Division 1 — Application and interpretive provisions
Definitions for Part 3
42.—(1) In this Part —“agri‑food production input” excludes the following even if essential in undertaking any primary production activity:(a)
any animal reproductive material from a food producing animal;
(b)
any young of a food producing animal;
(c)
any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;
(d)
any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals;
“applicable standard” —(a)
in relation to a particular food, at a particular time, means the standard or labelling requirement in force in relation to the food at that time that relates to —(i)
the composition or nature of food (including food production substances and contaminants in it, the maximum amounts of food production substances and contaminants, or residues thereof, that may be present in the food, and its microbiological status and safety) and the method of sampling and testing the food to determine its composition or nature;
(ii)
food packaging;
(iii)
the handling of the food, including the method of handling; or
(iv)
the content of labels for food;
(b)
in relation to a particular regulated food contact article, at a particular time, means the standard in force in relation to that regulated food contact article at that time that relates to the construction of that regulated food contact article;
(c)
in relation to a particular animal feed, at a particular time, means the standard in force in any animal feed regulations in relation to that animal feed at that time that relates to —(i)
the composition of the animal feed and the method of sampling and testing the animal feed to determine its composition;
(ii)
the manufacture or production, storage, keeping or transporting of the animal feed; or
(iii)
the content of labels for packages of the animal feed; or
(d)
in relation to a particular agri‑food production input (except any animal feed or plant pesticide), or a particular matter affecting the agri‑food production input, at a particular time, means the standard or labelling requirement in force in relation to that agri‑food production input or matter at that time that relates to —(i)
the composition of the agri‑food production input and the method of sampling and testing the agri‑food production input to determine its composition;
(ii)
the manufacture or production, storage, keeping or transporting of the agri‑food production input; or
(iii)
the content of labels for packages of the agri‑food production input;
“application”, for a licence or consignment permit, means —(a)
an application for or to renew the licence; or
(b)
an application for the consignment permit;
“consignment”, in relation to any controlled item, means one or more controlled items of a particular kind (according to the Agency’s classification) that is —(a)
in one or more lots; and
(b)
is imported by, or exported or transhipped for —(i)
the same owner of those lots;
(ii)
at the same time; and
(iii)
on a single and the same conveyance;
“controlled item” means an import‑controlled item, an export‑controlled item or a transhipment‑controlled item;
“examinable matter” means a controlled item —(a)
of a kind that is prescribed under any inspection scheme regulations that if imported, exported or transhipped, must be —(i)
inspected, or inspected and analysed, under this Part; or
(ii)
covered by a recognised foreign government certificate;
(b)
of a kind that is the subject of a holding order;
(c)
that, despite the fact that it is not of a kind referred to in paragraph (a) or (b), is nevertheless required to be inspected, or inspected and analysed, under any inspection scheme regulations; or
(d)
that is other than a controlled item of a kind referred to in paragraph (a) or (b) or a controlled item in paragraph (c) and —(i)
that an authorised officer has reasonable grounds to believe may be failing; and
(ii)
in respect of which the authorised officer has notified that belief to an owner of that controlled item;
“export”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, out of Singapore the object or thing by any means to a place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;
“export‑controlled item” means any transhipment‑controlled item, any rice, or any other food or agri‑food production input that the Minister declares, by order in the Gazette, to be an export‑controlled item;
“failing”, for a controlled item, means any examinable matter that, as a result of an inspection, or inspection and analysis, under any inspection scheme regulations, is found to be one of the following:(a)
a food that —(i)
does not meet an applicable standard for that food;
(ii)
is unsuitable food, unsafe food or a defined food; or
(iii)
if imported, is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the food as one that, if imported, must be covered by a recognised foreign government certificate;
(b)
a regulated food contact article that does not meet an applicable standard for that regulated food contact article;
(c)
an animal feed that —(i)
does not meet an applicable standard for that animal feed; or
(ii)
is not fit for purpose;
(d)
an agri‑food production input that does not meet an applicable standard for that agri‑food production input;
(e)
a prohibited food, a prohibited food contact article or a prohibited animal feed;
“holding order” means an order made under section 73(1);
“identifying detail”, in relation to any consignment comprising an import‑controlled item, export-controlled item or a transhipment‑controlled item, means any of the following:(a)
the maximum mass or weight of the consignment or the controlled item;
(b)
the place outside Singapore from which the consignment or the import‑controlled item or transhipment‑controlled item originates, or to which the consignment or the export‑controlled item or transhipment‑controlled item is to be exported;
(c)
the composition, method of manufacture or production, grade or quality of the controlled item;
(d)
the import‑controlled item or transhipment‑controlled item having the approval of a specified foreign government of a particular foreign country or a foreign food authority of a specified foreign country as is required by any inspection scheme regulations;
(e)
the export‑controlled item or transhipment‑controlled item having the approval of the Agency, a foreign government or foreign food authority as is required by any inspection scheme regulations;
“import”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, into Singapore the object or thing by any means from any place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing;
“import‑controlled item” means any of the following:(a)
any of the following food:(i)
fresh fruits and vegetables;
(ii)
meat and meat products;
(iii)
fish and fish products;
(iv)
eggs and egg products;
(v)
any live animal or any plant that is food;
(vi)
any other food except a food additive as such;
(b)
any prepacked food additive preparation;
(c)
any regulated food contact article;
(d)
any animal feed;
(e)
any agri‑food production input that the Minister declares, by order in the Gazette, to be an import‑controlled item;
“inspection advice” means an advice issued under section 72;
“licence” means a licence that may be granted under this Part;
“licensed exporter” means a person who is the holder of a current licence under this Part to export in the course of business any export‑controlled item specified in the licence;
“licensed importer” means a person who is the holder of a current licence under this Part to import in the course of business any import‑controlled item specified in the licence;
“lot” means a quantity of an object or a substance or thing that —(a)
is —(i)
uniform in composition and method of manufacture; and
(ii)
made in one cycle of manufacture or, in the case of a controlled item that is sterilised, pasteurised or freeze‑dried, sterilised, pasteurised or freeze‑dried, in one cycle; or
(b)
is of a particular kind made or packed in a distinct manner;
“prepacked food additive preparation” means any food additive, or any mix consisting mainly of any food additive, that —(a)
is in a packaging of not more than 2 kilograms each; or
(b)
is imported for retail sale;
“procurement plan”, for any import‑controlled item, means a plan —(a)
identifying the risks (including assessments thereof) to food security in Singapore from any disruption occurring to the import of the import‑controlled item from the foreign markets from which they are to be procured, including (but not limited to) financial risks, non‑financial trading risks, climatic risks, and risks of or from disease or pollution; and
(b)
stating any plan of action (including preventive strategies) for the purpose of managing those risks and —(i)
ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the import‑controlled item of acceptable quality; or
(ii)
otherwise preventing or mitigating the impact of disruptive events on the supply of the import‑controlled item on food security in Singapore;
“prohibited animal feed” means an animal feed, or a brand of animal feed, the import of which is prohibited by the Minister under section 69(3);
“prohibited food” means —(a)
a food, or a brand of food, the import of which is prohibited by the Minister under section 69(1);
(b)
a food, or a brand of food, the import of which is prohibited by any Part 9 Regulations;
(c)
any food the import of which is prohibited under any written law other than this Act or any subsidiary legislation made under this Act;
(d)
any defined food which is, consists of or has as an ingredient, in any form an insect‑like species which is not within any class of catalogued insect‑like species; or
(e)
any other defined food;
“prohibited food contact article” means a regulated food contact article the import of which is prohibited by the Minister under section 69(2);
“recognised foreign government certificate” means a certificate covered by a determination in force under section 75(1);
“trading activity” means any of the following activities:(a)
importing any import‑controlled item;
(b)
exporting any export‑controlled item;
(c)
transhipping any transhipment‑controlled item;
“tranship” means bringing any goods into Singapore by land, sea or air from any place which is outside Singapore and then removing those goods from the conveyance in which they were brought into Singapore and —(a)
returning those goods to that same conveyance; or
(b)
transferring those goods to another conveyance for the purpose of them being taken out of Singapore,
whether those goods are to be transferred directly between conveyances or whether they are to be landed in Singapore after they were brought into Singapore and stored, pending their being taken out of Singapore;
“transhipment‑controlled item” means any of the following:(a)
any meat or meat product;
(b)
any fish or fish product;
(c)
any egg;
(d)
any other food or any agri‑food production input that the Minister declares, by order in the Gazette, to be a transhipment-controlled item.
