Application of Part 8
s 142
Open ↗142. It does not matter in this Part that the food concerned was supplied or intended for supply outside Singapore.
Source
Food Safety and Security Act 2025 PART 8 — OFFENCES RELATING TO FOOD SAFETY
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Division 1 — Application and interpretive provisions
Meaning of “hazardous food contact article”
s 143
Open ↗143. In this Part, a “hazardous food contact article” means a food contact article that, if used for the purposes for which it was designed or intended to be used —(a) would render or be likely to render food unsuitable; or (b) would put another food contact article, or would be likely to put another food contact article, in such a condition that, if the other food contact article were used for the purposes for which it was designed or intended to be used, the other food contact article would render, or be likely to render, food unsuitable.
Division 2 — Offences
Handling food in unsafe manner
s 144
Open ↗144.—(1) A person commits an offence if the person handles any food intended for supply in a way that the person knows, or ought reasonably to know, makes, will make, or is likely to make, the food unsafe. (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 20 of the Sale of Food Act 1973 for contravening section 19 of that Act. (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.
Handling food in unsafe manner — strict liability
s 145
Open ↗145.—(1) A person commits an offence if the person handles any food intended for supply in a way that makes, will make, or is likely to make, the food unsafe. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1).
Supplying unsafe food
s 146
Open ↗146.—(1) A person commits an offence if the person supplies any food that the person knows, or ought reasonably to know, is unsafe. (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); (ii) under section 41A of the Environmental Public Health Act 1987 for contravening section 40(1) of that Act; (iii) under section 20 of the Sale of Food Act 1973 for contravening section 15 of that Act; or (iv) under section 23(2) of the Wholesome Meat and Fish Act 1999 involving any meat or fish product for which is diseased, adulterated or unfit for human consumption. (4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii) or (iv) may be before, on or after the commencement of this section.
Supplying unsafe food — strict liability
s 147
Open ↗147.—(1) A person commits an offence if the person supplies any food that is unsafe. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1).
Handling food making it unsuitable
s 148
Open ↗148.—(1) A person commits an offence if the person handles any food intended for supply in a way that the person knows, or ought reasonably to know, makes, will make, or is likely to make, the food unsuitable. (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); or (ii) under section 20 of the Sale of Food Act 1973 for contravening section 19 of that Act. (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. (5) For the purposes of this section, it is immaterial whether the food concerned is safe.
Handling food making it unsuitable — strict liability
s 149
Open ↗149.—(1) A person commits an offence if the person handles any food intended for supply in a way that makes, will make, or is likely to make, the food unsuitable. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1). (4) For the purposes of this section, it is immaterial whether the food concerned is safe. (5) In this section, “handle”, in relation to food, excludes the following: (a) transporting or delivering the food; (b) supervising the transporting or delivering of food by another individual.
Supplying unsuitable food
s 150
Open ↗150.—(1) A person commits an offence if — (a) the person supplies any food; and (b) the person knows, or ought reasonably to know, that the food is unsuitable food. (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); or (ii) under section 20 of the Sale of Food Act 1973 for contravening section 15 of that Act. (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. (5) For the purposes of this section, it is immaterial whether the food concerned is safe.
Supplying unsuitable food — strict liability
s 151
Open ↗151.—(1) A person commits an offence if the person supplies any unsuitable food. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1). (4) For the purposes of this section, it is immaterial whether the food concerned is safe.
Handling food making it defined food
s 152
Open ↗152.—(1) A person commits an offence if the person handles any food intended for supply in a way that the person knows, or ought reasonably to know, makes, will make, or is likely to make, the food a defined food. (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) For the purposes of this section, it is immaterial whether the food concerned is safe.
Handling food making it defined food — strict liability
s 153
Open ↗153.—(1) A person commits an offence if the person handles any food intended for supply in a way that makes, will make, or is likely to make, the food a defined food. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1). (4) For the purposes of this section, it is immaterial whether the food concerned is safe.
