Food Safety and Security Bill

Bill No. 49/2024

Read the first time on 12 November 2024.
An Act to consolidate and amend the law relating to food safety in connection with the production of primary produce, the supply of food and the provision of drinking water, to improve food security in Singapore, to promote the general public’s health through better diet and nutrition, to repeal the Sale of Food Act 1973 and the Wholesome Meat and Fish Act 1999, and to make consequential and related amendments to certain other Acts.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
PART 1
PRELIMINARY
Short title and commencement
1.  This Act is the Food Safety and Security Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette.
Purposes of Act
2.  The purposes of this Act are —
(a)to improve food security in Singapore through maintaining in Singapore a minimum quantity of stocks of certain foods and agri‑food production inputs, and measures to mitigate the impact of agri‑food supply chain disruptions on Singapore;
(b)to increase production of primary produce on a sustainable basis in Singapore so as to contribute to food security in Singapore;
(c)to ensure that food in Singapore is safe and suitable for human consumption and that non‑packaged drinking water in Singapore is not unwholesome;
(d)to improve traceability systems to enable food to be more efficiently and effectively recalled due to food safety concerns;
(e)to ensure provision of adequate information relating to food to enable consumers to make informed choices and to prevent misleading conduct in connection with the supply of food;
(f)to provide for the compliance of imported food and other import‑controlled items with Singapore’s standards and requirements of public health and safety;
(g)to ensure that any export‑controlled item that is exported meets relevant importing country requirements to enable and maintain overseas market access for export‑controlled items exported from Singapore;
(h)to minimise and manage the risks to human health from plant pesticides and animal feed in primary production activities; and
(i)to support national nutritional standards or national dietary recommendations directed at preventing diet‑related non‑communicable diseases among the general public or at promoting health and wellbeing at all ages.
General interpretation
3.—(1)  In this Act —
“advertise” or “advertising”, as a verb, has the meaning given by section 7(2);
“advertisement” has the meaning given by section 7(5);
“Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;
“agri‑food production input” means any of the following to the extent that it is essential in undertaking any primary production activity:
(a)any animal feed;
(b)any plant pesticide;
(c)any animal reproductive material from a food producing animal;
(d)any young of a food producing animal;
(e)any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow;
(f)any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals;
(g)any vitamin or mineral substance or other substances suitable for, or used for, administration or application to an animal or plant by any means, or consumption by an animal, as a way of directly or indirectly improving growth or modifying the physiology of the animal or plant so as to alter its natural development, productivity, quality or reproductive capacity,
and excludes any primary produce;
“agri‑food supply chain” and “agri‑food supply chain participant” have the meanings given by section 18(1);
“aircraft” includes an unmanned aircraft;
“analysis” includes any examination or testing of food or any other thing;
“animal” means —
(a)any fish;
(b)any reptile;
(c)any amphibian;
(d)any bird;
(e)any mammal (other than man);
(f)any invertebrate, regardless of the stage of development it is in; or
(g)any egg, or any reptile egg, amphibian egg, fish egg, invertebrate egg or monotreme egg;
“animal feed” has the meaning given by section 16;
“animal feed production licence” means a licence granted under Division 2 of Part 11 authorising the holder of the licence to produce animal feed in the course of a business;
“animal feed regulations” means any regulations made under section 313;
“animal reproductive material” means —
(a)an embryo, egg or ovum, or roe, semen or sperm, of a food producing animal; or
(b)any other part, or product, of a food producing animal from which another food producing animal could be produced;
“applicable standard” has the meaning given by section 42(1);
“aquaculture” means doing any of the following on land in, or in the sea within the territorial waters of, Singapore:
(a)cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale;
(b)keeping fish or marine vegetation in a confined area for a commercial purpose (such as in a grow‑out pond or tank),
but does not include any of the following:
(c)keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially);
(d)doing anything for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose;
(e)keeping any fish in or on any premises for the purpose of serving the fish as meals to the general public, or otherwise for the purpose of consumption, in or on those premises;
“associate” has the meaning given by section 17;
“authorised analyst” means an individual appointed under section 287(1) as such;
“authorised officer”, in relation to a provision of this Act, means —
(a)the Director‑General; or
(b)an individual appointed under section 278(1) as an authorised officer for the purposes of that provision;
“biosecurity carrier” and “biosecurity matter” have the meanings given by section 125(2);
“business” includes —
(a)a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis;
(b)the carrying out of an activity as a self‑employed person, but not as an employee; and
(c)any business, whether or not carried on for profit,
and the fact that an unincorporated association provides services to its members does not prevent those services from being services provided in the course of a business;
“catalogued insect‑like species” means an insect‑like species which is declared a catalogued insect‑like species under section 13(2);
“code of practice” means a code of practice issued or approved under section 317;
“computer” and “data” have the meanings given by section 2(1) of the Computer Misuse Act 1993;
“consignment permit” means —
(a)an import consignment permit mentioned in section 76(2);
(b)an export consignment permit mentioned in section 76(3); or
(c)a transhipment consignment permit mentioned in section 76(4);
“contaminant”, for any particular food, has the meaning given by section 12(3);
“content” means any information or material —
(a)whether in the form of text;
(b)whether in the form of speech, music or other sounds;
(c)whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction);
(d)whether in electronic or digital form; or
(e)whether in any other form,
and includes information or material in any combination of forms;
“controlled item” has the meaning given by section 42(1);
“conveyance” means any of the following (but not while it is goods imported or exported):
(a)an aircraft;
(b)a vessel;
(c)a vehicle;
(d)a train (including railway rolling stock);
(e)any other mode of transport, whether of goods, people or both goods and people;
“cooking” includes air‑frying, deep‑frying, baking, roasting, grilling, sautéing, searing, stir‑frying, boiling, steaming, blanching, simmering, braising and stewing;
“corporation” means a body corporate formed or incorporated or existing in or outside Singapore, and includes any foreign company within the meaning of section 4(1) of the Companies Act 1967;
“country” includes a territory, and any part of a country;
“courier” means a person who, in the normal course of a business, transports objects or things on behalf of another person;
“cultivate” —
(a)for any animal, includes propagate, hatch, breed, rear and farm the animal; and
(b)for any plant, includes —
(i)plant a seed, seedling or cutting of the plant or transplant the plant;
(ii)nurture, tend to or grow the plant;
(iii)harvest the plant;
(iv)hydroponically cultivate the plant; and
(v)cultivate the plant with the application of an artificial source of light or heat;
“current”, in relation to any FSSA authorisation, means an FSSA authorisation that is in effect and is neither suspended, revoked nor cancelled;
“deal with”, in relation to any thing, includes —
(a)moving, altering or interfering with the thing in any physical manner; and
(b)supplying the thing or otherwise entering into a transaction whereby the ownership of the thing, or of any beneficial interest in the thing, passes from one person to another;
“defined food” has the meaning given by section 13(1);
“director” has the meaning given by section 4(1) of the Companies Act 1967;
“Director‑General” means the Director‑General, Food Administration appointed under section 277(1);
“Director‑General, Food Security” means the Director‑General, Food Security appointed under section 274(1);
“Director‑General of Health” has the meaning given by section 2 of the Infectious Diseases Act 1976;
“disclose”, in relation to information, includes to make available to or provide access to the information;
“disruptive event” means any of the following occurrences happening in Singapore or outside Singapore, whether natural or caused by human acts or omissions:
(a)an epidemic or a pandemic, the spread of any disease affecting food producing animals, an infestation of pests or a similar health hazard to humans, animals or plants;
(b)a storm, storm tide, tsunami, flood, drought, an eruption or earthquake, a landslip or other occurrence of a similar kind;
(c)an explosion or a fire, a chemical, fuel or oil spill, a gas leak or a poor air quality episode involving smoke;
(d)a war, civil war, revolution, rebellion, insurrection or civil unrest arising therefrom, any hostile act by or against a belligerent power, any act of terrorism or other act of serious violence;
(e)an export ban of any goods (identifiable or in general) by a foreign country of indeterminate length;
(f)a strike, lockout, restraint of labour or other labour disturbance from any cause, whether partial or general;
(g)an accident associated with the operation of a conveyance that causes widespread or severe damage to the environment, widespread or severe property loss or damage, or widespread deviations in the international transport of goods;
“document” means any thing in which content (in whatever form) is recorded;
 