(2) In this Part, the integrity of a controlled item or an examinable matter is ensured if the identity or composition of the controlled item or examinable matter, in relation to any condition, restriction or other description that applies in relation to the controlled item or examinable matter —(a)
is ascertainable;
(b)
is maintained without loss, addition or substitution; and
(c)
is not confused with that of any other controlled item, examinable matter or goods.
(3) For the purposes of the definition of “prepacked food additive preparation” in subsection (1), any food additive of a particular kind in a packaging of more than 2 kilograms each is presumed, unless the contrary is proved, to have been imported for retail sale if, on the particular occasion of its bringing into Singapore, the packaging is a container made wholly or principally of breakable and fragile material.
(4) To avoid doubt, for the purposes of this Part, a single controlled item may constitute a consignment of that controlled item.
Matter to which Part 3 applies
43.—(1) Subject to subsections (2) and (3), this Part applies only to the following:(a)
the export of any export‑controlled item;
(b)
the import of any import‑controlled item;
(c)
the transhipment of any transhipment‑controlled item.
(2) This Part does not apply to or in relation to —(a)
any food, or any prepacked food additive preparation, that is imported for private consumption;
(b)
any controlled item that is sea, air or railway stores on board a vessel, an aircraft or a train furnished under section 39(1) or 41(1) of the Customs Act 1960; and
(c)
any eggs that are imported —(i)
only for poultry breeding; or
(ii)
only for the breeding of egg‑laying birds for the purpose of collecting for human consumption eggs laid by such birds.
(3) Subject to section 86, this Part does not apply to or in relation to any of the following:(a)
any export of an export‑controlled item before the commencement of this Part;
(b)
any import of an import‑controlled item before the commencement of this Part;
(c)
any transhipment of a transhipment‑controlled item entering Singapore before the commencement of this Part.
Meaning of import for “private consumption”
44.—(1) Any food (other than a food additive as such) or any prepacked food additive preparation, of a particular kind or different kinds is taken to have been imported for private consumption if on the particular occasion of its bringing into Singapore —(a)
the food (other than a food additive as such), or the prepacked food additive preparation, has not been imported as a trade sample or for use in any food business;
(b)
the food (other than a food additive as such), or the prepacked food additive preparation, has not been imported for the purpose of donating it to other persons in Singapore;
(c)
all the following are satisfied:(i)
the food (other than a food additive as such), or the prepacked food additive preparation, has, or both the food (other than a food additive as such) and prepacked food additive preparation have, a total weight of not more than 15 kilograms (inclusive of any eggs), or another total volume or total weight that is prescribed at the time of that occasion under subsection (5);
(ii)
if any of the food is eggs — it is a clutch of not more than 30 eggs, or another number of eggs that is prescribed at the time of that occasion under subsection (5); and
(d)
the food (other than a food additive as such), or the prepacked food additive preparation, is imported by a single person who is an individual.
(2) Without limiting the generality of the expression, food of any kind is taken to have been imported as a trade sample if the food is imported —(a)
for the purposes of scientific or commercial evaluation; or
(b)
for the purpose of manufacturing other food for supply.
(3) However, subsection (1) does not extend to any food of higher regulatory concern.
(4) Each of the following food is a food of higher regulatory concern:(a)
any meat that is neither —(i)
pork, beef, lamb, mutton or venison; nor
(ii)
meat from a chicken, duck, turkey, goose, quail or domesticated pigeon;
(b)
any meat product wholly or partially derived from meat in paragraph (a);
(c)
any puffer fish, or any fish product wholly or partially derived from puffer fish;
(d)
any live fertilised or embryonated egg;
(e)
any animal blood or blood product, such as blood curd;
(f)
any raw or unpasteurised liquid milk;
(g)
any chewing gum;
(h)
any defined food;
(i)
any other food prescribed by the Minister by an order in the Gazette.
(5) The Minister may make an order in the Gazette —(a)
prescribing for the purpose of subsection (1)(c)(i), another total volume or total weight; or
(b)
prescribing for the purpose of subsection (1)(c)(ii), another number of eggs.
Division 2 — Import, export and transhipment offences
Importing prohibited food, etc.
45.—(1) A person commits an offence if —(a)
the person imports an object or a thing;
(b)
the object or thing is a prohibited food, a prohibited food contact article or a prohibited animal feed; and
(c)
the person knows, or ought reasonably to know, that the object or thing is a prohibited food, prohibited food contact article or prohibited animal feed, as the case may be.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $50,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $100,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).
Importing prohibited food, etc. — strict liability
46.—(1) A person commits an offence if —(a)
the person imports an object or a thing; and
(b)
the object or thing is a prohibited food, a prohibited food contact article or a prohibited animal feed.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $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.
Unlicensed import of import-controlled item
47.—(1) A person commits an offence if —(a)
the person imports an object or a thing;
(b)
the object or thing is an import‑controlled item to which this Part applies;
(c)
the person knows, or ought reasonably to know, that the object or thing is an import‑controlled item; and
(d)
the person is not one of the following:(i)
a holder of both a current licence to import and a current import consignment permit for that import‑controlled item;
(ii)
a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item;
(iii)
a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)
under subsection (1);
(ii)
under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;
(iii)
under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act, where the current offence involves fresh fruits and vegetables;
(iv)
under section 8(3) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a permit under that Act, where the current offence involves fresh fruits and vegetables;
(v)
under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act, where the current offence involves any meat or meat product or any fish or fish product; or
(vi)
under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(a) of that Act, where the current offence involves any meat or meat product or any fish or fish product.
(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv), (v) or (vi) may be before, on or after the commencement of this section.
