Interpretation of this Part
Open ↗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).
Reporting of specified packaging imported or used
Open ↗20.—(1) A producer of any specified packaging who fulfils the prescribed threshold criteria in any year (T) must, in year T + 2, submit to the Agency a report relating to the specified packaging that is imported or used in year T + 1.
(2) Where a producer is the franchisor of a franchise —(a)
the annual turnover of, or the quantity of specified packaging imported or used by, all franchisees of the franchise is to be included for the purposes of determining whether the franchisor fulfils the prescribed threshold criteria; and
(b)
any reference in this Part to specified packaging imported or used by the franchisor includes a reference to specified packaging imported or used by all the franchisees of the franchise.
(3) Where (but for this subsection) a producer is required to submit a report under subsection (1), and —(a)
the producer is a franchisee of a franchise; and
(b)
the franchisor of the franchise is a Singapore‑connected person,
then subsection (1) does not apply to the franchisee.
(4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable —(a)
on the first conviction to a fine not exceeding $5,000; and
(b)
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.
(6) The offence under subsection (4) is a strict liability offence.
Submission of 3R plan
Open ↗21.—(1) A producer required by section 20 to submit a report under that section must also submit to the Agency a plan to reduce, re‑use or recycle packaging in Singapore (whether or not the packaging is imported or used by the producer).
(2) Without affecting section 52, a plan to reduce, re‑use or recycle packaging under subsection (1) must include information on the implementation of any part of the plan.
(3) A producer who contravenes subsection (1) shall be guilty of an offence and shall be liable —(a)
on the first conviction to a fine not exceeding $5,000; and
(b)
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.
(5) The offence under subsection (3) is a strict liability offence.
Requirements for reports and plans
Open ↗22.—(1) A requirement to submit a report or a plan under this Part to the Agency is a requirement to do so in accordance with any requirements prescribed under section 52 for the report or plan, including its preparation and submission.
(2) The Agency may, in respect of any incomplete or inaccurate report or plan submitted by a person, in writing direct the person to do the following within the time period specified in the direction (or such longer time as the Agency may allow in any particular case):(a)
to rectify or re‑compute any matter in the report or plan as the Agency may require;
(b)
to resubmit the report or plan to the Agency,
and the person must comply with the direction.
(3) A person who fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable —(a)
on the first conviction to a fine not exceeding $5,000; and
(b)
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.
(5) The offence under subsection (3) is a strict liability offence.
Keeping of records
Open ↗23.—(1) A producer of specified packaging who is required under this Part to submit any report or plan to the Agency must keep and maintain complete and accurate records containing such information, and in accordance with such other requirements, as may be prescribed under section 52, relating to —(a)
those reports and plans, including the preparation and submission of the reports and plans; and
(b)
monitoring and evaluation undertaken by the person to ensure compliance with this Act.
(2) The producer mentioned in subsection (1) must —(a)
retain the records mentioned in subsection (1) for the prescribed period or longer;
(b)
during the prescribed period mentioned in paragraph (a), make available for inspection by any authorised officer, the records mentioned in subsection (1) when so requested by the authorised officer; and
(c)
submit to the Agency the records mentioned in subsection (1) in the time specified by the Agency.
(3) A producer who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable —(a)
on the first conviction to a fine not exceeding $5,000; and
(b)
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.
(5) The offence under subsection (3) is a strict liability offence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