Examples
 
A letter, a menu, a catalogue, an email, a painting, a thumb drive, a film and a sound recording.
“donate” means —
(a)a person giving to another any thing for a charitable, benevolent, or philanthropic purpose without receiving any money or money’s worth; or
(b)a person giving for a charitable, benevolent, or philanthropic purpose, and without the person receiving any money or money’s worth, any thing donated by another,
but excludes an individual giving any thing to another individual as part of a personal relationship between them that is not commercial in nature;
“dressed” means the removal of parts of an animal after slaughter to prepare it for human consumption as food;
“drinking water” means —
(a)water that is intended for human consumption or for purposes connected with human consumption (such as the washing, preparation or cooking of food or the making of ice intended for human consumption, or for the preservation of unpackaged food), whether or not the water includes use for other purposes; or
(b)water held out as water in paragraph (a),
but does not include any water intended for consumption solely by animals;
“drinking water producer” has the meaning given by section 114(1);
“edible plant” means a species of plant that is capable of being consumed as food;
“egg” means the egg of any avian species that is capable of being consumed as food;
“egg product” means —
(a)the whole or part of the content of an egg with the shell removed, and in any form (including frozen, liquid, or dried); or
(b)any egg that is subject to a process of preserving or pickling;
“engage in conduct” means —
(a)to do an act or omit to do an act —
(i)on a single occasion; or
(ii)on a number of occasions over a period of time; or
(b)to both do an act and omit to do an act —
(i)on a single occasion; or
(ii)on a number of occasions over a period of time;
“entity” means —
(a)a body corporate (including a limited liability partnership);
(b)an unincorporated association;
(c)a partnership;
(d)a business trust;
(e)a body of individuals who together form a body; or
(f)a person other than an individual;
“examine” includes weigh, count, test and measure;
“export” does not include the taking out of Singapore of —
(a)any goods in transit without landing in Singapore; or
(b)any goods that are being transhipped;
“export” and “export‑controlled item” have the meanings given by section 42(1);
“failing”, for a controlled item, has the meaning given by section 42(1);
“farm management plan” has the meaning given by section 90;
“fish” means any species of fish (whether marine or freshwater), and includes —
(a)crustacea, shellfish, echinoderm, molluscs or any other form of aquatic life; and
(b)the roe or young of any fish;
“fish product” means any of the following intended for human consumption as food:
(a)any part of any fish;
(b)any product derived from processing or preserving fish;
(c)any product containing fish;
“food” has the meaning given by section 4;
“food additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packing, transport or storage of such food results, or may be reasonably expected to result, in it or its by‑products becoming directly or indirectly a component of such foods;
“food business” has the meaning given by section 5;
“food business licence” means a licence granted under Part 4 to carry on a licensable food business at the premises stated in the licence;
“food business licensee” means a holder of a current food business licence;
“food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, packaging, appliance or article that ⸺
(a)is used, or is designed or intended for use, in or in connection with the handling of food; and
(b)has or may have direct contact with food when it is used, in or in connection with the handling of food,
but excludes any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board;
“food control plan” has the meaning given by section 90;
“food inspector”, in relation to a provision of this Act, means an individual who is appointed under section 279(1) as a food inspector for the purposes of that provision;
“food premises” means premises in, on or from which a food business is carried on, even on an occasional basis, and includes —
(a)a tent, stall or other structure that is not permanently fixed to a site when it is used to carry on a food business (called a temporary food premises);
(b)any premises that is a vehicle; and
(c)a food vending machine,
but does not include any description of premises declared by the Minister, by order in the Gazette, not to be a food premises;
“food producing animal” means a species of animal that may be bred, raised or kept, or slaughtered, trapped or harvested —
(a)to produce food; or
(b)to be used as food,
but excludes any such animal when kept as a pet;
“food production substance” has the meaning given by section 12(3);
“food safety scheme” means any regulations made under section 310;
“food security” means a reasonable access to a range of foods that are safe, suitable and not defined food, and are of a sufficient quantity to meet the basic nutritional needs of Singapore’s communities;
“food security factors” has the meaning given by section 18(1);
“food security officer”, in relation to a provision of this Act, means —
(a)the Director-General, Food Security; or
(b)an individual appointed under section 275(1) as a food security officer for the purposes of that provision;
“food vending machine” means a machine or mechanical device that is used or capable of being used for selling or supplying any kind of food directly to a customer without the personal manipulation or attention of the seller, or the seller’s employee or agent, at the time of sale, but does not include a driverless vehicle that is capable, because of its construction, of carrying or serving ready‑to‑eat food for consumers’ immediate consumption at a place or premises where the food was prepared;
“food worker” means an individual who is or is to be employed by, or works or is required to work with or for, a proprietor of a food business in any capacity involving any of the following activities in the course of the operations of the food business:
(a)manufacturing food;
(b)preparing food;
(c)dishing up or plating (and not merely serving) food;
(d)any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this Act;
“foreign country” means a country outside Singapore;
“foreign food authority” means a national food authority of a foreign country whose functions correspond to that of the Agency under this Act;
“foreign government” means —
(a)the government of a foreign country;
(b)an authority or instrumentality of the government of a foreign country; or
(c)a foreign regional government body;
“fresh fruits and vegetables” means unprocessed and raw fruits and vegetables that are intended for human consumption as food;
“FSSA authorisation” means —
(a)a licence that may be granted under Part 3;
(b)a consignment permit;
(c)a food business licence to carry on a licensable food business at premises stated in the licence;
(d)an animal feed production licence;
(e)an appointment as a certified pesticide operator;
(f)a pre‑market approval; or
(g)a registration of a plant pesticide product under Part 11;
“general public” means the general public in Singapore and includes a section of the general public;
“genetically modified food” has the meaning given by section 13(3);
“goods” includes any food, food contact articles, animal feed and plant pesticides;
“goods in transit” means goods that are brought into Singapore solely for the purpose of taking them out of Singapore and that remain at all times on the conveyance that brought them into Singapore;
“grant”, for any FSSA authorisation, includes the following:
(a)granting on renewing the FSSA authorisation;
(b)treating under the Second Schedule as granted under any provision of this Act;
“handling”, in relation to food, has the meaning given by section 9;
“hazard” has the meaning given by section 125(2);
“holder”, for an FSSA authorisation, means the person to whom the FSSA authorisation is granted;
“home”, of an individual, means the individual’s ordinary place of residence in Singapore;
“identification card” —
(a)in relation to a food security officer, means an identification card issued under section 281(1) to the food security officer;
(b)in relation to an authorised officer or a food inspector, means an identification card issued under section 282(1) to the authorised officer or food inspector;
(c)in relation to an outsourced enforcement officer, means an identification card issued under section 285(3) to the outsourced enforcement officer; or
(d)in relation to a Part 9 enforcement officer, means an identification card issued under section 175(4) to the Part 9 enforcement officer;
“import” and “import‑controlled item” have the meanings given by section 42(1);
“insect‑like species” means a form of animal life within the biological classification Insecta, Arachnida, Myriapoda or Clitellata, and includes an insect-like species at a particular stage of its development;
“inspection scheme” means an inspection scheme set out in any inspection scheme regulations;
“inspection scheme regulations” means any regulations made under section 71;
“intended use”, in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification;
“label”, in relation to any goods, includes any tag, brand, stamp, mark, stencil or written statement, any representation or design, or any descriptive matter, that —
