§ 19 — Interpretation of this Part

19.—(1) In this Part, unless the context otherwise requires —“franchise” means a written agreement or arrangement between 2 or more persons by which —(a)

a party (called in this definition the franchisor) to the agreement or arrangement authorises or permits another party (called in this definition the franchisee), or a person associated with the franchisee, to exercise the right to engage in the business of offering, selling or distributing goods or services in Singapore under a plan or system controlled by the franchisor or a person associated with the franchisor;

(b)

the business carried on by the franchisee or the person associated with the franchisee (as the case may be) is capable of being identified by the public as being substantially associated with a trade or service mark, logo, symbol or name identifying, commonly connected with or controlled by the franchisor or a person associated with the franchisor; and

(c)

the franchisor exerts, or has authority to exert, a significant degree of control over the method or manner of operation of the franchisee’s business;

“franchisee” is the person described in the definition of “franchise” as the franchisee;

“franchisor” is the person described in the definition of “franchise” as the franchisor;

“goods” includes raw or processed products or goods;

“packaging” means any material or combination of materials used for the containment, protection, handling, delivery or presentation of any goods, but does not include any material that remains in the possession of a producer of specified packaging to be re‑used for the containment, protection, handling, delivery or presentation of any goods;

“prescribed threshold criteria”, in relation to a producer, means all or any of the following criteria, as may be prescribed:(a)

the annual turnover of the producer;

(b)

the quantity of specified packaging imported or used by the producer;

“regulated goods” means any goods other than goods prescribed as excluded from this definition;

“specified packaging” means any packaging other than any type of packaging prescribed as excluded from this definition;

“supply”, in relation to any regulated goods, includes —(a)

the supply of the regulated goods by way of sale (including by barter or exchange), lease, loan, hire or hire‑purchase;

(b)

the supply of the regulated goods by retail or by wholesale;

(c)

the supply of the regulated goods in connection with any agreement; and

(d)

the offer to supply the regulated goods or exposure of the regulated goods for supply.

(2) In this Part, “producer”, in relation to any specified packaging, means a person (A) who carries on a business of supplying regulated goods in Singapore and in furtherance of that business —(a)

imports specified packaging by importing regulated goods that have been packed into or with, or wrapped with, specified packaging; or

(b)

uses specified packaging —(i)

by packing the regulated goods into or with specified packaging or wrapping the regulated goods with specified packaging;

(ii)

by engaging another person to do anything mentioned in sub‑paragraph (i) for or on behalf of A or otherwise causing anything mentioned in sub‑paragraph (i);

(iii)

where A supplies the regulated goods to a retailer, by providing specified packaging to the retailer that A requires the retailer to use in connection with the retailer’s supply of the regulated goods; or

(iv)

where A is a retailer, by providing the specified packaging to a consumer who purchases regulated goods from A, to enable the consumer to put the regulated goods into the specified packaging,

but does not include a person who does anything mentioned in paragraph (b)(i) for or on behalf of a Singapore‑connected person, or the retailer mentioned in paragraph (b)(iii).

—(1) In this Part, unless the context otherwise requires —“franchise” means a written agreement or arrangement between 2 or more persons by which —(a)

a party (called in this definition the franchisor) to the agreement or arrangement authorises or permits another party (called in this definition the franchisee), or a person associated with the franchisee, to exercise the right to engage in the business of offering, selling or distributing goods or services in Singapore under a plan or system controlled by the franchisor or a person associated with the franchisor;

(b)

the business carried on by the franchisee or the person associated with the franchisee (as the case may be) is capable of being identified by the public as being substantially associated with a trade or service mark, logo, symbol or name identifying, commonly connected with or controlled by the franchisor or a person associated with the franchisor; and

(c)

the franchisor exerts, or has authority to exert, a significant degree of control over the method or manner of operation of the franchisee’s business;

“franchisee” is the person described in the definition of “franchise” as the franchisee;

“franchisor” is the person described in the definition of “franchise” as the franchisor;

“goods” includes raw or processed products or goods;

“packaging” means any material or combination of materials used for the containment, protection, handling, delivery or presentation of any goods, but does not include any material that remains in the possession of a producer of specified packaging to be re‑used for the containment, protection, handling, delivery or presentation of any goods;

“prescribed threshold criteria”, in relation to a producer, means all or any of the following criteria, as may be prescribed:(a)

the annual turnover of the producer;

(b)

the quantity of specified packaging imported or used by the producer;

“regulated goods” means any goods other than goods prescribed as excluded from this definition;

“specified packaging” means any packaging other than any type of packaging prescribed as excluded from this definition;

“supply”, in relation to any regulated goods, includes —(a)

the supply of the regulated goods by way of sale (including by barter or exchange), lease, loan, hire or hire‑purchase;

(b)

the supply of the regulated goods by retail or by wholesale;

(c)

the supply of the regulated goods in connection with any agreement; and

(d)

the offer to supply the regulated goods or exposure of the regulated goods for supply.

(2) In this Part, “producer”, in relation to any specified packaging, means a person (A) who carries on a business of supplying regulated goods in Singapore and in furtherance of that business —(a)

imports specified packaging by importing regulated goods that have been packed into or with, or wrapped with, specified packaging; or

(b)

uses specified packaging —(i)

by packing the regulated goods into or with specified packaging or wrapping the regulated goods with specified packaging;

(ii)

by engaging another person to do anything mentioned in sub‑paragraph (i) for or on behalf of A or otherwise causing anything mentioned in sub‑paragraph (i);

(iii)

where A supplies the regulated goods to a retailer, by providing specified packaging to the retailer that A requires the retailer to use in connection with the retailer’s supply of the regulated goods; or

(iv)

where A is a retailer, by providing the specified packaging to a consumer who purchases regulated goods from A, to enable the consumer to put the regulated goods into the specified packaging,

but does not include a person who does anything mentioned in paragraph (b)(i) for or on behalf of a Singapore‑connected person, or the retailer mentioned in paragraph (b)(iii).