Definitions for Part 9
172. In this Part —“non‑communicable disease of public health interest” means a non‑communicable disease determined under section 173;
“Part 9 offence” means an offence under any subsidiary legislation made under section 174;
“population” means the population in Singapore;
“target food”, in relation to a non‑communicable disease of public health interest, means one or more identifiable foods the consumption of which contributes, or might, based on the available scientific evidence, contribute, to the occurrence of a non‑communicable disease of public health interest.
Non-communicable disease of public health interest
173.—(1) The Minister may determine a disease as a non‑communicable disease of public health interest where the Minister is satisfied —(a)
that one or more identifiable foods consumed contributes to the occurrence of that disease; and
(b)
that the disease —(i)
is likely to adversely affect the health of the population over a period of time;
(ii)
causes or is likely to cause significant chronic disease, disability or mortality in the population;
(iii)
interferes with or is inconsistent with the goals of public health; or
(iv)
is associated with poor health outcomes in the population.
(2) A determination under subsection (1) may be made after consulting the Director‑General of Health.
(3) Once a determination is made under subsection (1), the Minister must cause to be published a notice of the making of the determination without delay either —(a)
in the Gazette; or
(b)
in any other manner that will secure adequate publicity for the fact of making of the determination.
(4) However, failure to publish a notice under subsection (3) in respect of any determination does not invalidate the determination.
(5) A determination made under subsection (1) may be revoked at any time by the Minister; and the Minister must cause the giving of notice of the revocation in the same manner in which the notice of the making of the determination was first given.
Part 9 Regulations
174.—(1) The Minister may make regulations in relation to —(a)
one or more identifiable foods which are target foods related to the occurrence of a non‑communicable disease of public health interest, for the purpose of preventing or reducing the occurrence of that disease in Singapore;
(b)
any identifiable foods, for the purpose of informing individuals adequately about the food, and influencing and assisting them, to make food choices affecting their health and wellbeing and that of their families; or
(c)
the advertising of identifiable food or how it is promoted for sale, for the purpose of promoting public health.
(2) Without limiting subsection (1), those regulations may —(a)
prohibit the import of target foods or restrict the import of any food;
(b)
restrict or prohibit the way target foods are manufactured, prepared, distributed or supplied, or used in the manufacture or preparation of other foods, including the composition, contents and additives of those target foods;
(c)
restrict or prohibit the way the general public, or certain members of the general public, may acquire or obtain access to target food;
(d)
restrict or prohibit the content used in advertising or labelling of food for supply, including (but not limited to) —(i)
requiring, or prohibiting, specified content in any advertisement or label relating to that food; and
(ii)
prescribing the form of the content required under sub‑paragraph (i), including (but not limited to) its size and colour, or the size, colour and font type of the content and how it is displayed;
(e)
require warnings to be included in content used in advertising, or content of labels, relating to target foods for supply, including —(i)
requiring a warning label that is intended to inform the general public of the danger of a link between consuming a target food and the non‑communicable disease of public health interest; and
(ii)
prescribing the form of the warning required under sub‑paragraph (i), including (but not limited to) its size and colour, or the size, colour and font type of the warning, or the size, colour and font type of the content, and how it is displayed;
(f)
require the placement or display (including in a menu) at food premises in connection with the sale of food at those premises, of prescribed dietary and nutritional information about the food;
(g)
restrict or prohibit the medium or way food is advertised or sponsored or is promoted for sale, including requiring or prohibiting advertising in relation to the food at specified times or at specified premises;
(h)
create offences for a contravention of any provision of the regulations, the penalty for which on conviction may be a fine not exceeding $10,000 or imprisonment for a term not exceeding 6 months or both;
(i)
specify the Part 9 offences that may be compounded; and
(j)
provide for any saving, transitional and other consequential, incidental and supplemental provisions that are necessary or expedient.
