Administration of Act and appointment of authorised officers, etc.
Open ↗3.—(1) The Minister must appoint from among officers of the Agency the Director‑General, Food Administration, who is responsible for the administration of this Act, subject to the general or special directions of the Minister.[11/2019]
(2) The Director‑General may in writing appoint any public officer or any officer of the Agency or any other statutory authority, or an auxiliary police officer appointed under the Police Force Act 2004, to be an authorised officer for the purposes of this Act.[11/2019]
(3) The Director‑General may appoint one or more persons with the prescribed qualifications and practical experience to be authorised analysts for the purposes of this Act.
(4) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act (except the power of delegation conferred by this subsection) to any authorised officer.[11/2019]
(5) The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer or authorised analyst.[11/2019]
(6) An auxiliary police officer who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Agency.[11/2019]
Power of authorised officers to enter, etc.
Open ↗4.—(1) Any authorised officer may —(a)
at any reasonable time enter and inspect any place where that authorised officer has reason to believe that there is any food or food contact article intended for sale;
(b)
inspect any food or food contact article wherever found which that authorised officer has reason to believe is intended for sale;
(c)
open and examine any receptacle or package which that authorised officer has reasonable grounds for believing to contain any article to which this Act applies;
(d)
mark, seal or otherwise secure, weigh, count or measure any food or food contact article the sale, preparation or manufacture of which is, or appears to be, contrary or not in compliance with an applicable requirement of this Act with respect to food or food contact articles;
(e)
seize any food or food contact article wherever found which is or appears to be unwholesome or deleterious to health or which is contrary or not in compliance with an applicable requirement of this Act with respect to food or food contact articles; and any article seized under this Act may at the option of an authorised officer be kept or stored in the building or place where it was seized or may at the direction of an authorised officer be removed to any other proper place;
(f)
require any person selling or manufacturing any food or food contact article or that person’s agent or employee to state that person’s name and place of residence; and
(g)
destroy any food wherever found which is decayed or putrefied or deleterious to health.[48/2017]
(2) Any person claiming anything seized under this section may within 48 hours after the seizure complain thereof to a Magistrate’s Court, and the complaint may be heard and determined by that Court, which may either confirm or disallow the seizure wholly or in part and may order the article seized to be restored.
(3) If within 48 hours after such seizure no complaint has been made, or if the seizure is confirmed, the article seized becomes the property of the Agency and must be destroyed or otherwise disposed of so as to prevent it being used for human consumption.[11/2019]
(4) Where the seizure of any food or food contact article is made under subsection (1)(e), the authorised officer making the seizure has to immediately give written notice of the seizure in the form prescribed or designed under section 53 to the owner or to the consignor or consignee or to the owner’s agent of the thing seized, if the name and address of the owner, consignor, consignee or agent are attached to that food or food contact article or are otherwise known to the authorised officer and the address is in Singapore.[48/2017]
Power to call for information
Open ↗5.—(1) Subject to subsection (6), an authorised officer may at any time require any person —(a)
to produce to the authorised officer for inspection any document or record or copies or extracts of any document or record which the authorised officer believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act; or
(b)
to furnish any information as the authorised officer may reasonably require.[48/2017]
(2) Any of the authorised officers mentioned in subsection (1) may make, or cause to be made, copies of, or extracts from, any such document or record.
(3) The copies or extracts certified as such by any authorised officer are, unless the contrary is proved, deemed to be true and correct copies or extracts.
(4) Any person, who refuses or neglects to comply with any requisition made under this section shall be guilty of an offence.
(5) Except for the purpose of carrying into effect this Act, any authorised officer who —(a)
does not maintain the secrecy of all matters which come to his or her knowledge in the performance of his or her official duties under this section; or
(b)
communicates any such matter to any person,
shall be guilty of an offence.
(6) The powers conferred under subsection (1) may only be exercised by an authorised officer —(a)
to determine whether an applicable requirement of this Act with respect to food, food contact articles or food businesses has been, or is being, complied with;
(b)
to ensure that an applicable requirement of this Act with respect to food, food contact articles and food businesses has been, or is being, or will be, complied with;
(c)
to investigate anything that may have, or might potentially have, contaminated food or a food contact article;
(d)
to determine whether food or a food contact article is safe or suitable;
(e)
to determine whether food or a food contact article poses a risk to human life or public health; or
(f)
to investigate any offence under this Act or any contravention of or non‑compliance with an applicable requirement of this Act.[48/2017]
Power to demand and select and take or obtain samples
Open ↗6.—(1) On payment or tender to any person selling or manufacturing any food or food contact article or to that person’s agent or employee of the current market value of samples of the food or food contact article, any authorised officer may at any place demand and select and take or obtain such samples for the purpose of analysis or examination.[48/2017]
(2) Any such authorised officer may require that person or that person’s agent or employee to show and permit the inspection of the package in which the food or food contact article is at the time kept, and may take therefrom the samples demanded.[48/2017]
(3) Where any food or food contact article is kept for retail sale in an unopened package, a person must not be required by any authorised officer to sell less than the whole of the contents of that package.[48/2017]
(4) Any person who refuses or neglects to comply with any demand or requisition made by an authorised officer under this section shall be guilty of an offence.
Power to demand samples of milk or food in course of delivery under contract
Open ↗7.—(1) Any authorised officer may procure for the purpose of analysis or examination —(a)
any sample of any milk in course of delivery to the purchaser or consignee pursuant to any contract for the sale to such purchaser or consignee of that milk; and
(b)
upon the request or with the consent of the purchaser or consignee, at the place of delivery, any sample of any other article of food in course of delivery to the purchaser or consignee pursuant to any contract for the sale to the purchaser or consignee of that article of food.
(2) The seller or consignor or any person entrusted by the seller or consignor for the time being with the charge of such milk or other article of food, if the seller, consignor or person entrusted refuses to allow an authorised officer to take the quantity which the authorised officer requires for the purpose of analysis or examination, shall be guilty of an offence.
Any person may have sample analysed
Open ↗8. Any person other than the seller may, on payment of the prescribed fee, together with the cost of the sample, require any authorised officer to purchase a sample of any food or food contact article and submit the same for analysis.[48/2017]
Certificate of authorised analyst
Open ↗10.—(1) A certificate of the results of an analysis given by an authorised analyst must be in the form prescribed or designed under section 53 and signed by the authorised analyst but the analysis may be made by a person acting under the direction of the authorised analyst.[48/2017]
(2) A copy of the result of any analysis of any food or food contact article procured by an authorised officer may be obtained from the authorised analyst by the person from whom the article so analysed was purchased or obtained, on payment of such fee as may be prescribed.[48/2017]
(3) A person who uses a copy of the result of an analysis mentioned in paragraph (2) as an advertisement shall be guilty of an offence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
