PART 7 FOOD SAFETY AND SUSTAINABLE PRIMARY
PRODUCTION MEASURES |
| Division 1 — General provisions |
| Persons acting in name of Director‑General |
| 118. A reference in this Part to the Director‑General includes a reference to an authorised officer duly appointed by the Director‑General to act for him or her for the purposes of this Part. |
| Persons to whom Part 7 directions may be given |
119.—(1) Subject to section 130, the Director‑General may give a direction under Division 2 of this Part to all or any of the following, individually or as a class:| (a) | a proprietor of a food business, whether or not a food business licensee; | | (b) | a licensed importer under Part 3 of an import‑controlled item other than animal feed; | | (c) | a manufacturer or supplier of a regulated food contact article; | | (d) | a person carrying on a business of selling or supplying (by wholesale or retail) any regulated food contact article; | | (e) | a person in control of, or reasonably appearing to be in control of, food or anything that may become food. |
(2) The Director‑General may give a direction under Division 3 of this Part to all or any of the following, individually or as a class:| (a) | a producer of an animal feed, whether or not a licensee under Part 11; | | (b) | a licensed importer under Part 3 of an animal feed; | | (c) | a proprietor of a food business involved in a primary production activity; | | (d) | a proprietor of a food business that involves the slaughter of animals to produce meat or meat products; | | (e) | a person in control of, or reasonably appearing to be in control of, any animal feed. |
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| Content and effect of Part 7 directions — general |
120.—(1) A Part 7 direction is binding on —| (a) | the person to whom it is addressed and given; and | | (b) | if applicable, the personal representatives, successors and assignees of the person to whom it is addressed and given, to the same extent as it applies to that person. |
| (2) A Part 7 direction must be in writing, or be confirmed in writing as soon as practicable after being given orally. |
| (3) In making a Part 7 direction, it is not necessary for the Director‑General to give any person who may be affected by the direction a chance to be heard before the direction is given. |
(4) A Part 7 direction must state —| (a) | whether the person to whom it is given must —| (i) | advise the Director‑General of the details of the manner in which the person proposes to comply with the direction; | | (ii) | keep information about the matters that are the subject of the direction; | | (iii) | regularly notify the Director‑General about the steps being taken towards compliance with the direction; or | | (iv) | give written notice to the Director‑General when the person has complied with the direction; |
| | (b) | that it is an offence under this Act to fail to comply with the direction; | | (c) | that if the person to whom the direction is given fails to comply with it, the Director‑General may carry out the direction; and | | (d) | that if the Director‑General carries out the direction, the Agency may recover the costs and expenses reasonably incurred by the Director‑General in carrying out the direction from the person to whom the direction was given. |
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(5) A Part 7 direction may —| (a) | be amended or revoked at any time; and | | (b) | be extended or renewed, if the Director‑General is satisfied that the circumstances warrant it. |
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| (6) If a person to whom the direction is given fails or refuses to comply with it, the Director‑General may carry out the direction, and the Agency may recover the costs and expenses reasonably incurred by the Director‑General in carrying out the direction as a debt due from the person to whom the direction was given. |
(7) If satisfied that a Part 7 direction has been complied with, the Director‑General must —| (a) | revoke the direction; and | | (b) | give written notice of the revocation in the same manner in which the direction was given or served. |
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| (8) Subject to section 141, no compensation is payable in respect of any animal which is destroyed as required by a Part 7 direction. |
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| Service of Part 7 directions |
121.—(1) A Part 7 direction that is addressed to a person is sufficiently given —| (a) | if it is given in the manner prescribed in subsection (2) or (3) or section 304; or | | (b) | if the name and address of the intended recipient is unknown, when it is affixed to —| (i) | the food premises concerned, or the premises where the regulated food contact article is manufactured or sold, as the case may be; or | | (ii) | in the case of a direction under Division 3, the food premises concerned, or the premises where the animal feed is produced, as the case may be. |
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(2) A Part 7 direction that is addressed to a class of persons is sufficiently given if it is —| (a) | given to each of the persons in the class in accordance with subsection (1); or | | (b) | published both —| (i) | in a daily newspaper circulating in Singapore, or on radio and on television, or in any other way that, in the opinion of the Director‑General, will be most likely to bring the direction to the attention of the persons who belong to the class; and | | (ii) | on the Agency’s official online location. |