Unsafe primary produce from primary production activity
s 154
Open ↗154.—(1) A person commits an offence if — (a) the person undertakes any primary production activity; (b) the primary produce resulting from the primary production activity is unsafe; and (c) the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be unsafe. (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).
Unsafe primary produce from primary production activity — strict liability
s 155
Open ↗155.—(1) A person commits an offence if the person undertakes any primary production activity resulting in primary produce that is unsafe. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1).
Producing primary produce that is unsuitable food
s 156
Open ↗156.—(1) A person commits an offence if — (a) the person undertakes any primary production activity; (b) the primary produce resulting from the primary production activity is unsuitable food; and (c) the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be unsuitable food. (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) For the purposes of this section, it is immaterial whether the primary produce concerned is safe.
Producing primary produce that is unsuitable food — strict liability
s 157
Open ↗157.—(1) A person commits an offence if the person undertakes any primary production activity resulting in primary produce that is unsuitable food. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1). (4) For the purposes of this section, it is immaterial whether the primary produce concerned is safe.
Producing primary produce that is defined food
s 158
Open ↗158.—(1) A person commits an offence if —(a) the person undertakes any primary production activity; (b) the primary produce resulting from the primary production activity is a defined food; and (c) the person, when undertaking the primary production activity, knew, or ought reasonably to have known, that the primary produce resulting from that primary production activity would or would likely be a defined food. (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) For the purposes of this section, it is immaterial whether the primary produce concerned is safe. (5) Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.
Producing primary produce that is defined food — strict liability
s 159
Open ↗159.—(1) A person commits an offence if the person undertakes any primary production activity, resulting in primary produce that is a defined food. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a) where the person is an individual — to a fine not exceeding $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. (3) Strict liability applies to the offence in subsection (1). (4) For the purposes of this section, it is immaterial whether the primary produce concerned is safe. (5) Subsection (1) does not apply if the defined food is not made available for consumption as food by the general public.
Supplying food imported for private consumption
s 160
Open ↗160.—(1) A person commits an offence if — (a) the person supplies any food; (b) the food is none of the following:(i) a prohibited food; (ii) a food of higher regulatory concern mentioned in section 44(4); (c) the food was imported; (d) the food was imported on the basis that it was for private consumption only; and (e) the person knows, or ought reasonably to know, that the food was imported on the basis that it was for private consumption only. (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).
Supplying food imported for private consumption — strict liability
s 161
Open ↗161.—(1) A person shall be guilty of an offence if — (a) the person supplies any food; (b) the food is none of the following:(i) a prohibited food; (ii) a food of higher regulatory concern mentioned in section 44(4); (c) the food was imported; and (d) the food was imported on the basis that it was for private consumption only. (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.
Supplying hazardous food contact article
s 162
Open ↗162.—(1) A person commits an offence if — (a) the person supplies an object in the course of a business; (b) the object is a hazardous food contact article; and (c) the person knows, or ought reasonably to know, that the object is a hazardous food contact article. (2) A person who commits 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).
Supplying hazardous food contact article — strict liability
s 163
Open ↗163.—(1) A person commits an offence if — (a) the person supplies an object in the course of a business; and (b) the object is a hazardous food contact article. (2) A person who commits 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. (3) Strict liability applies to the offence in subsection (1).
Division 3 — Defences
General defence of due diligence
s 164
Open ↗164.—(1) In a prosecution of a person for an offence under this Part involving a food or a regulated food contact article, 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) However, this defence does not apply if the person charged imported the food or regulated food contact article. (4) This section is additional to any other defence available to the defendant under the Good Samaritan Food Donation Act 2024 apart from this section.
Defence in respect of handling food
s 165
Open ↗165. In a prosecution of a person for an offence under section 144, 145, 148, 149, 152 or 153, it is a defence for the person charged to prove, on a balance of probabilities, that the person charged caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe or unsuitable or a defined food.