(a)is attached to, annexed or affixed to the goods or any container or packaging of or thing used in connection with the goods;
(b)is written, printed, stamped or located on the goods or any container or packaging of or thing used in connection with the goods;
(c)is determined on the basis of anything encoded on or in relation to the goods;
(d)is displayed or used in connection with, or is accompanying, the goods or anything on which the goods are mounted for display or exposed for supply; or
(e)is otherwise applied to the goods or any container or packaging of or thing used in connection with the goods in a manner from which it may reasonably be inferred that it is applicable to those goods,
and includes a label that is partly obscured by another label that is written, stamped or located partly over the firstmentioned label;
“labelling requirement”, for any food or agri‑food production input, means a regulation made under section 309(2) in relation to that food or agri‑food production input;
“land” includes —
(a)any structure or premises in, under or over land;
(b)any foreshore;
(c)any land that is underwater; and
(d)any open space;
“licence” means a licence granted or deemed granted under this Act;
“licensable activity” has the meaning given by section 230;
“licensable food business” has the meaning given by section 6;
“licensed exporter” has the meaning given by section 42(1);
“licensed importer” has the meaning given by section 42(1);
“limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005;
“lot” has the meaning given by section 42(1);
“meal” means food that —
(a)is, or is intended to be, eaten by an individual sitting at a table, or a fixed structure used as a table; and
(b)is of adequate substance as to be ordinarily accepted as a meal;
“meat” means raw food that is the whole or any part of the carcass of a slaughtered animal (including edible offal) after it is dressed, whether fresh or after freezing or chilling, but does not include any hide, tallow, meat product, fish or fish product;
“meat processing” means —
(a)the production of meat products from slaughtered animals —
(i)by mixing meat with another meat or any other substance; or
(ii)by cutting, mincing, curing, boning, drying, smoking, preserving, salting, fermenting or otherwise treating, meat after slaughter;
(b)the storage or packing of any meat or meat product; or
(c)any other activity that is prescribed by the Minister, by order in the Gazette, for the purpose of this definition where the activity involves meat;
“meat product” means any of the following intended for human consumption as food:
(a)any product wholly or partially prepared or made from meat;
(b)any product in paragraph (a) which is partially processed, prepared for further processing or fully processed, by any method mentioned in paragraph (a) of the definition of “meat processing”,
but does not include any of the following:
(c)fish or a fish product;
(d)the whole or part of an animal, or a product resulting from the processing or preserving of meat, that is or is of a class excluded by the Minister, by order in the Gazette, from this definition;
“medical practitioner” means an individual who is a legally qualified medical practitioner;
“menu” means a menu, in printed or electronic form, that —
(a)lists or otherwise shows one or more items of food; and
(b)is either —
(i)on a board, screen, poster, leaflet or similar thing in or at the premises from which the items of food shown on the menu are sold; or
(ii)displayed on an online location of a person who sells, or causes to be sold, the items of food online,
and includes any other document that is prescribed in any regulations made under this Act;
“Minister” means —
(a)except as provided in paragraph (b), the Minister charged with the responsibility for food safety and food supply resilience and sustainability; or
(b)for the purposes of Part 9 and any Part 9 Regulations, the Minister charged with the responsibility for health promotion;
“mobile home” means a conveyance, other than a vessel —
(a)that is ordinarily used as an individual’s home; and
(b)that is permanently or semi‑permanently stationary in a single place in Singapore;
“modification” or “modify”, in relation to the conditions of any licence, includes deleting, or varying and substituting a condition, and adding a condition;
“motor vehicle” means a vehicle that —
(a)is propelled wholly or partly by a motor or by any means other than human or animal power; and
(b)is used or intended to be used on any road,
and includes a motor vehicle that is constructed to drive itself, and a mobility scooter, motorised wheelchair, power‑assisted bicycle or personal mobility device within the respective meanings given by the Active Mobility Act 2017;
“movement control direction” means a written direction described in section 126 that is given —
(a)under section 125; or
(b)under section 134 in relation to animal feed;
“MSR” or “minimum stockholding requirement” has the meaning given by section 18(1);
“MSR activity” and “MSR product” have the meanings given by section 18(1);
“MSR charge” means an amount calculated in accordance with section 29(3) or 30(3);
“non‑retail food business” means a food business that is not a retail food business, and includes a food business a component of which involves a retail food business provided that the component is ancillary or incidental to the non‑retail food business;
“notice” does not include giving notice orally;
“novel food” has the meaning given by section 13(3);
“offence under this Act” includes an offence under any subsidiary legislation made under this Act;
“officer” —
(a)in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —
(i)any person purporting to act in any such capacity; and
(ii)for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
(b)in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —
(i)any person holding a position analogous to that of president, secretary or member of the committee of the unincorporated association; and
(ii)any person purporting to act in any such capacity; and
(c)in relation to a partnership (including a limited partnership), a partner of the partnership,
and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;
“officer of customs” has the meaning given by section 3(1) of the Customs Act 1960;
“online location” means any internet domain, website, webpage, chatroom, channel, group, forum or any other location, that can be accessed by means of the internet;
“online material” means content (including any computer program, machine code and internet link) that can be accessed at an online location by means of the internet;
“outdated”, in relation to any food in or from a package, has the meaning given by section 12(3);
“outsourced enforcement officer” means an individual who is appointed under section 285(1) as an outsourced enforcement officer;
“owner”, in relation to any food, includes any person (other than an officer of customs or an authorised officer) being or holding himself or herself out to be the owner, importer, consignee, agent or person having control of, a beneficial interest in, or the power of disposition over, the food;
“pack” includes re‑pack;
“packaged food” means food that is encased, covered, enclosed, wrapped, bottled, contained or packed in a closed packaging intended for retail sale;
“packaging”, as a noun, includes any thing in or by which goods intended for supply are wholly or partly encased, covered, enclosed, wrapped, bottled, contained or packed; and if the goods are carried or supplied or intended to be carried or supplied in more than one packaging, includes each of the packaging, but does not include any of the following:
(a)bulk cargo containers;
(b)pallet overwraps;
(c)crates and packaging that do not obscure labels on the goods;
(d)vehicles;
“Part 2 Rules” means any rules made under section 40;
“Part 6 Regulations” means any regulations made under section 312;
“Part 7 direction” means a direction made by the Director‑General under Part 7;
“Part 9 enforcement officer”, in relation to a provision of this Act, means an individual appointed under section 175(1) as a Part 9 enforcement officer for the purposes of that provision;
“Part 9 Regulations” means any regulations made under section 174;
“partner”, in relation to a limited partnership, includes a limited partner in the limited partnership;
“pest”, in relation to a plant, means any invertebrate, plant or other living thing (other than a human) that injuriously affects or is capable of injuriously affecting the physical condition, worth or utility of the firstmentioned plant;
“pesticide control regulations” means any regulations made under section 314;
“pet” means any animal which —
(a)is in a domesticated state or under the control of humans, regardless of whether animals of its species are classified at common law as being of a tame or domestic nature (such as pet herpetofauna);
(b)is a species ordinarily kept by an individual in his or her private residence; and
(c)is not kept for the purpose of human consumption;
“physical harm” includes any illness and any injury;
“place” means any land, premises or conveyance, or a part of any land, premises or conveyance;
“plant”, as a noun, means —
(a)any species of plant (whether living or dead);
(b)any vegetable, fruit, flower, leaf, stem, branch, bulb, spore, seed, root, cutting, graft, scion and any other part (whether severed or attached) intended for propagation or from which further plants may be propagated; or