Unlicensed import of import-controlled item — strict liability
48.—(1) A person commits an offence if —(a)
the person imports an object or a thing;
(b)
the object or thing is an import‑controlled item to which this Part applies; and
(c)
the person is not one of the following:(i)
a holder of both a current licence to import and a current import consignment permit for that import‑controlled item;
(ii)
a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item;
(iii)
a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Importing non-conforming consignment of import‑controlled item
49.—(1) A person holding a current import consignment permit commits an offence if —(a)
the person imports a consignment comprising any import‑controlled item to which this Part applies;
(b)
the consignment does not conform to any identifying detail of the consignment that is stated in the import consignment permit;
(c)
the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph (b); and
(d)
the import‑controlled item is not failing.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)
under subsection (1);
(ii)
under section 8(3) of the Control of Plants Act 1993 for contravening section 8(1)(b) of that Act, where the current offence involves fresh fruits and vegetables; or
(iii)
under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(b) of that Act, where the current offence involves any meat or meat product or any fish or fish product.
(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) or (iii) may be before, on or after the commencement of this section.
Importing non-conforming consignment of import‑controlled item — strict liability
50.—(1) A person holding a current import consignment permit commits an offence if —(a)
the person imports a consignment comprising any import‑controlled item to which this Part applies;
(b)
the consignment does not conform to any identifying detail of the consignment that is stated in the import consignment permit; and
(c)
the import‑controlled item is not failing.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Unlicensed export of export-controlled item
51.—(1) A person commits an offence if —(a)
the person exports an object or a thing;
(b)
the object or thing is an export‑controlled item to which this Part applies;
(c)
the person knows, or ought reasonably to know, that the object or thing is an export‑controlled item; and
(d)
the person is not one of the following:(i)
a holder of both a current licence to export and a current export consignment permit for that export‑controlled item;
(ii)
a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item;
(iii)
a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).
Unlicensed export of export‑controlled item — strict liability
52.—(1) A person commits an offence if —(a)
the person exports an object or a thing;
(b)
the object or thing is an export‑controlled item to which this Part applies; and
(c)
the person is not one of the following:(i)
a holder of both a current licence to export and a current export consignment permit for that export‑controlled item;
(ii)
a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item;
(iii)
a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Exporting non-conforming consignment of export‑controlled item
53.—(1) A person holding a current export consignment permit commits an offence if —(a)
the person exports a consignment comprising any export‑controlled item to which this Part applies;
(b)
the consignment does not conform to any identifying detail of the consignment that is stated in the export consignment permit;
(c)
the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph (b); and
(d)
the export‑controlled item is not failing.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).
Exporting non-conforming consignment of export‑controlled item — strict liability
54.—(1) A person holding a current export consignment permit commits an offence if —(a)
the person exports a consignment comprising any export‑controlled item to which this Part applies;
(b)
the consignment does not conform to any identifying detail of the consignment that is stated in the export consignment permit; and
(c)
the export‑controlled item is not failing.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Unlicensed transhipment of transhipment-controlled item
55.—(1) A person commits an offence if —(a)
the person tranships a consignment comprising any transhipment‑controlled item;
(b)
the person knows, or ought reasonably to know, that the consignment comprises the transhipment‑controlled item; and
(c)
the person is not one of the following:(i)
a licensed importer or licensed exporter who is granted a transhipment consignment permit covering the particular consignment;
(ii)
a person exempt from this section under section 320 or 321 in relation to the transhipment of that consignment.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).
Unlicensed transhipment of transhipment‑controlled item — strict liability
56.—(1) A person commits an offence if —(a)
the person tranships a consignment comprising any transhipment‑controlled item; and
(b)
the person is not one of the following:(i)
a licensed importer or licensed exporter who is granted a transhipment consignment permit covering the particular consignment;
(ii)
a person exempt from this section under section 320 or 321 in relation to the transhipment of that consignment.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Export or transhipment of controlled item without inspection advice
57.—(1) A person commits an offence if —(a)
the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing;
(b)
the object or thing is examinable matter;
(c)
an inspection advice has not been issued in respect of the object or thing;
(d)
the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;
(e)
the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and
(f)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).
(4) In this section and section 58, an object or a thing is entered for export or transhipment if, in the course of the preparation or production of the object or thing for export or transhipment, the object or thing is presented to, or information about the object or thing is given to —(a)
an officer of customs acting in the course of his or her duties; or
(b)
an authorised officer acting in the course of his or her duties,
for the purpose of the officer exercising a power or performing a function in relation to the object or thing under any written law regulating export or transhipment of goods.
Export or transhipment of controlled item without inspection advice — strict liability
58.—(1) A person commits an offence if —(a)
the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing;
(b)
the object or thing is examinable matter;
(c)
an inspection advice has not been issued in respect of the object or thing;
(d)
the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and
(e)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
Division 3 — Import-controlled items offences
Importing item not meeting applicable standard, etc.
59.—(1) A person commits an offence if —(a)
the person imports an import‑controlled item that is none of the following:(i)
a prohibited food;
(ii)
a prohibited food contact article;
(iii)
a prohibited animal feed;
(b)
the import-controlled item —(i)
does not meet an applicable standard; or
(ii)
is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate; and
(c)
the person knows, or ought reasonably to know, when importing that the import‑controlled item —(i)
does not meet an applicable standard; or
(ii)
is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) However, where at the trial of a person charged with an offence under subsection (1), it is proved that —(a)
any of the following circumstances applied with respect to the import‑controlled item when imported:(i)
the food was unsafe;
(ii)
the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and
(b)
the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item when imported,
the person who is convicted or found guilty of the offence shall be liable on conviction instead —
(c)
where the person is an individual —(i)
to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or
(d)
where the person is not an individual —(i)
to a fine not exceeding $50,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $100,000.
(4) In subsections (2) and (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).
Importing item not meeting applicable standard, etc. — strict liability
60.—(1) A person commits an offence if —(a)
the person imports any import‑controlled item that is none of the following:(i)
a prohibited food;
(ii)
a prohibited food contact article;
(iii)
a prohibited animal feed; and
(b)
the import‑controlled item —(i)
does not meet an applicable standard; or
(ii)
is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate.
(2) Strict liability applies to the offence in subsection (1).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $15,000.
(4) However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when imported:(a)
the food was unsafe;
(b)
the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe,
the person who is convicted or found guilty of the offence shall be liable on conviction instead —
(c)
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
(d)
where the person is not an individual — to a fine not exceeding $20,000.
Dealing with imported examinable matter without inspection advice
61.—(1) A person commits an offence if —(a)
the person —(i)
intentionally deals with an object or a thing in a particular manner; or
(ii)
has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;
(b)
the object or thing is examinable matter;
(c)
the person knows, or ought reasonably to know, that the object or thing was imported;
(d)
an inspection advice has not been issued in respect of the object or thing;
(e)
the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;
(f)
the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and
(g)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).
(4) Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content in labels for prepacked food.