Defence of relying on warranty, etc.
s 166
Open ↗166.—(1) In a prosecution of a person for an offence under section 146, 147, 150, 151, 162 or 163 involving a food or a food contact article, it is a defence for the person charged to prove, on a balance of probabilities, that — (a) the person charged bought the food or food contact article from another person (P) in reliance on a written statement as to the nature of the food or a food contact article that was given by or on behalf of P; (b) the supply of the food or food contact article would not have constituted the offence with which the person charged is charged if the food or food contact article (as the case may be) had in fact conformed to the written statement; (c) when the person charged supplied the food or food contact article, it was in the same condition as it was when the person charged bought it; and (d) at the time of the commission of the offence —(i) a reasonable person would have had no reason to suspect that the food or food contact article (as the case may be) did not conform to the written statement; and (ii) the person charged had no reason to believe the written statement to be inaccurate and the person charged did in fact believe in its accuracy. (2) Without limiting subsection (1), in a prosecution of a person for an offence under section 146, 147, 150 or 151 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that — (a) the person charged bought the food in a package and supplied it in the same package and in the same condition as it was in when the person charged bought it; and (b) the person charged could not reasonably have found out that supplying the food would constitute the offence with which the person is charged. (3) The defence under subsection (1) is only available if the person charged, not later than 14 clear days before the date of the hearing — (a) gives the prosecution written notice of the intention of the person charged to rely on the written statement together with a copy of the written statement; and (b) gives a copy of the written notice in paragraph (a) to P and informs P that the person charged intends to rely on the written statement. (4) P (the person by whom the written statement is alleged to have been given by or on behalf of) is entitled to appear at the hearing and to give evidence.
Defence in respect of food for export
s 167
Open ↗167.—(1) In a prosecution of a person for an offence under section 146, 147, 150 or 151 involving a food, it is a defence for the person charged to prove, on a balance of probabilities, that — (a) the food in question is to be exported to another country; and (b) the food complies with the laws (if any) in force at the time of the alleged offence in the country to which the food is to be exported, being laws that deal with the same subject matter as the provision of this Act is concerned. (2) This section does not apply to food that was originally intended for export but was supplied in Singapore.
Defence in respect of hazardous food contact article
s 168
Open ↗168. In a prosecution of a person for an offence under section 162 or 163, it is a defence for the person charged to prove, on a balance of probabilities, that the person charged reasonably believed that the food contact article concerned was not intended for use in connection with the handling of food.
Defence for offence by employer
s 169
Open ↗169.—(1) If an employee commits an offence under this Part, his or her employer is taken to have committed the same offence. (2) An employer may be proceeded against and convicted under a provision in this Part pursuant to this section whether or not the employee has been proceeded against or been convicted under that provision. (3) In proceedings against an employer by virtue of subsection (1) for an offence under this Part, it is a defence for the employer who is charged to prove, on a balance of probabilities, that the employer could not, by the exercise of due diligence, have prevented the commission of the offence.
Liability of employees and agents
s 170
Open ↗170.—(1) Except as provided by subsection (2), it is no defence in proceedings for an offence under this Part that the person charged was, at the time of the commission of the offence, an employee or agent of another person. (2) In any proceedings for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that the person was under the personal supervision of —(a) the proprietor of the food business in relation to which the offence was committed; (b) the owner or person in charge of the premises, in relation to which the offence was committed; or (c) another person representing that proprietor, owner or person in charge.
Non-defences
s 171
Open ↗171.—(1) For the purposes of this Act —(a) it is not a defence to allege that the person instituting the prosecution is not the person who caused any analysis to be made for the purposes of the prosecution; and (b) where the prosecution or proceeding relates to any food purchased for analysis, it is not a defence that the part of the food retained for future comparison has from spontaneous natural causes deteriorated, perished or undergone a material change in its constitution. (2) It is not a defence that the purchaser bought any food or appliance for analysis or examination and therefore was not prejudiced. (3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.
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