Singapore Food Agency Act 2019

Sections (59)

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• § 1 — Short title

  1. This Act is the Singapore Food Agency Act 2019.

• § 10 — Appointment of Agency members

  10.—(1) Each member of the Agency is to be appointed by the Minister.(2) Every appointment must be made by instrument in writing given to the member. (3) The instrument must state —(a) the term of the appointment; and (b) the date the appointment takes effect, which must not be a date earlier than

• § 11 — Membership disqualification

  11.—(1) In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills and experience to assist the Agency to perform its functions effectively.(2) However, the following individuals are disqualified

• § 12 — Chairperson and Deputy Chairperson

  12.—(1) The Minister may, by instrument in writing, appoint —(a) a member (other than the Chief Executive) to be the Chairperson of the Agency for such period as is specified in the instrument; and (b) one or more members (other than the Chairperson) to be a Deputy Chairperson of the Agency for suc

• § 13 — Premature vacancies

  13.—(1) If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.(2) In this section, “prematur

• § 14 — Acting Chairperson and members

  14.—(1) The Minister may appoint an individual to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson —(a) is absent from duty or Singapore; or (b) is, for any reason, unable to perform the duties of the office. (2) The Minister may appoint an individu

• § 15 — Removal of member

  15.—(1) The Minister may, at any time and without giving any reason, remove a member of the Agency from office.(2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency. (3) The notice must state the date the removal takes effect, which must

• § 16 — Resignation from office

  16.—(1) A member of the Agency may resign his or her office by written notice to the Minister (with a copy to the Agency) signed by the member.(2) The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice. —(1) A member o

• § 17 — Validity of acts, etc.

  17.—(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function of the Agency by the Agency is not affected merely because at the relevant time —(a) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure t

• § 18 — Term of appointment

  18.—(1) Subject to section 20, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment.(2) A member of the Agency may be re‑appointed. —(1) Subject to section 20, each member of the Agency holds office for a period of 3 years o

• § 19 — Remuneration, etc.

  19. The members of the Agency may be paid, out of the funds of the Agency, such salaries, fees and allowances as the Minister determines.

• § 2 — Interpretation

  2. In this Act, unless the context otherwise requires —“accreditation, certification or inspection mark” means any accreditation, certification or inspection mark of the Agency; “Agency” means the Singapore Food Agency established by section 3; “animal” includes —(a) any amphibian, bird, crustacea

• § 20 — Vacation of office

  20.—(1) A member of the Agency ceases to hold office if he or she —(a) dies; (b) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors; (c) becomes otherwise disqualified from being a member under section 11(2); (d) is removed from office in accordance with section 15

• § 21 — Procedure generally

  21. Subject to this Act and the Public Sector (Governance) Act 2018, the members of the Agency may regulate their own proceedings and business.

• § 22 — Notice of meetings

  22.—(1) The Agency must hold such meetings as are necessary for the performance of its functions.(2) The Chairperson must appoint the times and places of the meetings of the Agency, and cause notice of those meetings to be given to each member not present when the appointment is made. (3) The meeti

• § 23 — Quorum

  23.—(1) The quorum is the number that is one-third the number of members of the Agency.(2) No business may be transacted at a meeting of the Agency if a quorum is not present. —(1) The quorum is the number that is one-third the number of members of the Agency. (2) No business may be transacted at a

• § 24 — Presiding at meetings

  24.—(1) At a meeting of the Agency, the following person presides:(a) if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; (b) if there is no Chairperson, or the Chai

• § 25 — Voting at meetings

  25.—(1) Each member of the Agency has one vote.(2) In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote. (3) A resolution of the Agency is passed if it is agreed by all members present without dissent, or if a majority of

• § 26 — Execution of documents

  26.—(1) The Agency must have a seal.(2) The seal of the Agency is to be kept and used as authorised by the Agency. (3) A document is duly executed by the Agency if —(a) the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that

• § 27 — Appointment of committees

  27.—(1) The Agency may, by resolution, appoint any number of committees that the Agency thinks fit for purposes which, in the opinion of the Agency, would be better regulated and managed by means of those committees.(2) A committee appointed under this section may consist of any number of individual

• § 28 — Proceedings of committees

  28.—(1) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications.(2) Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions by a resolution under section 29(1), a committee may regulate

• § 29 — Ability to delegate, etc.

