Application of Division 4 of Part 14 (general licensing procedures)
91.—(1) Division 4 of Part 14 applies to every application for a food business licence to use any premises to carry on a licensable food business, and to every food business licence granted under this Part, subject to the modifications in this Part.
(2) In addition, every application for a food business licence to use any premises to carry on a licensable food business must (if required by regulations made under Part 15) be accompanied by —(a)
a farm management plan, if the food business involves any primary production activity; or
(b)
a food control plan, if the licensable food business is not a food business in paragraph (a) but is prescribed in a food safety scheme as requiring a food control plan.
(3) The Agency may require an applicant for a food business licence to amend and re‑submit a farm management plan or a food control plan, for the purpose of assessing the application by the applicant.
Criteria for grant of food business licence
92.—(1) This section applies where the Agency is deciding any of the following:(a)
whether an applicant should be granted a food business licence;
(b)
the conditions to impose on a food business licence;
(c)
whether to modify any condition of a food business 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 food business licensee, or an associate of the applicant or food business licensee, is or was disqualified by section 298 from holding the same licence or another licence;
(b)
whether the applicant or food business licensee is a suitable person to be involved in the management or operation of the licensable food business in the application;
(c)
whether regulatory action under section 96 has been or is being taken or is contemplated against the applicant or food business licensee;
(d)
any available information as to whether or not the applicant or food business licensee has been convicted or found guilty of any relevant offence within the meaning of section 96(3) (whether or not the offence was committed before, on or after the commencement of this section);
(e)
whether the premises at which the licensable food business is or is to be carried on are fit to be used for that type of licensable food business;
(f)
whether —(i)
the written permission or authorisation required by the Planning Act 1998 for the use of the premises for that licensable food business has been granted or deemed granted; and
(ii)
the requirements under any other written law for provisioning of sanitary conveniences in those premises have been complied with;
(g)
whether the applicant or food business licensee has, and will keep and maintain, the following plans relating to the licensable food business:(i)
an accepted farm management plan, where the licensable food business involves any primary production activity;
(ii)
an accepted food control plan, where the licensable food business is a food business mentioned in section 91(2)(b);
(h)
the applicant’s or food business licensee’s compliance history with Part 2, where applicable;
(i)
whether and how the applicant or food business licensee prepares to deal with any disruptive event occurring;
(j)
whether it is otherwise not in the public interest of Singapore for the applicant to be granted a food business licence.
(3) Subsection (2) applies to an applicant or food business 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) For the purpose of determining whether or not a person is a suitable person under subsection (2)(b) for a particular licensable food business that is the subject of an application for a food business licence, the Agency must have regard to all of the following matters:(a)
the person’s compliance history with any of the following so far as that relates to the carrying on of that licensable food business:(i)
the provisions of this Act and any predecessor law about requirements in respect of manufacturing, preparing or handling to ensure safe and suitable food or in respect of primary production activity to ensure safe primary produce;
(ii)
the conditions of any food business licence granted to the person;
(iii)
the provisions of any code of practice applicable to the person;
(iv)
a Part 7 direction;
(b)
the person’s relevant knowledge, competency and experience in identifying, controlling, managing, and eliminating or minimising hazards for the purpose of achieving safe and suitable food in carrying on that licensable food business.
(5) 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.
(6) In this section, “predecessor law” means any of the following:(a)
the Animals and Birds Act 1965, so far as that Act relates to food producing animals;
(b)
the Control of Plants Act 1993, so far as that Act relates to cultivation of plants intended for human consumption;
(c)
Part 4 of the Environmental Public Health Act 1987;
(d)
the Fisheries Act 1966, so far as that Act relates to cultivation of fish intended for human consumption;
(e)
the Sale of Food Act 1973 repealed by this Act;
(f)
the Wholesome Meat and Fish Act 1999 repealed by this Act.
Conditions of food business licence
93.—(1) Without limiting section 294, in granting a food business licence to any person, the Agency may impose conditions requiring the food business licensee —(a)
to meet all the standards prescribed for the maintenance, cleanliness, sanitation and hygiene of the licensable food business authorised by the licence, or specified in the licence in so far as the standards are not prescribed;
(b)
to comply with procedures prescribed to achieve the safety and suitability of food or the safety of primary produce, including document control and recording;
(c)
to prepare itself for the following ends:(i)
to deal with any disruptive event occurring;
(ii)
to prevent any intentional engaging in conduct, by any individual, so as to jeopardise the safety of food which is manufactured, prepared or otherwise handled or of primary produce which is produced at the food premises of the food business, including any attempt to do so,
by establishing and maintaining procedures and plans directed to those ends, and conducting simulations or other tests of those procedures and plans (where necessary) to give effect to those procedures and plans;
(d)
to carry on the licensable food business authorised by the licence in accordance with an accepted farm management plan or an accepted food control plan; or
(e)
to furnish or further furnish a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the Agency considers appropriate.
