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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.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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