(c)any mushroom or cyanobacteria,
and includes any part of a plant;
“plant pesticide” means a substance or a mixture of substances that is represented, imported, supplied or prepared, or used in the course of cultivating plants, as a means of directly —
(a)destroying, repelling, inhibiting the feeding of, or preventing infestation by or attacks of, any pest in relation to a plant;
(b)destroying a plant;
(c)modifying the physiology of a plant or pest so as to alter its natural development, productivity, quality or reproductive capacity; or
(d)attracting a plant pest for the purpose of destroying it,
but does not include any substance or mixture of substances declared by the Minister, by order in the Gazette, not to be a plant pesticide;
“plant pesticide product” means an item of plant pesticide that is manufactured for sale or to be made available for sale;
“poultry” means a chicken, turkey, duck, goose, quail, squab, guinea fowl or pheasant;
“pre‑market approval” has the meaning given by section 105;
“premises” means —
(a)any place in Singapore —
(i)whether enclosed or not;
(ii)whether built on or not; and
(iii)whether underground or underwater; or
(b)any conveyance in Singapore,
and includes any part of such a place or conveyance;
“prepacked”, in relation to food, means food that is sealed or packed in the package in which the food is to be supplied;
“prepare”, in relation to food, has the meaning given by section 10(3);
“prescribed infectious disease” means —
(a)any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976;
(b)any skin disease which is likely to be contagious; or
(c)any other disease prescribed by the Minister, by order in the Gazette, to be an infectious disease for the purposes of this Act;
“prescribed pesticide work” has the meaning given by section 189(1);
“primary produce” has the meaning given by section 14;
“primary production activity” has the meaning given by section 15;
“private consumption” has the meaning given by section 44;
“private residence” means any of the following that is ordinarily used as an individual’s home, regardless that it is uninhabited from time to time:
(a)a building, structure or tent, or part of a building, structure or tent;
(b)a mobile home,
and includes any lawn, garden or surfaced or unsurfaced open space abutting that building, structure, tent or mobile home which is used or capable of being used lawfully and exclusively by the individual as part of the enjoyment of his or her home;
“proprietor”, for a food business, means —
(a)the person carrying on the food business; or
(b)if the person in paragraph (a) cannot be identified, the person in charge of the food business;
“proscribed substance”, in relation to a particular animal feed, means a substance that is prohibited under the animal feed regulations with respect to the particular animal feed;
“provision of this Act” includes a provision of any subsidiary legislation made under this Act;
“public authority” means any body established or constituted by or under any public Act to perform a public function, but excludes a Town Council;
“public interest of Singapore” includes in the interest of the security of Singapore or any part of Singapore;
“public place” means —
(a)any place in Singapore (open to the air or otherwise) to which members of the general public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, and whether or not access to the place may be restricted at particular times or for particular purposes; or
(b)a part of a place in Singapore that the occupier of the place allows members of the general public to enter, but only while the place is ordinarily open to members of the general public;
“Public Utilities Board” means the public authority of that name continued under section 3 of the Public Utilities Act 2001;
“ready‑to‑eat”, in relation to food, means food that does not necessarily require any further preparing before human consumption as food, and includes cup noodles, fruit juice cordial, squash or syrup, powdered beverages and other concentrated food which are meant to be reconstituted or diluted with fluids before consumption;
“registered”, in relation to a food worker, means registered by the Agency as a trained food worker, either generally or in relation to a particular licensable food business;
“registered plant pesticide product” means a plant pesticide product that is registered under Division 3 of Part 11;
“regulated food contact article” means a food contact article prescribed by the Minister, by order in the Gazette, as a regulated food contact article;
“repealed law” means any of the following:
(a)the Sale of Food Act 1973;
(b)the Wholesome Meat and Fish Act 1999;
“requirement of this Act” means —
(a)a requirement of or under any provision of this Act;
(b)a requirement of a section 116 direction or a Part 7 direction; or
(c)a requirement of a notice given under any provision of this Act;
“restrict” includes allow on conditions;
“retail food business” means a food business involving —
(a)the preparation of food for direct retail sale to consumers (other than as part of paragraph (b) or (c));
(b)the sale, preparation or serving, of food that is ready‑to‑eat for consumers’ immediate consumption at the place, on delivery, when taken away, or from mobile or vehicle-based businesses that prepare such food;
(c)the sale, preparation or serving, of —
(i)ready‑to‑eat food for consumers’ immediate consumption at a place or premises other than where the food was prepared; or
(ii)food at a place or premises of the consumer’s choosing for the consumer’s immediate consumption at that place or premises; or
(d)the handling (without any preparation) of food for direct retail sale to consumers (other than as part of paragraph (b) or (c)) at the place or when taken away;
“sample” includes —
(a)a specimen; and
(b)a part of a sample (including a part of a specimen mentioned in paragraph (a));
“section 116 direction” means a written direction under section 116(2);
“service”, as a verb and in relation to a food vending machine, means to stock or replenish that machine with food;
“SFA officer” means —
(a)an employee of the Agency; or
(b)a public officer, or an employee of another public authority, for the time being performing duties in the Agency under a contract, or under an arrangement (such as a secondment) making available temporarily to the Agency the services of the public officer or the other public authority’s employee;
“slaughter”, for an animal, means to kill the animal for human consumption, and includes the killing of the animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food;
“standard” means a standard made under section 309(1);
“stated”, in relation to an FSSA authorisation, means specified or described in the FSSA authorisation;
“structure” does not include a conveyance;
“substance” includes —
(a)any gas, liquid or solid;
(b)any organism or part of an organism;
(c)any material that is produced from an organism;
(d)any matter whose production involves the use of an organism;
(e)any radioactivity or electromagnetic radiation; and
(f)a combination of substances;
“supervising”, in relation to the engaging in any conduct or carrying out of work (including an analysis) by an individual (A), means —
(a)observing or monitoring the conduct being engaged in or work being carried out by A to the extent necessary to enable the observer or monitor to form an opinion as to whether the conduct or work is being engaged in or carried out properly; and
(b)being available to give advice to, and answer questions about the work from, A when A is engaging in that conduct or carrying the work out;
“temporary fair” means a fair, function or activity, the promoting, organising or staging of which requires a permit under section 35 of the Environmental Public Health Act 1987;
“tranship” and “transhipment‑controlled item” have the meanings given by section 42(1);
“transport”, as a verb, means to carry on any conveyance in the course of a business, and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit;
“unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose;
“unmanned aircraft” has the meaning given by section 2(1) of the Air Navigation Act 1966;
“unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel;
“unregistered plant pesticide” means a plant pesticide that is not a registered plant pesticide product, and includes a plant pesticide product the registration of which is wholly suspended under section 209(2);
“unsafe” —
(a)in relation to food, has the meaning given by section 11; and
(b)in relation to primary produce, has the meaning given by section 14(3);
“unsuitable”, in relation to food, has the meaning given by section 12;
“unwholesome”, in relation to non‑packaged drinking water, has the meaning given by section 115(4);
“use”, for a plant pesticide, means using in such a way that one or more plants are exposed to it, and includes —
(a)applying, spraying, spreading or dispersing the plant pesticide by any means on plants;
(b)keeping the plant pesticide for any activity in paragraph (a); or
(c)preparing the plant pesticide for any activity in paragraph (a);
“vehicle” means any vehicle (whether mechanically propelled or otherwise) that runs on wheels and is designed to transport goods, people or goods and people, on land, but excludes a train or rolling stock;
“vessel” means a boat, launch or floating craft used in navigation by water, however propelled or moved, and includes an unmanned vessel and a floating facility;