(3) Regulations made under this section may apply —(a)
in respect of all food businesses or particular categories of food businesses, whether or not the food business is licensable;
(b)
in respect of all food premises or particular categories of food premises;
(c)
in respect of all persons who engage in conduct to promote the sale of food or particular categories of such persons;
(d)
in respect of all advertising or particular media, content or nature of advertising;
(e)
in respect of all foods or particular categories of food;
(f)
in respect of all methods of supply of any food mentioned in paragraph (e) or particular methods of supply of that food; or
(g)
in respect of the population generally or particular communities in the population.
Part 9 enforcement officers
175.—(1) The Director‑General of Health may, in relation to —(a)
any provision of this Part or Part 13;
(b)
any Part 9 Regulations; or
(c)
any provision in Part 10 involving any Part 9 Regulations,
appoint any individual in subsection (2) as a Part 9 enforcement officer for the purpose of that provision and in relation to one or more Part 9 offences.
(2) Any of the following individuals may be appointed under subsection (1) as a Part 9 enforcement officer if he or she is suitably trained to properly exercise the powers of a Part 9 enforcement officer:(a)
a public officer;
(b)
an employee or officer of a public authority;
(c)
any auxiliary police officer.
(3) The Director‑General of Health may, for any reason that appears to the Director‑General of Health to be sufficient, at any time revoke an individual’s appointment under subsection (1) as a Part 9 enforcement officer.
(4) The Director‑General of Health must issue to each Part 9 enforcement officer an identification card (in physical or digital form) which must be carried at all times by the Part 9 enforcement officer when the Part 9 enforcement officer is exercising any power under any provision of Part 13 in relation to a Part 9 offence.
(5) Every Part 9 enforcement officer whose appointment as such ceases must return without delay to the Director‑General of Health any identification card issued to him or her under subsection (4).
(6) A former Part 9 enforcement officer who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.
(7) In the case of an identification card issued in a digital form, a former Part 9 enforcement officer is taken to comply with subsection (5) only after he or she removes the digital identification card from each mobile communication device or other electronic device in his or her possession on which the digital identification card is capable of being displayed.
Remedial notices
176.—(1) This section applies if a Part 9 enforcement officer reasonably believes —(a)
a person —(i)
is contravening a provision of any Part 9 Regulations; or
(ii)
has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;
(b)
a matter relating to the contravention can be remedied; and
(c)
it is appropriate to give the person an opportunity to remedy the matter.
(2) The Part 9 enforcement officer may give the person in subsection (1)(a) a remedial notice requiring the person to remedy the contravention or have the contravention remedied.
(3) The remedial notice must state all of the following:(a)
that the Part 9 enforcement officer reasonably believes the person the notice is addressed to —(i)
is contravening a provision of any Part 9 Regulations; or
(ii)
has contravened a provision of any Part 9 Regulations in circumstances that make it likely the contravention will continue or be repeated;
(b)
the provision the Part 9 enforcement officer believes is being, or has been, contravened (called the relevant provision);
(c)
briefly, how it is believed the relevant provision is being, or has been, contravened;
(d)
the period in which the person must remedy the contravention or have the contravention remedied;
(e)
that it is an offence to fail to comply with the remedial notice unless the person has a reasonable excuse.
(4) The remedial notice may also state the reasonable steps that the Part 9 enforcement officer considers necessary to remedy the contravention, or to avoid further contravention, of the relevant provision.Examples of reasonable steps
Withdrawing or rectifying advertisements of foods, publishing in Singapore a rectification notice to inform the general public of non‑compliant advertisements, or suspending the sale or supply of a specific food.
(5) A Part 9 enforcement officer must keep a copy of every remedial notice given under this section.
(6) The person to whom a remedial notice is given must comply with the remedial notice unless the person has a reasonable excuse.
(7) A person who contravenes subsection (6) 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
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(8) If a remedial notice is given under this section in relation to a contravention by a person of a relevant provision and the contravention is an offence, the person cannot be prosecuted for that offence unless the person fails to comply with the remedial notice and does not have a reasonable excuse for the non‑compliance.
(9) A person may be prosecuted for the contravention of a relevant provision without a Part 9 enforcement officer first giving a remedial notice for the contravention.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