Dealing with imported examinable matter without inspection advice — strict liability
62.—(1) A person commits an offence if —(a)
the person —(i)
intentionally deals with an object or a thing in a particular manner; or
(ii)
has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;
(b)
the object or thing is examinable matter;
(c)
the person knows, or ought reasonably to know, that the object or thing was imported;
(d)
an inspection advice has not been issued in respect of the object or thing;
(e)
the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and
(f)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) Strict liability applies to the offence in subsection (1) except subsection (1)(a) and (c).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(4) Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content on labels for prepacked food.
Dealing with failing imported food, etc., knowingly
63.—(1) A person commits an offence if —(a)
the person intentionally deals with an import‑controlled item in a particular manner;
(b)
the import‑controlled item is examinable matter;
(c)
the person knows, or ought reasonably to know, that the import‑controlled item was imported;
(d)
the person knows, or ought reasonably to know, that the import‑controlled item has been identified in an inspection advice as failing;
(e)
the person has not obtained the prior approval of an authorised officer to deal with the import‑controlled item in that manner;
(f)
the person is neither permitted nor required, in accordance with the inspection advice, to deal with the import‑controlled item in that manner; and
(g)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $50,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $100,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)
under subsection (1); or
(ii)
under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.
(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.
Possession for supply knowing that prohibited food, etc.
64.—(1) A person commits an offence if —(a)
the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;
(b)
the object or thing is imported and is a prohibited food, a prohibited food contact article or a prohibited animal feed; and
(c)
the person knows, or ought reasonably to know, that the object or thing —(i)
is imported; and
(ii)
is a prohibited food, a prohibited food contact article or a prohibited animal feed, as the case may be.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $50,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $100,000.
(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)
under subsection (1); or
(ii)
under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.
(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii) may be before, on or after the commencement of this section.
Possession for supply knowing, etc., applicable standard not met
65.—(1) A person commits an offence if —(a)
the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;
(b)
the object or thing is none of the following:(i)
a prohibited food;
(ii)
a prohibited food contact article;
(iii)
a prohibited animal feed;
(c)
the object or thing is an import‑controlled item that was imported;
(d)
the import‑controlled item —(i)
does not meet an applicable standard; or
(ii)
has been identified in an inspection advice as failing;
(e)
the person knows, or ought reasonably to know, that the import‑controlled item was imported;
(f)
the person knows, or ought reasonably to know, that the import‑controlled item —(i)
does not meet an applicable standard; or
(ii)
has been identified in an inspection advice as failing;
(g)
the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item in that manner; and
(h)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(3) However, where at the trial of a person charged with an offence under subsection (1), it is proved that —(a)
any of the following circumstances applied with respect to the import‑controlled item:(i)
the food was unsafe;
(ii)
the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and
(b)
the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph (a) applied with respect to the import‑controlled item,
the person who is convicted or found guilty of the offence shall be liable on conviction instead —
(c)
where the person is an individual —(i)
to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or
(d)
where the person is not an individual —(i)
to a fine not exceeding $50,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $100,000.
(4) In subsections (2) and (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 —(i)
under subsection (1); or
(ii)
under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product.
(5) For the purposes of subsection (4), the conviction or finding of guilt for an offence referred to in subsection (4)(b)(ii) may be before, on or after the commencement of this section.
Possession for supply where applicable standard not met — strict liability
66.—(1) A person commits an offence if —(a)
the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply;
(b)
the object or thing is none of the following:(i)
a prohibited food;
(ii)
a prohibited food contact article;
(iii)
a prohibited animal feed;
(c)
the object or thing is an import‑controlled item that was imported;
(d)
the person knows, or ought reasonably to know, that the import‑controlled item was imported;
(e)
the import‑controlled item —(i)
does not meet an applicable standard; or
(ii)
has been identified in an inspection advice as failing;
(f)
the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item in that manner; and
(g)
the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.
(2) Strict liability applies to the offence in subsection (1) except subsection (1)(a) and (d).
(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $15,000.
(4) However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when in the person’s possession:(a)
the food was unsafe;
(b)
the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe,
the person who is convicted or found guilty of the offence shall be liable on conviction instead —
(c)
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
(d)
where the person is not an individual — to a fine not exceeding $20,000.
Division 4 — Defence and presumption
Defence of due diligence
67.—(1) In a prosecution of a person for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)
the commission of the offence was due to —(i)
an act or omission of another person; or
(ii)
an accident or some other cause outside the control of the person charged; and
(b)
the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.
(2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —(a)
an employee or agent of the person charged; or
(b)
if the person charged is an entity, an officer of the entity.
(3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.
Presumption as to possession
68. For the purposes of sections 61, 62, 64, 65 and 66, where food is found in any premises that a person uses for —(a)
manufacturing food of the same kind;
(b)
preparing food of the same kind;
(c)
storing, packing or labelling food of the same kind;
(d)
transporting or delivering food of the same kind;
(e)
displaying food of the same kind; or
(f)
selling food, whether or not of the same kind,
then the following presumptions apply:
(g)
the food is presumed to be in the person’s possession for the purpose of supply until the contrary is proved;
(h)
the person is presumed, until the contrary is proved, to have known that the food is likely to be supplied or offered or displayed for supply.
Division 5 — Prohibitions, inspection schemes and holding orders
Prohibited food, prohibited animal feed, etc.
69.—(1) The Minister may, by order in the Gazette, prohibit the import of a food, or a brand of food, because the Minister is satisfied —(a)
that there is uncertainty or concern about the safety and suitability of the food, in light of information about —(i)
the nature of the food or the source from which it is derived;
(ii)
the hazards associated with the food;
(iii)
the measures applied during the manufacturing or handling of the food, or during its production if the food is primary produce;
(iv)
the likelihood of a particular contaminant being present in the food at a level determined as unacceptable in accordance with any applicable standard or any international standard, or any science‑based criteria; or
(v)
the likelihood that the food is unsafe or unsuitable; and
(b)
that categorising the food as prohibited food will assist in managing the risk that the food poses to human health in Singapore.
(2) The Minister may, by order in the Gazette, prohibit the import of a regulated food contact article because the Minister is satisfied that there are reasonable grounds to believe that it is particularly dangerous to use with food because of its construction.Example
A container that is made up of materials from which harmful chemicals are likely to migrate into the food at quantities which could endanger human health, whenever the container is used to hold hot and greasy food over short contact times, may be prescribed.
(3) The Minister may, by order in the Gazette, prohibit the import of an animal feed, or a brand of animal feed, because the Minister is satisfied —(a)
that there is uncertainty or concern about the fitness for purpose of the animal feed, or brand of animal feed, in light of information about —(i)
the nature of the animal feed or the source from which it is derived;
(ii)
the hazards associated with the animal feed;
(iii)
the measures applied during the manufacturing or handling of the animal feed, or during its cultivation if the animal feed is a live animal;
(iv)
the likelihood that the animal feed contains a proscribed substance for the animal feed or any residue of the proscribed substance; or
(v)
the potential adverse impact to primary production activity in Singapore as a result of food producing animals consuming such animal feed; and
(b)
that if it did enter or continue to enter Singapore on import, the animal feed may have a significant adverse impact on any primary production activity in Singapore.