“veterinary drug” has the meaning given by section 12(3).
(2)  For the purposes of this Act and without limiting the generality of the definition of “content” in subsection (1) —
(a)any content consisting of or including a hyperlink is taken to include the content that may be accessed directly via the hyperlink; and
(b)any content consisting of or including an image or item on which data is stored electronically (such as a QR code) is taken to include content that may be accessed directly by means of the image or item.
(3)  For the purposes of this Act and without limiting the generality of the definition of “label” in subsection (1), the following content is taken to be a label:
(a)any content that may be accessed directly via a hyperlink comprised in any content on or in a label;
(b)any content that may be accessed directly by means of an image or item on or in a label on which data is stored electronically (such as a QR code).
(4)  For the purposes of this Act, a label is attached to a container or packaging of goods if the label is securely attached or affixed to, appears on, or is included with, the container or packaging, and —
(a)a reference to a label attached to a container or packaging includes a reference to writing appearing on the container or packaging; and
(b)a reference to attaching a label to a container or packaging includes a reference to putting writing on the container or packaging.
(5)  In this Act, the power to require a person to provide any information includes the power —
(a)to require that person to produce or grant access to the information;
(b)to require that person to provide an explanation of the information;
(c)if the information is not produced, to require the person to state, to the best of the knowledge and belief of that person, where it is;
(d)if the information is recorded otherwise than in legible form, to require the information to be made available in legible form; and
(e)if the information required to be provided is not in English, to require the person to arrange for an accurate translation to be done at the cost of that person.
(6)  Where —
(a)by or under any provision in this Act or any direction given under this Act, an act or thing is required or directed to be done within a particular period or before a particular time;
(b)failure to do that act or thing within the period or before the time mentioned in paragraph (a) constitutes an offence; and
(c)that act or thing is not done within the period or before the time mentioned in paragraph (a),
the obligation to do that act or thing continues, even though that period has expired or that time has passed, until that act or thing is done.
(7)  In this Act, an officer of a public authority includes a public officer, or an employee of another public authority, for the time being performing duties in the firstmentioned public authority under a contract, or under an arrangement (such as a secondment) making available temporarily to the firstmentioned public authority the services of the public officer or the other public authority’s employee.
(8)  In determining for the purposes of this Act whether a person is physically present in Singapore, it is to be assumed that the person will not falsify or conceal the person’s identity or location.
Meaning of “food”
4.—(1)  In this Act, “food” includes the following:
(a)any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared);
(b)any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or food additive in a substance or thing referred to in paragraph (a);
(c)any substance used in preparing a substance or thing referred to in paragraph (a) (other than a substance used in preparing a living thing);
(d)chewing gum or an ingredient or food additive in chewing gum, or any substance used in preparing chewing gum;
(e)any substance or thing declared by the Minister, by order in the Gazette, to be a food.
(2)  Without limiting subsection (1), “food” includes —
(a)fresh fruits and vegetables;
(b)other plants intended for human consumption (including seeds that are intended to be sprouted and consumed as sprouts) but not plants intended for propagation or from which further plants may be propagated;
(c)packaged drinking water;
(d)any thing that is or is intended to be mixed with or added to any food or drink;
(e)meat and meat products;
(f)fish and fish products; and
(g)eggs and egg products.
(3)  Despite subsection (1), this Act does not apply to any of the following:
(a)any health product within the meaning of section 2(1) of the Health Products Act 2007;
(b)any substance that is a medicinal product within the meaning of section 3 of the Medicines Act 1975;
(c)any thing that is or contains any controlled drug, psychoactive substance, controlled material or controlled substance within the meaning of section 2 of the Misuse of Drugs Act 1973;
(d)any poison within the meaning of section 2 of the Poisons Act 1938, and which is represented for use in a manner not ordinarily associated with food for human consumption or with supplementing human dietary intake;
(e)any cosmetics;
(f)any thing that is or contains any tobacco product or tobacco substitute within the meaning of section 2(1) of the Tobacco (Control of Advertisements and Sale) Act 1993;
(g)any packaging (except edible packaging);
(h)any thing that is or contains any animal feed;
(i)any thing that is or contains any substance or thing declared by the Minister, by order in the Gazette, not to be food for the purposes of this Act.
(4)  A substance, thing or chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption.
(5)  To avoid doubt, “food” may include live animals and plants.
Meaning of “food business”
5.—(1)  In this Act, “food business” means a business or an undertaking or activity that involves —
(a)the production of primary produce;
(b)the handling of food intended for supply or for export; or
(c)the supply of food,
regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or the supply of food on one occasion only.
(2)  To avoid doubt, a “food business” includes a food business carried on as a home business or that is an occupation carried on by an individual within the individual’s private residence.
(3)  However, a “food business” does not include a business or an undertaking or activity —
(a)that carries on any other business besides trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, premises or a place (including mobile premises) or services (such as an internet service provider or an online auction location);
(b)that provides, for reward, services in connection with or for the purpose of trading in food (such as an event organiser or an organiser of a market at which food is sold);
(c)that consists of producing and providing non‑packaged drinking water as a drinking water producer; or
(d)that is declared by the Minister, by order in the Gazette, not to be a food business for the purposes of this Act.
(4)  A reference in this Act to the proprietor of any food business is a reference to —
(a)in the case of a licensable food business at any premises — the holder of a food business licence to carry on the licensable food business at those premises; and
(b)in the case of any other food business at any premises — the occupier of those premises at, on or from which that food business is carried on.
Meaning of “licensable food business”
6.—(1)  In this Act, a “licensable food business” means a food business in Singapore that falls within a class of retail food business or non‑retail food business that is specified in the First Schedule.
(2)  The Minister may, by order in the Gazette, amend the First Schedule —
(a)by deleting a class of food business in the First Schedule;
(b)by varying the description of a class of food business or replacing a class of food business in the First Schedule; or
(c)by adding a class of food business to the First Schedule.
(3)  Before amending the First Schedule with respect to any class of food business, the Minister must take into account the following factors:
(a)the risk to public health and the need to prevent or reduce the possibility of a serious danger to public health if the class of food business is not specified in the First Schedule;
(b)whether there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health if the class of food business is not specified in the First Schedule;
(c)the kind of food handled or likely to be handled, and the manner and scale of food handling, when carrying on the class of food business;
(d)the components ordinarily operated as part of that class of food business;
(e)the type and number of ultimate consumers ordinarily sold or supplied food by or from the class of food business;
(f)any other matter or evidence as may be relevant for the purposes of section 2(c).
Meanings of “publish in Singapore”, “advertise” and associated terms
7.—(1)  In this Act, “publish in Singapore”, in relation to any content, means communicating, distributing, or making available or making known, the content to the general public, in whatever form and by whatever means, such as (but not limited to) —
(a)including the content in a newspaper, magazine, leaflet, brochure, ticket or other document that is available, or distributed, to the general public;
(b)including in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the general public;
(c)publicly displaying the content, or something that contains the content, in Singapore;
 
