the stocks of the MSR product actually held by the entity on that day where lower than the quantity in paragraph (b); from
(b)
the quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold on that day.
Division 3 — Information about agri-food supply chain
Requirement to provide information
32.—(1) Subject to sections 33 and 34, the Director‑General, Food Security may require a person —(a)
who —(i)
is an agri‑food supply chain participant; or
(ii)
is closely connected with an agri‑food supply chain; and
(b)
who falls within any class of persons prescribed in the Part 2 Rules for the purposes of this section,
to provide information to the Director‑General, Food Security, within a reasonable period specified in that requirement.
(2) For the purpose of subsection (1), a person is “closely connected” with an agri‑food supply chain if the person is any of the following:(a)
anybody providing, to any person mentioned in subsection (1)(a)(i), goods or services related to —(i)
the health of food producing animals, or plants, involved in the agri‑food supply chain; or
(ii)
the safety or quality of any food to be provided to the ultimate consumers;
(b)
any person carrying on activities capable of affecting a matter mentioned in paragraph (a)(i) or (ii);
(c)
any body representing persons mentioned in subsection (1) or paragraph (a) or (b) of this subsection.
(3) To avoid doubt, it does not matter whether the person required under subsection (1) is subject to a minimum stockholding requirement in relation to an MSR product.
(4) However, subsection (1) does not apply in relation to individuals in an agri‑food supply chain so far as they are in the agri‑food supply chain by reason of them, or members of their households, being the ultimate consumers.
(5) In giving a requirement under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the requirement a chance to be heard before the requirement is given.
(6) A requirement under this section is binding on the person to whom it is addressed and given, and that person is bound to state truly what the person is required.
Subject information of section 32 requirement
33.—(1) The power in section 32 may be exercised only in relation to any information —(a)
about matters relating to a person’s activities connected with the agri‑food supply chain so far as the activities are in or relate to Singapore;
(b)
which the Director‑General, Food Security considers necessary for all or any of the following purposes:(i)
to determine what is an MSR product and the MSR activity for an MSR product, and holdings of an MSR product;
(ii)
to determine whether there are grounds to exercise any power under section 23, 24, 25, 26 or 27, or under any other provision of this Act directed at mitigating the impact on Singapore of agri‑food supply chain disruptions or the impact of disruptive events on the supply of food or agri‑food production inputs in Singapore;
(iii)
to monitor or analyse markets connected with agri‑food supply chains;
(iv)
to monitor the resilience of the agri‑food supply chain in response to natural or man‑made disasters, climate change, severe disturbances in agricultural markets and other disruptions in the supply of food and agri‑food production inputs; and
(c)
that is —(i)
within the knowledge of the person to whom a requirement under section 32 is given; or
(ii)
in the custody or under the control of that person.
(2) However, nothing in this section requires a person to provide any information subject to legal privilege.
Other content of section 32 requirement
34. A requirement under section 32 must specify —(a)
the purpose or purposes for which the required information is required;
(b)
how and when the required information is to be provided, including (in particular) —(i)
the form in which it is to be provided;
(ii)
the means by which it is to be provided; and
(iii)
the time or times at which, or by when, it is to be provided; and
(c)
that it is an offence under this Act to fail to comply with the requirement.
Limits to disclosure of information provided due to section 32 requirement
35.—(1) Subsection (2) applies to —(a)
the Director‑General, Food Security to whom any information is provided because of a requirement under section 32; and
(b)
a Singapore public sector agency or other person to whom the information is disclosed by or under the authority of the Director‑General, Food Security under this section.
(2) Information provided because of a requirement under section 32 must not be disclosed to a person who is not a Singapore public sector agency —(a)
except as required by an order of court, or for the purposes of any criminal proceedings for an offence under this Part or any Part 2 Rules; or
(b)
except in an anonymised form, for any other purposes.
(3) If —(a)
a person discloses, or the person’s conduct causes disclosure of, information provided because of a requirement under section 32;
(b)
the disclosure is not authorised by this section; and
(c)
the person does so —(i)
knowing that the disclosure is not authorised by this section; or
(ii)
reckless as to whether the disclosure is or is not authorised by this section,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) In proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, any of the following:(a)
the information was, at the time of its disclosure by the person charged, information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;
(b)
the person charged disclosed or caused the disclosure of information as authorised or required by an order of court.
(5) In subsection (2), “anonymised form”, for any information or particulars, means any form that will not identify, and is not reasonably capable of being used to identify, any person to whom the information or particulars relate.
