PART I | 1. This Act may be cited as the Control of Plants Act. |
2. In this Act, unless the context otherwise requires —| “authorised analyst” means any person appointed by the Director as an authorised analyst under section 3(2); [32/98 wef 08/01/1999] |
| “authorised officer” means any person appointed by the Director as an authorised officer under section 3(1); [32/98 wef 08/01/1999] |
| “certified pesticide operator” means a person who is certified as a pesticide operator under section 13; |
| “conveyance” includes any aircraft, vessel, train, vehicle or any other artificial contrivance, whether mechanically-propelled or otherwise used or capable of being used as a means of transport on land, water or air; |
| “Director” means the Director of Primary Production and includes the Deputy Director of Primary Production and any Divisional Director of the Primary Production Department; |
| “diseased” means attacked by or infected with any pest; |
| “fresh fruit and vegetables” means unprocessed and raw fruits and vegetables which are intended for human consumption; |
| “import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air from any place which is outside Singapore but does not include the bringing into Singapore by land, sea or air (whether landed or transhipped in Singapore) for the sole purpose of being carried to any other country either by the same or another conveyance; |
| “label” includes any written, printed, pictorial or other descriptive matter; |
“land” includes —| (a) | the surface of the earth and all substances forming the surface; | | (b) | the earth below the surface and all substances therein; | | (c) | all vegetation and other natural products whether or not requiring the periodical application of labour for their production and whether on or below the surface; | | (d) | all things attached to the earth, or permanently fastened to any thing attached to the earth, whether on or below the surface; and | | (e) | land covered by water; |
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| “licensed grower” means a person who is issued with a licence under section 11; |
| “occupier”, in relation to any land, includes every person in actual possession, management or control thereof; |
| “owner”, in relation to any land, includes every lessee or tenant of the land; |
| “package” includes every means by which plants, plant products and pests are encased, covered, enclosed, contained or packed for conveyance from one place to another; |
| “pest” means any species, strain or biotype of plant, animal or pathogenic agent which is or is capable of being injurious to plants or plant products; [32/98 wef 08/01/1999] |
| “pesticide” means any substance or mixture of substances prepared or used for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances prepared or used as a plant regulator, defoliant or desiccant; |
| “pesticide residue” means the remains of any substance resulting from the use of any pesticide, the level of which is prescribed by rules made under this Act; |
| “phytosanitary certificate” means a phytosanitary certificate referred to in section 29(1); |
| “plant” means any species of plant or any part thereof whether living or dead and includes any vegetable, fruit, flower, leaf, stem, branch, spore, seed, root, cutting, graft, scion and any other part whatsoever, whether severed or attached, intended for propagation or from which further plants may be propagated; |
| “plant product” means any product derived from plants, either in their natural, manufactured or processed form; |
| “premises” includes land; |
| “prohibited pesticide” means a pesticide not specified in the Tenth Schedule to the Food Regulations (Cap.283, Rg 1); [32/98 wef 08/01/1999] |
| “prohibited pesticide residue” means the remains of any substance resulting from the use of any prohibited pesticide; [32/98 wef 08/01/1999] |
| “sell” includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale and “sale” has a corresponding meaning; |
| “soil” includes earth, water, peat, manure, compost, sand, clay and any other substance capable of supporting plant life, or transmitting any pest, whether or not used or intended to be used as a growing medium, or in any process of manufacture, or as ballast or for any other purpose whatsoever; |
| “supply” includes offering or attempting to supply or having in possession for supply or causing or allowing to be supplied; |
| “toxic chemical residue” means the remains of any chemical substance, other than pesticides, the level of which is prescribed by rules made under this Act; |
“tranship”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air from any place which is outside Singapore any plant and thereafter to —| (a) | remove or cause to be removed that plant from the conveyance in which it was brought into Singapore; and| (b) return or cause to be returned that plant to the same conveyance or transfer it or cause it to be transferred to another conveyance, for the purpose of export, |
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| whether such plant is to be transferred directly between conveyances or whether it is to be landed in Singapore after it was brought into Singapore and stored, pending export; |
[32/98 wef 08/01/1999] |
| “treatment” means disinfection and disinfestation to ensure the removal, sterilisation or killing of any pest by appropriate means. |
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| Authorised officers and authorised analysts |
3.—(1) The Director may appoint such number of authorised officers as he considers necessary for the purposes of this Act and any rules made thereunder.| (2) The Director may appoint one or more persons with the prescribed qualifications and practical experience as authorised analysts for the purposes of this Act and any rules made thereunder. [32/98 wef 08/01/1999] |
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| Officers deemed to be public servants |
| 4. All authorised officers shall be deemed to be public servants for the purposes of the Penal Code [Cap. 224]. |
| Officer to produce identification on request |
| 5. Every authorised officer, when exercising any power under this Act, shall declare his office and shall, if requested by any person in relation to whom the power is sought to be exercised, produce such identification card as the Director may provide. |
| Director may authorise public officer to exercise powers and perform duties |
| 5A. The powers conferred and the duties imposed on the Director under this Act or any rules made thereunder may be exercised and carried out by any public officer generally or specially authorised by name or office by the Director and subject to his directions. [32/98 wef 08/01/1999] |
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