(2) In granting a person a food business licence for a licensable food business, the Agency accepts —(a)
where the food business involves any primary production activity, the person’s farm management plan relating to that food business; or
(b)
in any other case, the person’s food control plan relating to that food business.
Validity of food business licence
94.—(1) Every food business licence granted under this Part is to be in any form that the Agency may determine.
(2) Every food business 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 96(2); or
(b)
unless it is earlier revoked under section 96(1).
(3) To avoid doubt, a licence to use more than one premises for a licensable food business does not cease only by reason that one of the premises to which it relates stops being used for the licensable food business.
Modifying conditions of food business licence
95. Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of a food business licence without compensating the food business licensee concerned.
Regulatory action concerning food business licence
96.—(1) Subject to Division 4 of Part 14, if the Agency is satisfied that —(a)
a food business licensee is contravening or not complying with, or has contravened or failed to comply with —(i)
any of the conditions of its food business licence;
(ii)
any provision of this Act applicable to the food business licensee so far as that relates to the carrying on of the licensable food business stated in its food business licence, 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 food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;
(iv)
any direction given to the food business licensee under subsection (2)(e) or (f); or
(v)
any requirement in section 100 applicable to the food business licensee;
(b)
a food business licensee has ceased to carry on the food business authorised by the food business licence;
(c)
a food business licensee, or any officer of a food business licensee, is convicted of a relevant offence committed during the term of the food business licence or an immediately prior food business licence;
(d)
a food business licensee is suffering from a prescribed infectious disease, or knowingly employs or engages to handle food in the course of the licensee’s licensable food business an individual —(i)
who is or is suspected to be suffering from a prescribed infectious disease; or
(ii)
who refuses to be immunised against a prescribed infectious disease where a direction under section 130 is given in relation to the licensee’s licensable food business;
(e)
the continued use of the premises for a food business under a food business licence would constitute an unacceptable risk to the safety, welfare or wellbeing of customers of that licensable food business at the premises;
(f)
there is or has been a serious failure of the operations of a food business licensee, or there are or have been other matters, that cast doubt on the safety of the primary produce produced, or the safety and suitability of the food manufactured, prepared or supplied, by the food business licensee;
(g)
a food business licence had been obtained by a food business licensee by fraud or misrepresentation; or
(h)
the public interest of Singapore requires,
the Agency may revoke (without any compensation) the food business licence of the food business licensee, with or without forfeiting any performance bond, guarantee or other form of security furnished by the food business licensee under this Act.
(2) However, the Agency may, in lieu of revoking under subsection (1) the food business licence of a food business licensee, do (without any compensation) one or more of the following:(a)
censure the food business licensee in writing;
(b)
direct the food business licensee 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 food business licence for not more than 6 months;
(d)
modify any condition of the food business licence;
(e)
direct the food business licensee 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 food business licensee 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 food business licensee with any condition attached to the food business licence;
(ii)
to secure compliance by the food business licensee with any code of practice applicable to the food business licensee so far as that relates to the carrying on of the licensable food business authorised by the food business licence;
(iii)
for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the food business licensee.
(3) In this section, “relevant offence” means —(a)
an offence under section 102, 103(1) or (2), 106, 144, 146, 148, 150, 152, 154, 156, 158, 162, 179, 180 or 182;
(b)
an offence under section 139, 140, 253, 256 or 257 in relation to any food business of the food business licensee concerned;
(c)
an offence under section 272, 273 or 284 of the Penal Code 1871 involving food or drinking water; or
(d)
an offence under a repealed law which is prescribed in regulations, being an offence corresponding to any offence in paragraph (a).
(4) Subsection (2)(e) does not apply where the ground of regulatory action is subsection (1)(c).
Post-revocation, etc., of food business licence
97.—(1) Where the food business licence of a food business licensee is revoked or suspended (in whole or in part) under section 96, the Agency may direct as follows:(a)
direct that —(i)
any food handled; or
(ii)
any primary produce from any primary production activity,
under any of the operations of the food business licensee affected by the revocation or suspension must not be sold or supplied;
(b)
direct the food business licensee or former food business licensee (as the case may be) to take appropriate action to destroy or otherwise dispose of or deal with the affected food or primary produce mentioned in paragraph (a).
(2) A food business licensee or former food business licensee to whom a direction under subsection (1) is given commits an offence if the food business licensee or former food business licensee (as the case may be) fails to comply with the direction.
(3) A person who is guilty of an offence under subsection (2) 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 (2) does not apply if the person has a reasonable excuse.
(5) In subsection (3), “repeat offender”, in relation to an offence under subsection (2), 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 occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, an offence under subsection (2).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