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| (3) A Part 7 direction that is addressed to a public authority is sufficiently given if it is given to the chief executive (however called) of the public authority in accordance with section 304(2). |
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| When Part 7 direction takes effect |
122.—(1) Subject to subsections (2), (3) and (4), a Part 7 direction takes effect when it is given to the person to whom it is addressed, and continues in force until the earlier of the following occurs:| (a) | the expiry date stated in the direction is reached; | | (b) | for a direction under section 130 relating to an individual employed or engaged as a food worker by a food business licensee, the date the individual permanently ceases to be employed or engaged as a food worker by a food business licensee; | | (c) | the Director‑General revokes the direction. |
(2) A Part 7 direction that is given —| (a) | in accordance with section 121(1) takes effect when it is given; | | (b) | in accordance with section 121(2)(a) takes effect when it is given to all the persons in the class in question; and | | (c) | in accordance with section 121(2)(b) takes effect at the beginning of the day after the date on which section 121(2)(b) has been complied with. |
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| (3) However, for a direction under section 123 or 124 if the name and address of the proprietor of the food premises or the food vending machine or other equipment is unknown, the direction takes effect when a copy of it is affixed to a conspicuous part of the premises, food vending machine or other equipment (as the case may be) as ordered under section 123(4)(a) or 124(4)(a), whichever being applicable. |
(4) Where the Director‑General gives —| (a) | a movement control direction under section 125 prohibiting or restricting —| (i) | any movement or relocation by the recipient of any specified food or primary produce within Singapore or into or out of a stated area in Singapore; or | | (ii) | any undertaking by the recipient of any activity involving the supply of any specified food or primary produce in Singapore; |
| | (b) | a direction under section 128 to recall food that is unsafe or unsuitable or is a defined food, or whose safety or suitability is in doubt; or | | (c) | a direction under section 134(1) requiring the recipient to do any thing mentioned in section 134(2)(a), (b) or (c), |
| because the Director‑General has reasonable grounds to believe that the direction is necessary or desirable to prevent or control a threat (actual or imminent) to public health or an imminent risk of death or serious illness, or to prevent or control a significant threat (actual or imminent) to supply sources of food for the general public, that direction takes effect in accordance with subsection (2) but expires on (and including) the 10th day after that date it takes effect. |
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| (5) However, the cessation of a Part 7 direction under a provision in this Part having effect (whether or not by revocation) does not prevent another Part 7 direction being made and given by the Director‑General if the Director‑General is satisfied that the circumstances warrant it under that same provision. |
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| Division 2 — Food safety directions |
| Direction relating to food premises |
123.—(1) The Director‑General may give a direction described in subsection (2) if satisfied (whether or not from the report of an authorised officer or a food inspector) —| (a) | that any food premises is in an unclean or unsanitary condition or in a state of disrepair; | | (b) | that the slaughtering of animals to produce meat or meat products or the meat processing is carried on in any food premises in a manner that makes the meat or meat products unsafe or unsuitable, or likely to be unsafe or unsuitable; | | (c) | that primary production activity is undertaken in any food premises in a manner that makes the primary produce unsafe, or likely to be unsafe; or | | (d) | that any food is supplied or handled in any food premises in a manner that makes the food unsafe or unsuitable, or likely to be unsafe or unsuitable. |
(2) The Director‑General may direct the proprietor of the food premises to, within a specified time in the direction, do all or any of the following things:| (a) | take steps, to the satisfaction of an authorised officer or a food inspector, for either or both of the following:| (i) | to put the food premises (including any machinery or equipment in it) into a clean and sanitary condition, which may include disinfection; | | (ii) | to alter or improve the food premises; |
| | (b) | take specified steps to ensure that —| (i) | any meat or meat products from the slaughtering of animals to produce meat or meat products, or from meat processing in the food premises are not unsafe and not unsuitable; | | (ii) | any primary produce from primary production activity undertaken in the food premises is not unsafe; or | | (iii) | any food supplied or handled in the food premises is not unsafe and not unsuitable. |
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(3) The Director‑General may, in a direction made under this section, direct that until the matters referred to in subsection (2) are complied with, the proprietor of the food premises concerned —| (a) | must stop using those premises, or a specified area of those premises, to carry out such activity mentioned in subsection (2)(b) as is specified in the direction; or | | (b) | must not remove, and must prevent and disallow the removal of, any meat or meat product, primary produce or food specified in the direction from those premises for any purpose except with the prior consent of an authorised officer or a food inspector. |