Import prohibition of live food producing animals
70.—(1) Subject to subsection (2), the Agency may from time to time and in accordance with subsections (2), (3) and (4), make directives of general application banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore as may be necessary to alleviate or minimise any risk of the death of, or a serious physical harm to, any individual who might later consume in Singapore the animal, or any meat, meat product or fish product derived from such an animal.
(2) The Agency must not make any directive under subsection (1) with respect to any relevant live food producing animal, unless it is impracticable, in the circumstances of the particular case, for any order under section 7(1) of the Animals and Birds Act 1965 to be made or amended to effectively alleviate or minimise the risk concerned.
(3) Once a directive is made under subsection (1), the Agency must cause to be published a public notice of the directive —(a)
in the Gazette; or
(b)
in any manner that will secure adequate publicity for the directive,
specifying in the public notice the date the ban takes effect, except that where for reasons of national security it is impracticable to publish the directive according to paragraph (a) or (b), the Agency must notify any person or persons that it thinks appropriate or necessary in the circumstances.
(4) Every directive made under subsection (1) comes into force immediately upon its being published according to subsection (3)(a) or (b) or, where notified by service on any person under subsection (3), immediately upon giving the notice to that person and in respect of that person only.
(5) Any directive made under subsection (1) may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Agency only once for a further period not exceeding 30 days.
(6) The Agency may, at any time when any directive made under subsection (1) is in force, revoke the directive by publishing a notice of that revocation —(a)
in the Gazette; or
(b)
in any manner that will secure adequate publicity for the revoking of the directive.
(7) A directive made under subsection (1) prevails so far as the directive is in force even if inconsistent with any provision of —(a)
this Act;
(b)
the Animals and Birds Act 1965;
(c)
the Control of Plants Act 1993; or
(d)
the Wildlife Act 1965.
(8) Without limiting subsection (7), where a directive made under subsection (1) is made and in force —(a)
every of the following licences, permits or approvals cease to have effect to the extent that the licence, permit or approval is inconsistent with that directive:(i)
a licence granted under section 8 of the Animals and Birds Act 1965 to import or tranship any animal or bird;
(ii)
a permit issued under the Control of Plants Act 1993 to import any live insect‑like species or any mollusc that is not a fish;
(iii)
an approval granted under section 9 of the Wildlife Act 1965 to import any living wildlife; and
(b)
an application for any of those licences, permits or approvals mentioned in paragraph (a) must be refused where the licence, permit or approval, if granted or issued, will be inconsistent with that directive.
(9) In subsection (2), “relevant live food producing animal” means a live food producing animal that is neither —(a)
an insect‑like species; nor
(b)
a mollusc that is not a fish.
Regulations for inspection schemes
71.—(1) The Agency, with the approval of the Minister, may make regulations establishing one or more inspection schemes applicable to any controlled item to which this Part applies —(a)
identifying controlled items of particular kinds as controlled items of a kind that if imported, exported or transhipped must be inspected, or inspected and analysed, for the purposes of this Part;
(b)
identifying controlled items of particular kinds as controlled items that if imported, exported or transhipped must be covered by a recognised foreign government certificate for the purposes of this Part; or
(c)
classifying controlled items of particular kinds into particular categories.
(2) Without limiting subsection (1), inspection scheme regulations may —(a)
prescribe conditions in relation to the import, export or transhipment of controlled items to which this Part applies, or the import from or export to a specified country of controlled items to which this Part applies, that are required to be complied with in respect of matters or things related to the controlled items themselves;
(b)
specify circumstances in which a controlled item is taken to be failing;
(c)
specify circumstances in which a controlled item is to be taken to be failing because of its relationship to another controlled item that is found to be failing;
(d)
set out the circumstances and manner in which a controlled item, other than a controlled item that is the subject of a holding order, is to be held pending the outcome of an inspection, or inspection and analysis; and
(e)
require the keeping and retention of records for a period prescribed in the regulations, where the records are relevant to a matter that is relevant to monitoring or evaluating, compliance with the requirements of this Part.
Inspection advice
72.—(1) After a controlled item that is required under this Part to be inspected, or inspected and analysed, upon import or before export, has been so inspected, or inspected and analysed, an authorised officer or a food inspector must issue a written advice (called in this Act an inspection advice) —(a)
to the owner of the controlled item; and
(b)
if the controlled item is under customs control — to the person having possession of the controlled item at the time,
stating —
(c)
whether the whole or a part of the controlled item dealt with in the advice is identified as failing, and in respect of a controlled item that is so identified, how the controlled item is to be dealt with; or
(d)
whether the consignment comprising the controlled item dealt with in the advice is identified as not conforming to any identifying detail of the consignment that is stated in the consignment permit, and in respect of a consignment that is so identified, how the consignment is to be dealt with.
(2) Without limiting subsection (1), an inspection advice issued under this section may indicate that a controlled item identified as failing —(a)
must be destroyed in accordance with the requirements under section 74(3) or (4);
(b)
must either be destroyed or re‑exported from Singapore in accordance with the requirements under that section; or
(c)
must, if not treated by the owner in accordance with the requirements under section 74(2) —(i)
be destroyed; or
(ii)
be destroyed or re-exported from Singapore,
in accordance with the requirements of section 74.
(3) Despite subsections (1) and (2), the owner of a controlled item identified in an inspection advice as failing may, in the circumstances specified in the inspection scheme regulations, apply, in writing, to an authorised officer or a food inspector for the issue of a further inspection advice in respect of a part of that controlled item.
(4) Neither —(a)
the fact that a controlled item identified as failing under an inspection advice may be the subject of an application under subsection (3) for a further inspection advice; nor
(b)
the making of an application under subsection (3) for a further inspection advice in respect of the controlled item,
causes the controlled item to cease to be failing on the basis of the original inspection advice but, if the original inspection advice indicates that the controlled item must be treated, destroyed or re‑exported, the controlled item is not required to be so treated, destroyed or re‑exported unless —
(c)
the circumstances permitting the application for the further inspection advice cease to exist; or
(d)
an application is made under subsection (3) and rejected.
(5) If the owner of a controlled item identified in an inspection advice as failing, makes an application under subsection (3) for the issue of a further inspection advice in respect of a part of the controlled item, the owner must, if the controlled item to which the application relates is under customs control, inform the person having possession of the controlled item that the owner had made that application.
(6) If an application is made under subsection (3), an authorised officer or a food inspector must —(a)
if he or she is not satisfied that the application is made in accordance with the requirements of the inspection scheme regulations, reject the application and give notice to the applicant of that rejection and of the reasons for the rejection; and
(b)
in any other case, consider the application and issue to the applicant a further inspection advice in respect of the controlled item the subject of the application.
(7) If a further inspection advice is issued in respect of the controlled item the subject of an application, this Act has effect as if —(a)
that further inspection advice were substituted for the initial inspection advice issued in respect of that controlled item under subsection (1); and
(b)
subsection (3) were not included.