Examples
 
A blimp, a gas‑inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed.
 
An animated billboard.
 
A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service, where the monitor, screen, panel or appliance is situated on common property.
(d)leaving the content, or something containing the content, in such a position in a public place and in such circumstances as to indicate that it is intended to be available for collection by members of the general public who are in a public place;
(e)selling, hiring out or supplying the content, or something containing the content, to the general public, or offering the content, or something containing the content, for sale or supply to, or hire by, the general public;
(f)posting the content as online material, to which any person physically present in Singapore is capable of having access through the internet;
(g)providing the content on or by any service that —
(i)is a social media service, a relevant electronic service or a telecommunication service (such as but not limited to SMS and MMS); and
(ii)is —
(A)between a point in Singapore and one or more other points in Singapore; or
(B)between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore,
so that the content is accessible to or delivered to, one or more users of the service who are physically present in Singapore;
(h)direct marketing of the content to any individuals physically present in Singapore; or
(i)publishing the content on an app to which any person physically present in Singapore is capable of having access through the internet.
(2)  In this Act, “advertise” or “advertising” as a verb, means to publish, or to cause or authorise to be published, any advertisement in Singapore.
(3)  For the purposes of this Act and without limiting the generality of the definition of “advertise” or “advertising” in subsection (2), a person is to be treated as causing or authorising to be published, content in Singapore if the person —
(a)pays for, commissions, or authorises the content, or something that contains the content, to be published in Singapore; or
(b)receives consideration for the display, placement or location of the content, or something that contains the content, in a manner described in subsection (1), where the display, placement or location of the advertisement is determined by systems or processes that are agreed between the parties entering into the contract relating to the advertisement.
(4)  However, none of the following, of itself, amounts to advertising by an individual or a person concerned:
(a)an individual communicating —
(i)to the general public his or her personal opinion in relation to any goods or services or any person who provides goods or services; and
(ii)without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication;
(b)an individual communicating any content, or something that contains content, that is online material produced entirely by another person in either of the following ways, without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication:
(i)by using —
(A)a social media service;
(B)a relevant electronic service; or
(C)a telecommunication service (such as but not limited to SMS and MMS);
(ii)by —
(A)forwarding the content, or the something that contains the content, to; or
(B)sharing the content or the something that contains the content with,
other users of the service without altering the content;
(c)an individual expressing through a functionality of a social media service or a relevant electronic service, his or her view about any content, or something that contains any content, that is content produced entirely by another person, being a functionality which enables an end‑user of the service to do anything as follows:
(i)apply a “like” or “dislike” button or other similar button;
(ii)apply an emoji or symbol of any kind;
(iii)engage in yes/no voting;
(iv)rate or score the content in any way;
(d)a person providing a service (such as a search engine service) that enables end-users of a social media service, a relevant electronic service or a telecommunication service to search online locations or online material, index search results or otherwise retrieve information or material from the search results;
(e)a proprietor of any food business displaying or exhibiting, or causing or allowing to be displayed or exhibited, any words or symbols that appear in or on any premises occupied by the proprietor and that relate to the food business, including a menu relating to that food business;
(f)2 or more persons communicating content between themselves that is of a private or domestic nature, by using —
(i)a social media service;
(ii)a relevant electronic service; or
(iii)a telecommunication service (such as but not limited to SMS and MMS);
(g)engaging in any other conduct specified or described by the Minister, by order in the Gazette.
(5)  In this section —
“a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else;
“access”, in relation to any content that is online material or an online location, means to read, view, hear or otherwise experience the content, and includes —
(a)access that is subject to a precondition, such as the use of a password;
(b)access by way of push technology;
(c)access by way of a standing request; and
(d)access for a limited period of time only;
“advertisement” means any content that can reasonably be regarded as intended to promote, directly or indirectly —
(a)the sale of any goods or services; or
(b)the sale of any brand of goods or services,
but excludes a label unless included as an “advertisement” by regulations made under this Act;
“app” means an application software package that includes content accessible by end‑users, or allows end‑users to access content on the internet through the installed application software;
“direct marketing” means the sending of direct marketing material directly to an individual by direct means (such as an email, SMS or MMS) other than by an excluded electronic service;
“direct marketing material” means any content where, having regard to the nature of the content, the way in which the content is presented, and the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the content, it would be concluded that the purpose, or one of the purposes, of the content is to advertise or promote —
(a)the sale of any goods or services; or
(b)the sale of any brand of goods or services;
“excluded electronic service” means —
(a)an electronic service where the only user‑generated content enabled by that service is one‑to‑one live aural communications;
(b)an electronic service where the only user‑generated content enabled by that service is communication between 2 or more persons that is of a private or domestic nature; or
(c)an electronic service where the user‑generated content enabled by that service is accessible substantially or only to a closed group of persons employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business;
“MMS” means a service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile phone to another mobile phone through a telecommunication service;
“point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously;
“posting”, by a person of any content as online material, means the person causing the content to be accessible to, or delivered to, one or more other persons who can access the content through the internet;
“publicly display”, for any content, means to display, exhibit, screen or project the content —
(a)in a public place in order that another person may see the content;
(b)in or on a conveyance (whether mobile or stationary) which is used to provide a public passenger transport service and is in a public place, in order that another person may see the content; or
(c)in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place;
“public passenger transport service” means a service involving the transport of passengers within, or partly within, Singapore for hire or reward, by —
(a)a motor vehicle;
(b)a train (including rolling stock); or
(c)a vessel,
but does not include a service that provides transport by a motor vehicle that is generally conducted on land that is not a road;
“relevant electronic service” means any of the following electronic services that is supplied to the general public, and is not an excluded electronic service:
(a)an electronic service that enables end‑users to communicate, by means of email, with other end‑users;
(b)an online instant messaging service that enables end‑users to communicate with other end‑users;
(c)a service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser;
(d)a point‑to‑multipoint service;
“SMS” means a service that enables the transmission of short text messages from an end‑user on a mobile phone to another mobile phone through a telecommunication service;
“social media service” has the meaning given by section 45T(1) of the Broadcasting Act 1994;
“telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999.
(6)  For the purposes of this section, whether any communication of content on or by a service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors:
(a)the number of individuals in Singapore who are able to access the content by means of the service;
(b)any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service);
(c)the relationship between the persons that the content is being or has been communicated;
(d)any other relevant factor.
Meanings of “sell” and “supply”
8.—(1)  In this Act, “sell”, in relation to food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to food for handling or for human consumption:
(a)sell or re‑sell;
(b)barter;
(c)receive, or having in possession, for sale;
(d)display for sale;
(e)send, forward or deliver for sale;
(f)dispose of by any method for valuable consideration;
(g)dispose of to an agent for sale on consignment;
(h)provide as a refreshment or a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work;
(i)offer or give away for the purpose of advertising or in furtherance of any trade or business;
(j)provide under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food provided and the accommodation, service or entertainment;
(k)provide food (whether or not for consideration) in the course of providing services —
(i)to patients in hospitals, hospices and other residential care facilities like nursing homes;
(ii)to children or other individuals in the care or custody of the provider by virtue of any Act; or
(iii)to prisoners or inmates in prisons or other places for the detention of individuals under any Act;
(l)dispose of by way of raffle, lottery or other game of chance;
(m)offer as a prize or reward.
(2)  In this Act, “sell”, in relation to any other object or thing which is not food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to the object or thing:
(a)sell or re‑sell;
(b)barter;
(c)receive, or having in possession, for sale;
(d)display for sale;
(e)send, forward or deliver for sale;
(f)dispose of by any method for valuable consideration;
(g)dispose of to an agent for sale on consignment;
(h)offer or give away for the purpose of advertising or in furtherance of any trade or business;
(i)dispose of by way of raffle, lottery or other game of chance;
(j)offer as a prize or reward.
(3)  In this Act, “supply” —
(a)in relation to food, includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to food for handling or for human consumption:
(i)sell;
(ii)donate, or give to another without receiving any money or money’s worth;
(b)in relation to non-packaged drinking water, has the meaning given by section 114(1); and
(c)in relation to an object or a thing not in paragraphs (a) and (b), includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to the object or thing:
(i)sell;
(ii)donate, or give to another without receiving any money or money’s worth.
(4)  For the purposes of this Act —
(a)food, an object or a thing that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertising or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food, object or thing;
(b)food, an object or a thing that is donated to a person who distributes food, objects or things for a charitable, benevolent or philanthropic purpose is not to be taken to be food, an object or a thing that was given away for the purpose of advertising or in furtherance of trade or business;
(c)food, an object or a thing that is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises;
(d)food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as food for sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and
(e)food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as food sold, offered for sale, or displayed for sale, for human consumption.
(5)  Despite subsections (1), (2) and (3), this Act does not extend to the following:
(a)exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature;
(b)giving food, an object, or a thing to another individual as part of a personal relationship between individuals that is not commercial in nature;
(c)providing food together with accommodation to an individual residing at another individual’s private residence in exchange for services or labour by the firstmentioned individual.
Meaning of “handling” food
9.  In this Act, “handling”, in relation to food, includes any one or more of the following activities:
(a)preparing or manufacturing the food;
(b)processing the food;
(c)storing, packing or labelling the food;
(d)transporting or delivering the food;
(e)displaying the food;
(f)dishing up or plating the food;
(g)serving the food;
(h)supervising the performance of any activity in paragraph (a), (b), (c), (d), (e), (f) or (g) by another individual;
(i)any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this section.
Meanings of “manufacturing” and “preparing” food
10.—(1)  In this Act, “manufacture”, in relation to food, includes any one or more of the following:
(a)making food by combining ingredients;
(b)significantly changing the condition or nature of food by any process;
 