  29.—(1) The Agency may delegate the performance or exercise of any of its functions or powers, either generally or specially, to any of the following persons by resolution and written notice to the person or persons:(a) a member of the Agency; (b) the Chief Executive, any employee of the Agency or

• § 3 — Singapore Food Agency

  3. A body called the Singapore Food Agency is established by this section.

• § 30 — Power of delegate, etc.

  30.—(1) A delegate (or subdelegate) who purports to perform a function or exercise a power under delegation (or subdelegation) —(a) is taken to be in accordance with the terms of a delegation (or subdelegation) under section 29, unless the contrary is shown; and (b) must produce evidence of his or

• § 31 — Appointment of Chief Executive

  31.—(1) There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief

• § 32 — Officers, etc.

  32. The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as the Agency may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

• § 33 — Public servants

  33. Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every delegate and subdelegate of the Agency —(a) is taken to be a public servant for the purposes of the Penal Code 1871; and (b) is, in relation to his or her administration, assessment, collection and enforcemen

• § 34 — Preservation of secrecy

  34.—(1) A member of the Agency, an employee, a delegate or subdelegate of the Agency, the Chief Executive or a committee member, who has information in his or her capacity as such that would not otherwise be available to him or her, must not disclose that information to any person except —(a) in the

• § 35 — Protection from personal liability

  35. No liability shall lie against any member, any committee member, the Chief Executive or any employee, delegate or subdelegate of the Agency or any other person acting under the direction of the Agency, for anything which is done or purported to be done, or omitted to be done, in good faith and w

• § 36 — Financial year

  36. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.

• § 37 — Revenue and property of Agency

  37. The funds and property of the Agency include —(a) all moneys paid to the Agency by way of grants, subsidies, donations, gifts and contributions for the purposes of the Agency; (b) all moneys paid to, and all other moneys and property lawfully received by, the Agency for the purposes of the Agen

• § 38 — Bank accounts

  38.—(1) The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit.(2) Every such account may only be operated by a person who is authorised to do so by the Agency. —(1) The Agency must open and maintain one or more accounts with such bank or banks as th

• § 39 — Financial accounts and records

  39. The Agency must —(a) keep proper accounts and records of its transactions and affairs; and (b) do all things necessary to ensure that —(i) all payments out of its moneys are correctly made and properly authorised; and (ii) adequate control is maintained over the property and assets of, or in t

• § 4 — Agency is body corporate

  4.—(1) The Agency —(a) is a body corporate with perpetual succession; (b) may acquire, hold and dispose of real and personal property; and (c) may sue and be sued in its corporate name. (2) The Agency may use, and operate under, one or more trading names approved by the Minister. (3) A trading n

• § 40 — Power of investment

  40. The Agency may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.

• § 41 — Issue of shares, etc.

  41. As a consequence of —(a) the vesting of any property, rights or liabilities in the Agency under this Act; or (b) any capital injection or other investment by the Government in the Agency in accordance with any other written law, the Agency must issue such shares or other securities to the Mini

• § 42 — Borrowing power

  42.—(1) The Agency cannot raise loans for the performance of its functions under this Act or any other Act administered by the Agency except in accordance with this section.(2) Subject to subsection (3), the Agency may raise loans by —(a) mortgage, overdraft or other means, with or without security;

• § 43 — Improper use of accreditation, certification or inspection mark

  43.—(1) A person must not use any accreditation, certification or inspection mark, or a colourable imitation of any accreditation, certification or inspection mark, in respect of any product or process or in any trade mark or design, unless the person —(a) holds a valid accreditation or certificatio

• § 44 — Composition of offences

  44.—(1) The Chief Executive, or an employee of the Agency authorised in writing by the Agency, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the fo

• § 45 — Offences by corporations

  45.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent

• § 46 — Offences by unincorporated associations or partnerships

  46.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association or partnership engaged in that con