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(4) If a direction under this section includes a direction under subsection (3)(a) or (b), the Director‑General —| (a) | may order that a copy of the direction be affixed to a conspicuous part of the food premises concerned in such a manner that the direction can be read by a member of the general public from outside those premises; | | (b) | may, by notice published in a daily newspaper circulating in Singapore, on radio and on television, or by any other appropriate means, inform the general public that the direction has been made and the terms of the direction; and | | (c) | if the Director‑General is not the licensing authority for the premises, must notify the licensing authority of the making of the direction, and any appeal made under Part 12 against the direction and the outcome of the appeal. |
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| Direction for food vending machines and other equipment |
124.—(1) This section applies if the Director‑General is satisfied from the report of an authorised officer or a food inspector that —| (a) | a food vending machine is in such an unclean or unsanitary condition as to make any food obtained from the machine unsafe or unsuitable, or likely to be unsafe or unsuitable; or | | (b) | an equipment used in —| (i) | any slaughter of animals to produce meat or meat products; | | (ii) | any manufacturing of food; | | (iii) | any primary production activity; or | | (iv) | the supply or handling of food, |
| is in such an unclean or unsanitary condition or a state of disrepair, as to make the resulting meat or meat products, primary produce or food (as the case may be) unsafe or unsuitable, or likely to be unsafe or unsuitable. |
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(2) The Director‑General may, in a direction given to the owner of the food vending machine or other equipment mentioned in subsection (1), direct the owner to do within a specified time all or any of the following things to the satisfaction of an authorised officer or a food inspector:| (a) | put the food vending machine or other equipment into a clean and sanitary condition, which may include disinfection; | | (b) | alter, repair or improve the food vending machine or other equipment. |
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(3) The Director‑General may, in a direction made under this section, further direct that until the matters referred to in subsection (2) are complied with, the owner of the vending machine or other equipment mentioned in subsection (1) concerned —| (a) | must stop using, and must prevent and disallow the use of, the food vending machine; or | | (b) | must stop using, and must prevent and disallow the use of, the other equipment in connection with any slaughter of animals to produce meat or meat products, any meat processing, any primary production activity or any supply or handling of food, |
| as is specified in the direction. |
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(4) If the Director‑General makes a direction that includes a further direction under subsection (3), the Director‑General —| (a) | may order that a copy of the direction be affixed to a conspicuous part of the food vending machine or other equipment concerned in such a manner that the direction can be read by an individual who may intend to use the food vending machine or other equipment; and | | (b) | if the Director‑General is not the licensing authority for the food vending machine or other equipment, must notify the licensing authority of the making of the direction, and any appeal made under Part 12 against either direction and the outcome of the appeal. |
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| (5) Except with the express approval of an authorised officer, a person must not remove the copy of a direction affixed under subsection (4)(a) to a food vending machine or other equipment while that direction remains in force. |
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| Direction to deal with hazard or source of contamination |
125.—(1) Where the Director‑General —| (a) | reasonably suspects (whether or not from the report of an authorised officer or a food inspector) the existence of a hazard or a source of contamination that may adversely affect —| (i) | any primary produce or food; | | (ii) | any live food producing animal or other thing that may become food; or | | (iii) | any regulated food contact article; and |
| | (b) | is satisfied on reasonable grounds that a direction under section 126 or 127 is necessary to minimise, manage or eradicate, over a limited period or over an indefinite period, the risk to human health created by the suspected hazard or the suspected source of contamination, |
| the Director‑General may give a direction described in section 126 (called a movement control direction), a direction described in section 127 (called a declaration direction), or both those directions, to any person described in section 119(1). |
(2) In this section and sections 126 and 127 —“biosecurity carrier” means any animal or plant, or part of any animal or plant, or any other thing —| (a) | that is capable of moving a biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; | | (b) | that contains a biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing; or | | (c) | that —| (i) | is infected with a disease or is reasonably believed to be infected with disease; or | | (ii) | may have been in contact with another animal or bird which is infected with disease, or may have been exposed to disease, |