(6) To avoid doubt, this section does not affect the authorisation to share any information under the control of a Singapore public sector agency with another Singapore public sector agency to the extent permitted by any data sharing direction given under the Public Sector (Governance) Act 2018.
Compliance and non-compliance with section 32
36.—(1) Where —(a)
any information which is required by a section 32 requirement to be given to the Director‑General, Food Security is not given or is not given within the time delimited in the requirement; or
(b)
information which is required by a section 32 requirement to be given to the Director‑General, Food Security is given to the Director‑General, Food Security, but the information does not comply with the requirements of section 34(b) as regards the form of the information,
then the person required to give the information shall be guilty of an offence.
(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) Subsection (1) does not apply if the person required to give the information has a reasonable excuse.
(4) The ordinary meaning of “reasonable excuse” is affected by section 258.
Division 4 — General provisions
Interest in case of civil penalty default
37. If any MSR charge is not paid before the end of the time delimited by or under section 29(2) or 30(2), the entity concerned is liable to pay to the Director‑General, Food Security interest, at the rate prescribed in the Part 2 Rules, on the amount of MSR charge unpaid, calculated on a daily basis from the end of the time so delimited until the day the MSR charge is paid.
Recovery of civil penalty
38.—(1) Any MSR charge is deemed, when it becomes due and payable at the expiry of the time so delimited by or under section 29(2) or 30(2), to be a debt due to the Government from the person from whom the MSR charge is due and payable, and must be collected and received by the Director‑General, Food Security in accordance with this Act.
(2) Any MSR charge, and all interest imposed under section 37, that is unpaid may be recovered as a debt in any court of competent jurisdiction in the name of the Agency.
(3) Any action or remedy for recovery of any MSR charge and any interest under section 37 may be taken at any time, despite any written law to the contrary.
(4) All MSR charges collected or recovered under this Part, and all interest imposed under section 37, must be paid into the Consolidated Fund.
Remission
39.—(1) Where it is shown to the satisfaction of the Minister —(a)
that payment of any MSR charge payable is likely to cause substantial hardship to an entity; or
(b)
that payment of any MSR charge payable by a particular entity is not compatible with the purposes of this Part having regard to the peculiar facts of the case,
the Minister may remit the payment of the MSR charge, either in whole or in part.
(2) This section also applies to any interest imposed under section 37.
Part 2 Rules
40.—(1) The Minister may make rules which are required or permitted to be prescribed by this Part or are necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) In particular, the Minister may make rules —(a)
prescribing for the purposes of section 23(1)(b), the period and quantity for undertaking an MSR activity in relation to an MSR product;
(b)
providing for procedures that an entity subject to a minimum stockholding requirement in relation to an MSR product must comply with in order to ensure the safety or efficacy of the MSR product when held, including (in particular) requirements to ensure suitability for consumption as food, requirements as to the manner of storage, and the maximum length of holding of the MSR product before supplying it in Singapore;
(c)
prescribing requirements to ensure that the location where an MSR product is held by an entity subject to a minimum stockholding requirement in relation to the MSR product, is secure from loss, theft, sabotage or unauthorised access;
(d)
prescribing the procedure to be followed in connection with making determinations under section 27;
(e)
providing that any contravention of any provision of the rules is an offence and that the penalty on conviction may be a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and
(f)
providing for any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for rules made under this section.
(3) Part 2 Rules may prescribe for the purposes of section 23(1)(b) different periods or different quantities —(a)
in respect of different MSR products;
(b)
on the basis of different MSR activities undertaken in relation to the same MSR product; or
(c)
on the basis of 2 or more entities undertaking similar MSR activities in relation to the same MSR product, being —(i)
corporations that are related to each other under section 6 of the Companies Act 1967; or
(ii)
entities that are not so related to each other.
Saving and transitional provisions for food security
41.—(1) The Director‑General, Food Security may give a trigger notice to any person who immediately, before the commencement of this Part, holds a licence granted by the Price Controller or a Deputy Price Controller or an Assistant Price Controller under the Price Control Act 1950 —(a)
that authorises the person to import, carry on any wholesale dealing, or export, a controlled article which is food; and
(b)
that is in force immediately before that commencement.
(2) However, where a trigger notice is given in the circumstances in subsection (1) —(a)
the trigger notice starts to be in force on the date specified in the trigger notice as the day the trigger notice comes into force, which need not be at least 6 months after the day the trigger notice is given; and
(b)
a person to whom the trigger notice is given has no right of appeal under Part 12.
(3) For a period of 2 years after the commencement of this Part, the Minister may, by regulations in the Gazette, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of this Part as the Minister may consider necessary or expedient.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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