• § 47 — Service of documents

  47.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by prepaid

• § 48 — Regulations

  48. The Agency may, with the approval of the Minister, make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

• § 49 — Interpretation of this Part

  49. In this Part, unless the context otherwise requires —“Agri‑Food and Veterinary Authority” or “AVA” means the Agri‑Food and Veterinary Authority established by section 3 of the repealed Agri‑Food and Veterinary Authority Act (Cap. 5, 2012 Revised Edition); “asset”, in relation to a transferor, m

• § 5 — Functions of Agency

  5.—(1) The Agency has the following functions:(a) to support regulation of the production of primary produce and animal feed to ensure the safety and wholesomeness of food supply in Singapore; (b) to support regulation of the handling and supply of food to ensure that it is safe and suitable for hu

• § 50 — Transfer of undertakings to Agency

  50.—(1) On the transfer date, the following assets and liabilities are transferred to the Agency:(a) all assets and liabilities of the Agri‑Food and Veterinary Authority that relate solely to the functions of any department comprised in the transferable AVA undertaking; (b) all assets and liabiliti

• § 51 — Transferring secondments and employees to Agency

  51.—(1) On the transfer date, every transferring AVA employee —(a) stops being an employee of the Agri‑Food and Veterinary Authority; and (b) is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the t

• § 52 — General preservation of employment terms

  52.—(1) The service with the Agency of an employee transferred under section 51 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor concerned immediately before the transfer date.(2) On the t

• § 53 — Transfer of records

  53. On the transfer date, the following records become the record of the Agency:(a) every record, or part of any record, of the Agri‑Food and Veterinary Authority that relates to —(i) any asset or liability transferred to the Agency under section 50; or (ii) any transferring AVA employee; (b) ever

• § 54 — Confirmation of transfers

  54.—(1) If any dispute arises —(a) as to whether an asset or a liability or a record is transferred under section 50 or 53; or (b) as to whether any, or any part of any, contract or document relates to an asset or a liability or a record transferred under section 50 or 53, the Minister for Finance

• § 6 — Powers of Agency

  6.—(1) The Agency has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions.(2) Without limiting subsection (1), the powers of the Agency include the following:(a) to enter into contracts, agreements or arrangements; (b) to acquire, de

• § 67 — Transitional arrangements for AVA financial statements, etc.

  67. The last members and the last Chief Executive of the Agri‑Food and Veterinary Authority remain responsible —(a) for the preparation and submission of the financial statements in respect of the financial year (or part thereof) before the dissolution of the Agri‑Food and Veterinary Authority, to t

• § 68 — Saving and transitional provisions for amendments to Environmental Public Health Act 1987

  68.—(1) Every licence, permit, approval or authorisation that —(a) is granted, before 1 April 2019, under Part 4 or 9 of the Environmental Public Health Act 1987, by the Director‑General of Public Health; and (b) is in force on that date, is, so far as it is not inconsistent with the provisions of

• § 69 — Saving and transitional provisions for amendments to various Acts

  69.—(1) Every licence, permit, approval or authorisation that —(a) is granted, before 1 April 2019 under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) by the Director‑General, Agri‑Food and Veterinary Servi

• § 7 — Directions of Minister, etc.

  7.—(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.(2) To avoid doubt, the Minister is entitled —(a) to have information in the possession of the Agency; and (b) where the information is in or on a document, to have, and make and reta

• § 70 — Saving for amendments to Sale of Food Act 1973

  70. Section 30(3) and (4) of the Sale of Food Act 1973 continues to apply to and in relation to the following as if section 64(1)(n) had not been enacted:(a) any food or any food contact article which was purchased or procured from any person (for test purposes) before 1 April 2019; (b) any offence

• § 71 — Saving and transitional regulations

  71.—(1) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.(2)

• § 8 — Agency’s symbol, etc.

  8.—(1) The Agency has the exclusive right to the use of one or more symbols or representations as the Agency may select or devise (each called in this section the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities

• § 9 — Membership of Agency

  9.—(1) The Agency consists of at least 7 and not more than 14 members.(2) One of the members (who is not the Chairperson) may be the Chief Executive. —(1) The Agency consists of at least 7 and not more than 14 members. (2) One of the members (who is not the Chairperson) may be the Chief Executive.