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| but excludes a human or part of a human; |
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“biosecurity matter” means —| (a) | a living thing, other than a human or part of a human; | | (b) | a pathogen that can cause disease in —| (i) | an animal; or | | (ii) | a human, by the transmission of the pathogen from an animal to the human; or |
| | (c) | a disease; |
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“hazard” means an adverse or injurious health effect on humans that arises or may have the potential to arise from any of the following:| (a) | a biosecurity matter, a chemical substance or other matter that —| (i) | is in primary produce, food or a regulated food contact article; | | (ii) | has the potential to be in primary produce, food or a regulated food contact article; | | (iii) | is a condition of primary produce, food or a regulated food contact article; or | | (iv) | has the potential to affect the condition of primary produce, food or a regulated food contact article; |
| | (b) | a biosecurity carrier; | | (c) | a dealing with a biosecurity matter or a biosecurity carrier; | | (d) | a plant pesticide or a residue thereof; | | (e) | a failure to comply with an applicable requirement of this Act relating to the slaughter of animals to produce meat or meat products, meat processing, primary production activity, or the supplying or handling of food; |
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| “manage”, in relation to the risk to human health from a hazard or a source of contamination, includes prevent or control the transmission or spread of the hazard or contamination; |
“movement”, in relation to any thing or individual, includes —| (a) | the transport of the thing by any conveyance; | | (b) | the deployment of equipment in more than one premises; and | | (c) | the deployment of the individual to work or attend in person in more than one premises or workplaces; |
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“thing” —| (a) | means a thing, whether alive, dead or inanimate; and | | (b) | includes a human. |
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| Movement control direction — content |
126.—(1) Every movement control direction must include reference to —| (a) | the suspected hazard or suspected source of contamination, such as (but not limited to) —| (i) | a thing or an activity; | | (ii) | a particular premises (where, for example, there may be contamination from the land or the environment); or | | (iii) | a particular person, or a particular food business or a specified class of food businesses (where, for example, the contamination may have been caused by a human act or omission); and |
| | (b) | the area or areas in Singapore to which the movement or related controls in the movement control direction apply. |
(2) Every movement control direction must state the movement or related controls, which may relate to all or any of the following:| (a) | any activity involving —| (i) | any slaughter of animals to produce meat or meat products; | | (ii) | any meat processing; | | (iii) | any primary production activity; | | (iv) | any supply or handling of food; or | | (v) | any manufacturing, or supply or use, of a regulated food contact article for use with food; |
| | (b) | any premises; | | (c) | any food; | | (d) | any live food producing animal or other thing that may become food, whether or not a biosecurity carrier; | | (e) | any food business; | | (f) | any regulated food contact article, or any thing that may become a regulated food contact article; | | (g) | any food worker; | | (h) | any biosecurity matter; | | (i) | any thing else that the Director‑General suspects relates to the suspected hazard or the suspected source of contamination. |
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(3) The movement or related controls in a movement control direction may —| (a) | prohibit or restrict the movement or relocation of any thing described in subsection (2) within Singapore or into or out of or within a stated area in Singapore; | | (b) | prohibit or restrict the completion of a movement or relocation of a type mentioned in paragraph (a) if the movement or relocation is already in progress when the direction under this section is made; | | (c) | prohibit or restrict the undertaking of an activity described in subsection (2) within a stated area in Singapore; | | (d) | require the taking of specific actions —| (i) | to confirm the presence, or find out the extent of the presence, in the area to which the direction applies, of the suspected hazard or the suspected source of contamination to which the direction relates; | | (ii) | to confirm the absence, in the area to which the direction applies, of the suspected hazard or the suspected source of contamination to which the direction relates; | | (iii) | to monitor the effects of measures taken to minimise, manage or eradicate the risk to human health; or | | (iv) | to monitor compliance with any prohibition or restriction in paragraph (a), (b) or (c) which is imposed by the direction; or |
| | (e) | require the taking of specific actions or measures as are reasonably necessary to minimise, manage or eradicate the risk to human health created by the suspected hazard or the suspected source of contamination. |