Holding orders
73.—(1) If —(a)
an inspection, or inspection and analysis, of examinable matter of a particular kind indicates the examinable matter, or a part of the examinable matter, to be failing;
(b)
an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that an examinable matter of a particular kind would, on inspection, or on inspection and analysis, be so identified as failing;
(c)
it is unclear to an authorised officer or a food inspector that an examinable matter of a particular kind is not failing and there are discrepancies, either —(i)
in the documents accompanying a consignment comprising the examinable matter itself; or
(ii)
between the documents accompanying a consignment comprising the examinable matter and the examinable matter,
that suggest that it may be unwise for the authorised officer or food inspector to rely on the documents; or
(d)
an authorised officer or a food inspector has reasonable grounds to believe that the integrity of the examinable matter covered by an import consignment permit, an export consignment permit or a transhipment consignment permit (as the case may be) cannot be ensured,
the authorised officer or food inspector may, by writing, make a holding order —
(e)
stating that, until the revocation of the holding order, the following must be held in a place to be approved in writing by the same or another authorised officer or food inspector, until an inspection, or an inspection and analysis, required under the inspection scheme regulations has been completed:(i)
that consignment comprising the examinable matter;
(ii)
any controlled item of that same kind as the examinable matter that is imported into Singapore after the making of the holding order;
(iii)
if the authorised officer or food inspector states that the holding order is being made in connection with the end of another order under subsection (3) — any controlled item of that same kind that is being held immediately before the end of the other order; and
(f)
specifying the circumstances in which the holding order will be revoked.
(2) If the authorised officer or food inspector is satisfied, in respect of a holding order made under subsection (1), that the circumstances specified for its revocation have occurred, the authorised officer or food inspector must, by writing, immediately revoke the holding order.
(3) If —(a)
an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that a controlled item may, on inspection, or on inspection and analysis, be so identified as failing; and
(b)
the authorised officer or food inspector is satisfied that the risk is serious,
the authorised officer or food inspector may, by writing, make a holding order —
(c)
stating that, until the holding order ends, a controlled item of the same kind that is or is to be imported into Singapore or that is to be exported or transhipped (as the case may be) after the making of the holding order must be held in a place approved in writing by an authorised officer or a food inspector;
(d)
stating that the holding order ends at the earlier of the following times:(i)
at the end of the period of 28 days beginning on the day the holding order is made or, if that period is extended, the end of the extended period;
(ii)
the time when the holding order is revoked; and
(e)
specifying the circumstances in which the holding order will be revoked.
(4) The Agency may, by writing, extend the 28‑day period mentioned in subsection (3)(d)(i) by a further period of up to 28 days, and the Agency may make more than one extension.
(5) Subsection (1) or (3) does not prevent an authorised officer or a food inspector from giving a person an approval to deal with a controlled item of a kind covered by a holding order under that subsection while the holding order is in force.
Treatment, destruction or re-export of failing food, etc.
74.—(1) This section applies to a controlled item that —(a)
has been identified in an inspection advice as failing; and
(b)
is required, under that advice, to be treated, destroyed or re‑exported from Singapore.
(2) If an inspection advice, given in respect of a controlled item to which this section applies, permits the treatment of the controlled item so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item —(a)
require the owner to treat the controlled item in a specified manner or in a manner to be agreed between the owner and the authorised officer or food inspector (as the case may be) so as to enable it to be brought into compliance with this Act or to be so used for a purpose other than human consumption; or
(b)
if the owner is unable or unwilling to so treat the controlled item, require either —(i)
the destruction of the controlled item in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or
(ii)
the re‑export of the controlled item.
(3) If an inspection advice requires the destruction of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector.
(4) If an inspection advice requires the destruction or re‑export of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require either —(a)
its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or
(b)
its re‑export.
(5) A permission to treat or a requirement to destroy or re‑export a controlled item in a written notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the controlled item has been identified as failing and to any difficulties associated with arranging for its treatment, destruction or re‑export) within which that treatment, destruction or re-export is to be completed.
(6) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be treated, destroyed or re‑exported arranges for a treatment, destruction or re‑export in accordance with the written notice, that treatment, destruction or re‑export may be supervised by an authorised officer or a food inspector.
(7) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported refuses or fails to arrange for the destruction or re‑export of the controlled item in accordance with the written notice, the Agency may —(a)
carry out or cause to be carried out the destruction or re‑export required in that written notice; and
(b)
recover all expenses reasonably incurred by the Agency in the exercise of the powers under this subsection from the person in default.
(8) Without limiting the right of the Agency to exercise any power under subsection (7), the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported commits an offence if the owner intentionally refuses or fails to comply with the requirement to destroy or re‑export that controlled item.
(9) A person who is guilty of an offence under subsection (8) 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.
(10) Subsection (8) does not apply if the person has a reasonable excuse.
(11) In this section —“owner”, in relation to a controlled item that is permitted to be treated or required to be destroyed or re‑exported, means a person having a beneficial interest in the controlled item other than a person who has such an interest only because he or she has been given a mortgage or charge, or has a lien, over the goods;
“repeat offender”, in relation to an offence under this section, 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 this section.
Recognised foreign government certificates, etc.
75.—(1) The Agency may determine, in writing, that a report, certificate or other document —(a)
issued by or under the authority of —(i)
a specified foreign government of a particular foreign country; or
(ii)
a foreign food authority of a specified foreign country; and
(b)
stating that food of a specified kind meets an applicable standard or a requirement of this Act,
is a recognised foreign government certificate.
(2) The Agency may make a determination under subsection (1) in relation to a particular foreign country if the Agency is satisfied —(a)
that there is in force an agreement between Singapore and that foreign country; or
(b)
based on an assessment of the food safety systems of Singapore and that foreign country, that —(i)
Singapore and the foreign country have equivalent food safety systems; or
(ii)
the foreign country has schemes for periodic inspection and evaluation, or does conduct equivalent monitoring, of the food or primary production activities in the foreign country.
(3) The Agency may revoke a determination under subsection (1) if the Agency has reason to doubt the continued reliability of a statement made in any certificate to which the determination relates.
Types of licences and permits
76.—(1) A licence may be granted by the Agency under this Part authorising, for a period, the holder of the licence —(a)
to import in the course of business an import‑controlled item stated in the licence; or
(b)
to export in the course of business an export‑controlled item stated in the licence.
(2) An import consignment permit may be granted by the Agency under this Part for a consignment comprising import‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit.
(3) An export consignment permit may be granted by the Agency under this Part for a consignment comprising export‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit.
(4) A transhipment consignment permit may be granted by the Agency under this Part for a consignment comprising transhipment‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit.
(5) A consignment permit may cover only one consignment comprising a controlled item of one particular kind (according to the Agency’s classification).
Application of Division 4 of Part 14 (general licensing procedures)
77. Division 4 of Part 14 applies to every application for a licence or consignment permit, and to every licence or consignment permit granted under this Part, subject to the modifications in this Part.
