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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