Illustrations
 
Preserving or pickling vegetables.
 
Milling flour.
 
Peeling, cutting or freezing fruits.
 
Extracting oil from seeds.
 
Baking.
 
Extracting protein from cells.
(c)bottling or canning food, including bottling water;
(d)packing unpackaged food, other than unprocessed primary produce;
(e)making ice;
(f)sterilising, fermenting, pasteurising or freeze‑drying food;
(g)dismembering, filleting, peeling or shucking seafood;
(h)boiling crustacea;
(i)dairy processing;
(j)meat processing or other processing of food.
(2)  However, “manufacture”, in relation to food, does not include any of the following:
(a)preparing food at a particular place for retail sale at the place, including sale for immediate consumption;
 
Illustrations
 
Cooking food at a restaurant for sale to a diner in the restaurant.
 
Assembling and packing sandwiches in a package at a fast‑food outlet for retail sale at the outlet.
(b)preparing food in the course of a food business that is or consists of a catering service;
(c)making ice at a particular place for use at the place;
(d)changing the condition of food merely by changing its temperature.
 
Illustration
 
The retail sale by a convenience store of a chilled or frozen meal that is pre‑prepared by an entity other than the convenience store proprietor, after the meal is heated by the convenience store proprietor or the consumer, on the premises of the convenience store, according to the instructions of the entity.
(3)  In this Act, “prepare”, in relation to food, means —
(a)to undertake any activity mentioned in subsection (2)(a), (b) or (c); or
(b)to cut, chop, mince, grate, cook, thaw, heat, dry or wash food, or engage in any conduct mentioned in subsection (1), at a particular place in order to prepare it for sale or supply by retail at the place.
Illustrations
Cutting, or crushing of fruit or vegetables for juice, at a place for sale for immediate consumption or to takeaway.
Mixing or brewing of tea or coffee on the order of a customer for immediate consumption or to takeaway.
Cooking carried out in premises for sale, and served, on the order of a customer, predominantly for immediate consumption.
(4)  In this section —
“dairy processing” includes —
(a)the storage of milk on the premises at which the animals were milked for further processing;
(b)the manufacture of dairy products; and
(c)the pasteurisation or homogenisation of milk;
“dairy product” includes —
(a)milk;
(b)colostrum;
(c)a liquid milk product;
(d)cream and thickened cream;
(e)butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil);
(f)casein, caseinate and cheese;
(g)whey, whey cream and concentrated whey cream;
(h)cultured milk and yoghurt;
(i)ice‑cream and ice‑cream mix; and
(j)buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates.
Meaning of “unsafe” food
11.—(1)  For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause physical harm to an individual who might later consume it, assuming —
(a)it was, after that particular time and before being consumed by the individual, properly subjected to all processes (if any) that are relevant to its reasonable intended use;
(b)nothing happened to it after that particular time and before being consumed by the individual that would prevent it being used for its reasonable intended use; and
(c)it was consumed by the individual according to its reasonable intended use.
(2)  However, food is not unsafe for the purposes of this Act merely because —
(a)any individual objects to it because of personal preference;
(b)any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds;
(c)its consumption in inappropriate quantities may damage an individual’s health; or
(d)its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.
(3)  In subsection (1), the reference to processes includes a reference to processes involving storage.
Meaning of “unsuitable” food
12.—(1)  For the purposes of this Act, food is unsuitable if it is food that —
(a)is damaged, deteriorated or perished to an extent that affects its reasonable intended use;
(b)contains, or has attached to it or enclosed with it —
(i)any damaged, deteriorated, perished or contaminated substance or thing, to an extent that affects its reasonable intended use; or
(ii)any thing which is inedible, or is otherwise alien to the particular food;
(c)is the product of a diseased animal, or an animal that —
(i)has died otherwise than by slaughter; and
(ii)has not been declared by or under this Act or another Act to be safe for human consumption;
(d)has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use;
(e)is outdated food, or consists of or has as an ingredient that is outdated food;
(f)contains a food production substance which is not an approved food production substance for that food;
(g)contains an approved food production substance at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that food production substance; or
(h)contains —
(i)a proscribed contaminant or any residue of a proscribed contaminant; or
(ii)a restricted contaminant at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that restricted contaminant.
(2)  However, food is not unsuitable for the purposes of this Act merely because —
(a)at any particular time before it is sold for human consumption it contains an agricultural chemical or a veterinary drug;
(b)any individual objects to it because of personal preference;
(c)any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds;
(d)its consumption in inappropriate quantities may damage an individual’s health; or
(e)its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.
(3)  In this section —
“approved food production substance” means a food production substance which is prescribed in any standard as approved for food generally or for a particular food;
“contaminant”, for any particular food, means a substance not intentionally added to the food but is present in the food as a result of —
(a)the manufacture or preparation of the food, or its production if the food is primary produce;
(b)the transport or storing of the food; or
(c)environmental contamination,
but excludes any food production substance for that food and any whole or part of an insect, rodent hair and other like matter;
“food production substance”, for food, means any substance which —
(a)is intentionally added to food during the manufacture or preparation of the food, or its production if the food is primary produce; and
(b)is one of the following:
(i)a food additive;
(ii)a plant pesticide;
(iii)a veterinary drug,
and includes the residue of such a plant pesticide or veterinary drug;
“outdated”, in relation to any food in or from a package, means food that is unused or not consumed —
(a)within the period recommended by the manufacturer of the food; or
(b)before the end of the period that is required by any regulations made under Part 15 to be specified on the package of that food under a prescribed date marking requirement;
“proscribed contaminant”, for any particular food, means a contaminant that is prohibited under any standard with respect to the particular food;
“restricted contaminant”, for any particular food, means a contaminant that is allowed to be present in the particular food at no greater a level prescribed in any standard for that food;
“veterinary drug” means a substance that is represented as being suitable for, or that is manufactured, supplied or used for, administration or application to an animal by any means, or consumption by an animal, as a way of directly or indirectly —
(a)preventing, diagnosing, curing or alleviating a disease or condition in the animal or an infestation of the animal by a pest;
(b)curing or alleviating an injury suffered by the animal;
(c)modifying the physiology of the animal —
(i)so as to alter its natural development, productivity, quality or reproductive capacity; or
(ii)so as to make it more manageable; or
(d)modifying the effect of another veterinary drug.
Meaning of “defined food”
13.—(1)  For the purposes of this Act, food is defined food if the food —
(a)is, consists of or has as an ingredient a novel food in respect of which no pre‑market approval is granted;
(b)is, consists of or has as an ingredient a genetically modified food in respect of which no pre‑market approval is granted; or
(c)is, consists of or has as an ingredient, in any form (whether whole or in parts and whether fresh, chilled, frozen, dried, smoked, salted or in brine, or as flour) an edible insect‑like species which is not a catalogued insect‑like species.
(2)  The Agency may, with the approval of the Minister, by order in the Gazette, declare an edible insect‑like species as a catalogued insect‑like species where the Agency is satisfied that the insect‑like species, where made available for consumption by the general public, is not food of higher regulatory concern.
(3)  In this section —
“engineered nanomaterial” means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale;
“genetically modified food” means a food coming from an organism that has been altered using any of the following techniques, such that the resulting organism contains a combination of hereditable genetic material that could not have occurred naturally or could not have been produced by traditional breeding and selection:
(a)in vitro nucleic acid techniques, including recombinant nucleic acids and direct injection of nucleic acid into cells or organelles;
(b)fusion of cells beyond the taxonomic family,
and excludes any novel food and any food that is, consists of or has as an ingredient an insect‑like species which has not been so altered;
 