Criteria for grant, etc., of licence
78.—(1) This section applies where the Agency is deciding any of the following:(a)
whether an applicant should be granted a licence;
(b)
the conditions to impose on a licence;
(c)
whether to modify any condition of a licence.
(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)
whether the applicant or licensee, or an associate of the applicant or licensee, is or was disqualified by section 298 from holding the same licence or another licence;
(b)
whether regulatory action under section 83 has been or is being taken or is contemplated against the applicant or licensee;
(c)
any available information as to whether or not the applicant or licensee has been convicted or found guilty of any relevant offence within the meaning of section 83(3) (whether or not the offence was committed before, on or after the commencement of this section);
(d)
the applicant’s or licensee’s compliance history with any of the following so far as that relates to the trading activity to be authorised or authorised by the licence:(i)
the provisions of this Act or of a code of practice applicable to the applicant or licensee (as the case may be) with respect to that trading activity;
(ii)
the conditions of any similar licence granted to the applicant or licensee;
(iii)
the requirements of a holding order under section 73;
(iv)
a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;
(e)
whether there are other grounds for considering that the applicant or licensee is likely in the future to fail to comply with any provision of this Act in connection with the trading activity to be authorised or authorised by the licence;
(f)
the applicant’s or licensee’s compliance history with Part 2, where applicable;
(g)
whether and how the applicant or licensee prepares to deal with the occurrence of a disruptive event affecting the supply in Singapore of the import‑controlled item covered or to be covered by the licence, including (and not limited to) having a procurement plan for that import‑controlled item;
(h)
whether it is otherwise not in the public interest of Singapore for the applicant to be granted a licence.
(3) Subsection (2) applies to an applicant or a licensee which is an entity with the following modifications:(a)
paragraph (a) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity;
(b)
paragraphs (b), (c) and (d) of that subsection must be read as if they refer to the entity and its officers.
(4) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.
(5) The Agency may require an applicant for a licence to amend and re‑submit a procurement plan, for the purpose of assessing the application by the applicant.
(6) In granting a person a licence to import in the course of business an import‑controlled item stated in the licence, the Agency accepts the person’s procurement plan submitted under subsection (2)(g).
Criteria for grant, etc., of consignment permit
79.—(1) This section applies where the Agency is deciding any of the following:(a)
whether an applicant should be granted a consignment permit;
(b)
the conditions to impose on a consignment permit;
(c)
whether to modify any condition of a consignment permit.
(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)
in the case of an import consignment permit, whether the import‑controlled item to be imported is a kind of food that is identified under any inspection scheme regulations as one that, if imported, must be covered by a recognised foreign government certificate;
(b)
whether any regulatory action under section 83 or 84 has been or is being taken or is contemplated against the applicant;
(c)
whether there has been a serious failure or repeated failures by the applicant to comply with —(i)
the conditions of any previous consignment permit granted to the applicant; or
(ii)
a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;
(d)
whether it is otherwise not in the public interest of Singapore for the permit to be granted in respect of the consignment which is the subject of the application.
(3) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.
(4) If the owner of a controlled item that is required in a written notice under section 74(2), (3) or (4) to be treated, destroyed or re‑exported fails to comply with the requirement to treat, destroy or re‑export the controlled item, the Agency may refuse to grant a consignment permit in respect of any other controlled item imported or to be imported into Singapore by or on behalf of that owner.
Conditions of licence or consignment permit
80. Without limiting section 294, in granting a licence or consignment permit to any person, the Agency may impose conditions —(a)
restricting the import of any import‑controlled item from any foreign country;
(b)
restricting —(i)
the export of any export‑controlled item to any foreign country; or
(ii)
the transhipment of any transhipment‑controlled item, to any foreign country, or from any foreign country;
(c)
requiring the licensee to prepare to deal, and to deal, with any disruptive event affecting the supply in Singapore of the import‑controlled item covered by the licence in accordance with a procurement plan with which the Agency accepts; or
(d)
requiring the furnishing of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the Agency may determine —(i)
to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence or any consignment permit granted to that licensed importer or licensed exporter;
(ii)
to meet any financial penalty arising out of any regulatory action under section 83 or 84 against the licensed importer or licensed exporter; or
(iii)
for both sub‑paragraphs (i) and (ii).
Validity of licence and consignment permit
81.—(1) Every licence granted under this Part is in force for the period (not exceeding 5 years) specified in the licence —(a)
except when it is wholly suspended under section 83(2); and
(b)
unless it is earlier revoked under section 83(1).
(2) Every consignment permit granted under this Part is in force for the period stated in the permit unless —(a)
it is earlier cancelled under section 84; or
(b)
the consignment covered by the permit has been imported, exported or transhipped, as the case may be.
Modifying conditions of licence
82. Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of a licence without compensating the licensed importer or licensed exporter concerned.
Regulatory action concerning licence
83.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)
a licensed importer or licensed exporter is contravening or not complying with, or has contravened or failed to comply with —(i)
any of the conditions of its licence;
(ii)
any provision of this Act applicable to the licensed importer or licensed exporter so far as that relates to trading activity, the contravention of or non‑compliance with which is not an offence under this Act;
(iii)
any provision of a code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;
(iv)
any direction given to the licensee under subsection (2)(e) or (f); or
(v)
any requirement in section 88 applicable to the licensee;
(b)
the licensed importer or licensed exporter has ceased to undertake the trading activity authorised by its licence;
(c)
the licensed importer or licensed exporter, or any officer of the licensed importer or licensed exporter, is convicted of a relevant offence committed during the term of the licence or an immediately prior licence;
(d)
there is or has been a serious failure of the operations of the licensed importer or licensed exporter, or there are or have been other matters, that cast doubt on the safety of the food imported, exported or transhipped by the licensed importer or licensed exporter;
(e)
the licence had been obtained by the licensee by fraud or misrepresentation; or
(f)
the public interest of Singapore requires,
the Agency may revoke (without any compensation) the licence of the licensed importer or licensed exporter, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensed importer or licensed exporter (as the case may be) under this Act.
(2) However, the Agency may, in lieu of revoking under subsection (1) the licence of a licensed importer or licensed exporter, do (without any compensation) one or more of the following:(a)
censure the licensed importer or licensed exporter in writing;
(b)
direct the licensed importer or licensed exporter to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action;
(c)
suspend (in whole or in part) the licence for not more than 6 months;
(d)
modify any condition of the licence;
(e)
direct the licensed importer or licensed exporter to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)(a) or for each other ground of regulatory action;
(f)
direct the furnishing by the licensed importer or licensed exporter of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following:(i)
to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence;
(ii)
to secure compliance by the licensed importer or licensed exporter with any code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence;
(iii)
for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensed importer or licensed exporter.