Example
 
Any animal, plant or micro‑organism which is modified by genetic engineering.
“novel food” means —
(a)a substance (which may consist of, be isolated from or produced from, cell culture or tissue culture derived from animals, plants, bacteria or yeast, fungi, algae or other micro‑organism) that has not been used to a significant degree as food for a period of at least 20 years, whether within or outside Singapore;
(b)a food that has been manufactured, prepared or preserved by a process that has not been previously used in food production for a period of at least 20 years, whether within or outside Singapore;
(c)a food consisting of, isolated from or produced from material of mineral origin that has not been previously used in food production for a period of at least 20 years, whether within or outside Singapore; or
(d)a food that contains or consists of engineered nanomaterials,
but does not include any food that is, consists of or has as an ingredient an insect-like species in any form.
Meanings of “primary produce” and “unsafe primary produce”
14.—(1)  “Primary produce” means —
(a)food produced by any primary production activity;
(b)an animal, plant or other organism intended for human consumption as food;
(c)raw material taken from an animal, a plant or any other organism intended for food; or
(d)a substance other than food —
(i)that is labelled as not intended for human consumption or for consumption by animals;
(ii)that the Minister is satisfied —
(A)is likely to be consumed by humans or animals; and
(B)if consumed by humans or animals — poses a hazard to the humans or animals; and
(iii)that is prescribed by the Minister, by order in the Gazette, to be primary produce for the purpose of this definition.
(2)  However, primary produce does not include a raw material mentioned in subsection (1)(c) unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism.
Example
A whole apple is an example of a raw material in substantially the same condition as when it was taken from a plant.
(3)  In this Act, “unsafe”, for primary produce, means —
(a)if the primary produce is ready for immediate human consumption as food — the primary produce, or food produced by a process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the primary produce or food if it is prepared, stored or consumed according to its reasonable intended use; or
(b)if the primary produce is not ready for immediate human consumption as food — food produced by the production of the primary produce, or another process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the food if it is prepared, stored or consumed according to its reasonable intended use.
(4)  For the purposes of this section and section 15, the nature of primary produce is substantially changed if —
(a)any thing done to the primary produce markedly increases its shelf life; or
(b)any food is added to it.
Meaning of “primary production activity”
15.—(1)  In this Act, “primary production activity” means the production of primary produce and includes the following:
(a)the growing, raising, cultivating, picking, harvesting, collecting or catching of animals, plants or other organisms intended for human consumption as food;
 
Examples
 
Engaging in agriculture, animal husbandry, aquaculture, orcharding, apiculture, or farming or harvesting of edible molluscs or catalogued insect‑like species.
(b)the sorting or grading of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises;
(c)the treating, freezing, packing, refrigeration, storage or washing of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises;
(d)the management and breeding of live animals for the production of primary produce;
(e)the transporting or delivery of primary produce within premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;
(f)any other activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this definition,
but excludes the slaughter of animals to produce meat or meat products, meat processing, production of animal feed and pet food production.
(2)  However, primary production activity does not include —
(a)any process involving significantly changing the condition or nature of food (for example, manufacturing or canning), regardless of whether the process is carried out in the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;
(b)the sale or service of food directly to the general public; or
(c)any other food production activity that is prescribed by the Minister, by order in the Gazette, for the purposes of this subsection.
(3)  In subsection (1)(c), treating of primary produce means —
(a)enhancing the appearance of the primary produce (such as by washing, waxing or oiling it) without substantially changing its nature; or
(b)dealing with the primary produce solely —
(i)to eliminate or control pathogenic organisms, toxins and contaminants in the primary produce; or
(ii)to ripen it.
Meanings of “animal feed” and associated terms
16.—(1)  In this Act, “animal feed” means —
(a)a live animal; or
(b)a material or a mix of materials (whether processed, semi‑processed or raw),
which is intended to be fed directly to any food producing animal, and includes any feed additive.
(2)  To avoid doubt, “animal feed” excludes pet food.
(3)  For the purposes of this Act, an animal feed is not fit for purpose if it —
(a)spreads organisms or pathogenic agents to a level or in a manner that could be harmful to humans;
(b)contains a proscribed substance for the animal feed or any residue of the proscribed substance;
(c)results in food production substances or restricted contaminants in food at a greater level than permitted under any standard, where a maximum level is so prescribed in the standard for that food production substance or restricted contaminant;
(d)is toxic to an extent that causes unnecessary pain or distress to animals that consume it; or
(e)transmits disease, results in physical harm, or causes unnecessary pain and distress to animals that consume it.
(4)  In this section —
“basic animal feed” means grain, seeds, hay, meat, fish or milk used as animal feed, or in the preparation of animal feed;
“feed additive” means a substance or combination of substances that —
(a)is not normally consumed as animal feed by itself;
(b)is intentionally added as an ingredient to basic animal feed; and
(c)affects the characteristics of the animal feed or animal products,
whether or not the substance or combination of substances has any nutritional value or other effect on the animal;
 
Examples
 
Micro‑organisms, enzymes, pH regulators, trace elements and vitamins.
“pet food” means a material or a mix of materials (whether processed, semi‑processed or raw) which is produced for consumption by pets.
Meaning of “associate”
17.—(1)  For the purposes of this Act, a person (A) is an associate of another person (B) if —
(a)A is B’s spouse;
(b)A is a relative of B or B’s spouse;
(c)A is the spouse of a relative of B, or B’s spouse;
(d)A is a partner of B with whom A is in a partnership;
(e)A is a spouse or relative of any individual with whom B is in a partnership;
(f)A is an employer of B or an employee of B, and for this purpose, any director or other officer of a company is treated as employed by that company; or
(g)A has a relationship with B in a manner prescribed under subsection (3).
(2)  For the purposes of subsection (1), a person is a relative of an individual if the person is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating —
(a)any relationship of the half blood as a relationship of the whole blood, and the stepchild or adopted child of any person as that person’s child; and
(b)an illegitimate child as the legitimate child of the child’s mother and reputed father.
(3)  The Minister may make rules in the Gazette providing that any person or class of persons is an associate of another person for the purposes of subsection (1)(g).
Singapore Statutes Online
© 2025 Attorney-General's Chambers of Singapore,
Last updated 31 Jan 2025
Singapore Statutes Online is provided by the Legislation Division of the Attorney-General's Chambers of Singapore.