(3) In subsection (1)(c), “relevant offence” means —(a)
an offence under section 45, 47, 51, 55, 57, 61 or 63, or under section 59 or 65 (involving unsafe food only) or under section 256 (involving a foreign government certificate only);
(b)
an offence under section 139 in relation to any food or food contact article imported by the licensee concerned;
(c)
an offence under section 257 in relation to any trading activity of the licensed importer or licensed exporter;
(d)
an offence under —(i)
section 28 or 28A of the Regulation of Imports and Exports Act 1995 in relation to any import‑controlled item, export‑controlled item or transhipment‑controlled item imported, exported or transhipped by the licensee concerned; or
(ii)
the Regulation of Imports and Exports (Chewing Gum) Regulations (R 4); or
(e)
an offence —(i)
under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;
(ii)
under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act;
(iii)
under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act; or
(iv)
under any other repealed law which corresponds to an offence mentioned in paragraph (a).
(4) Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).
Cancelling consignment permit
84. Subject to Division 4 of Part 14, the Agency may cancel (without any compensation) an import consignment permit, an export consignment permit or a transhipment consignment permit granted to a licensed importer or licensed exporter if —(a)
in the case of an import consignment permit, the Agency is of the opinion that —(i)
the food to be imported under that permit is or may be unsafe or unsuitable or is or may be defined food;
(ii)
the type of regulated food contact article to be imported under that permit has or may have contaminated any food or caused or may have caused food to no longer be safe; or
(iii)
the animal feed to be imported under that permit is or may be not fit for purpose;
(b)
the Agency reasonably believes that the integrity of the controlled items covered by the import consignment permit, export consignment permit or transhipment consignment permit (as the case may be) cannot be ensured;
(c)
the Agency reasonably believes that the licensed importer or licensed exporter made a false, misleading or incomplete statement in an application for the consignment permit in question;
(d)
the licensed importer or licensed exporter is or is about to be the subject of regulatory action under section 83; or
(e)
the public interest of Singapore requires.
Post-revocation, etc., of licence or permit
85.—(1) This section applies where —(a)
the licence of a licensed importer or licensed exporter is revoked or wholly suspended under section 83; or
(b)
a consignment permit granted to a licensed importer or licensed exporter for a consignment is cancelled under section 84.
(2) The Agency may, in any of the circumstances described in subsection (1), direct as follows:(a)
direct that any controlled item imported, or handled under any of the operations of the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) affected by the revocation, suspension or cancellation (as the case may be) must not be sold;
(b)
direct the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) to take appropriate action to deal with the controlled item affected by the revocation, suspension or cancellation, as the case may be.
(3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction, and shall be liable on conviction —(a)
where the person is an individual —(i)
to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or
(ii)
where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
where the person is not an individual —(i)
to a fine not exceeding $30,000; or
(ii)
where the person is a repeat offender — to a fine not exceeding $60,000.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
(5) In subsection (3), “repeat offender”, in relation to an offence under subsection (3), means a person who —(a)
is convicted, or found guilty, of such an offence (called the current offence); and
(b)
has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under that subsection.
Division 7 — Traceability obligation for importers
Application of this Division
86.—(1) This Division applies only to a licensed importer who imports any of the following import‑controlled items:(a)
any of the following food:(i)
meat and meat products;
(ii)
fish and fish products;
(iii)
fresh fruits and vegetables;
(iv)
eggs;
(v)
any other food except a food additive as such;
(b)
any prepacked food additive preparation;
(c)
any regulated food contact article;
(d)
any animal feed.
(2) This Division applies only in respect of the import made on or after the commencement of this Division of an import‑controlled item mentioned in subsection (1).
Information licensed importer must keep or have ready access to
87.—(1) If an import‑controlled item to which this Division applies is imported, the licensed importer concerned must keep, or have ready access to, the information described in subsection (2) for no shorter than the period prescribed for that import‑controlled item.
(2) The information is —(a)
the prescribed identity particulars and prescribed contact details of the supplier of the import‑controlled item;
(b)
the prescribed identity particulars and prescribed contact details of —(i)
the manufacturer or primary producer of the import‑controlled item which is food (other than a food additive as such) or any prepacked food additive preparation; or
(ii)
the manufacturer of the import‑controlled item which is a regulated food contact article or an animal feed;
(c)
a description of the identity of the import‑controlled item by commodity, brand (if any) and lot (if any); and
(d)
any other information that is prescribed.
(3) A licensed importer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(4) Strict liability applies to the offence in subsection (3).
(5) In this section, “prescribed” means prescribed by any regulations made under Part 15.
Identification, location and tracing of import‑controlled items
88.—(1) A licensed importer must have procedures for —(a)
identifying and locating imported import‑controlled items to which this Division applies; and
(b)
tracing imported import‑controlled items to which this Division applies so that the imported import‑controlled item can be traced —(i)
from the supplier of the import‑controlled item to the licensed importer;
(ii)
while it is under the licensed importer’s control; and
(iii)
from the licensed importer to the next person to whom responsibility for the import‑controlled item has passed (other than the ultimate consumer).
(2) A licensed importer must ensure that imported import‑controlled items are identified, located and traced in accordance with those procedures.
(3) The information required under subsection (1) must be accurate.
(4) The information required under subsection (1) must also be sufficient to allow an effective recall to be carried out under Part 7.
(5) A licensed importer must —(a)
have procedures for recalling —(i)
food (other than a food additive as such) or any prepacked food additive preparation supplied in Singapore that the importer considers to be unsafe or unsuitable or whose safety or suitability is in doubt;
(ii)
regulated food contact articles supplied in Singapore that the importer considers to be or might be dangerous to use with food; or
(iii)
animal feed supplied in Singapore that the importer considers to be not fit for purpose or whose fitness for purpose is in doubt;
(b)
conduct simulations or other tests of those procedures if required by the Agency; and
(c)
recall, in accordance with those procedures —(i)
food (other than a food additive as such) or any prepacked food additive preparation supplied in Singapore that the importer considers to be unsafe or unsuitable or whose safety or suitability is in doubt;
(ii)
regulated food contact articles supplied in Singapore that the importer considers to be or might be dangerous to use with food; or
(iii)
animal feed supplied in Singapore that the importer considers to be not fit for purpose or whose fitness for purpose is in doubt.
(6) If the licensed importer decides to recall any imported import‑controlled item to which this Division applies on the ground that —(a)
the food (other than a food additive as such) or any prepacked food additive preparation is or might be unsafe or unsuitable;
(b)
the regulated food contact article is or might be dangerous to use with food; or
(c)
the animal feed is or might be not fit for purpose,
the importer must notify the Agency of the following as soon as practicable, but no later than 24 hours after making the decision:
(d)
the import‑controlled item affected by the recall;
(e)
the reason for the recall.
Providing information — importer
89.—(1) When requested to do so by an authorised officer or a food inspector, a licensed importer is bound to state truly what the licensed importer is requested, and must give information about the matters in section 87(1) —(a)
in a readily accessible format; and
(b)
within 24 hours after the request, or within any reasonable shorter period specified by the authorised officer or food inspector, as the case may be.
(2) Where any information which is required by subsection (1) to be given to an authorised officer or a food inspector is not given or is not given within the time delimited under subsection (1)(b), then the licensed importer requested to give the information shall be guilty of an offence and shall be liable on conviction —(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(3) Subsection (2) does not apply if the person required to give the information has a reasonable excuse.
(4) The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