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(4) A movement control direction may also —| (a) | direct the keeping of information about the matters that are the subject of the direction; | | (b) | direct the provision of reports to the Director‑General about the matters that are the subject of the direction; and | | (c) | direct the person to whom the direction is given to notify the Director‑General when —| (i) | the hazard, or source of contamination, has been identified; | | (ii) | the hazard, or source of contamination, has been minimised or eradicated; or | | (iii) | no hazard, or source of contamination, has been identified. |
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| Declaration direction — content |
127.—(1) Every declaration direction must include reference to the suspected hazard or suspected source of contamination, such as (but not limited to) —| (a) | a thing or an activity; | | (b) | a particular premises (where, for example, there may be contamination from the land or the environment); or | | (c) | a particular person, or a particular food business or a specified class of food businesses (where, for example, the contamination may have been caused by a human act or omission). |
(2) Every declaration direction must state the information the person to whom the direction is given must complete and give to the Director‑General, which may relate to all or any of the following information:| (a) | matters relating to the history of the primary produce, food or a regulated food contact article in question, including, if appropriate —| (i) | identification or details of any owner or previous owner of the primary produce, food or regulated food contact article in question, or any person who presented or supplied it to the person required to make the declaration; and | | (ii) | identification or details of the area or place where the primary produce, food or regulated food contact article in question was kept, or was taken or procured from, and any surrounding area or place at which it was stored; |
| | (b) | matters relating to treatments or applications applied by way of veterinary drugs or agricultural compounds during production of the primary produce or food in question; | | (c) | information relating to the feeding of an animal, if the primary produce or food in question contains an animal product; | | (d) | information relating to the possible exposure of the primary produce, food or regulated food contact article in question to hazards; | | (e) | the place the primary produce, food or regulated food contact article in question is being moved from, the place it is being moved to, and any previous place it has been moved from; | | (f) | matters relating to the movement of the primary produce, food or regulated food contact article in question. |
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| (3) Every declaration direction must also state that the information must be completed and given to the Director‑General within a reasonable period specified in that direction. |
| (4) To avoid doubt, this does not affect any duties imposed under Part 2, Division 7 of Part 3, Division 3 of Part 4 and Subdivision (2) of Division 2 of Part 11. |
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| Direction to recall food or regulated food contact article |
128.—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(1) —| (a) | for the purpose of examining, rectifying, controlling or disposing of food or a regulated food contact article, after taking into account any relevant information or warnings about the food or regulated food contact article that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; or | | (b) | if the Director‑General has reasonable grounds to believe that the direction is necessary to prevent or reduce the likelihood of physical harm being caused to humans or to mitigate the adverse consequences of that likelihood. |
(2) The direction is any of the following:| (a) | to recall food that is unsafe or unsuitable or is a defined food, or whose safety or suitability is in doubt; | | (b) | to recall a regulated food contact article that has, when used with food, caused food to be no longer safe or suitable, or for which there is doubt about whether food remains safe or suitable when the regulated food contact article is used with food; | | (c) | to recall a regulated food contact article if there is doubt about whether it may contaminate food; | | (d) | to recall food or a regulated food contact article that is mislabelled or incorrectly identified; | | (e) | to take food or a regulated food contact article recalled under paragraph (a), (b), (c) or (d) to —| (i) | any premises specified in the direction; or | | (ii) | any premises agreed to between the Director‑General and the person to whom the direction is given. |
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| (3) A direction to recall food or a regulated food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed. |
| (4) A person who is required by a direction to recall food or a regulated food contact article must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion. |
(5) If a person to whom the direction is given fails or refuses to comply with it —| (a) | the Director‑General may take any reasonable steps necessary to ensure control of the food or regulated food contact article; and | | (b) | the Agency may recover the costs and expenses reasonably incurred by the Director‑General in ensuring control of the food or regulated food contact article as a debt due from the person to whom the direction was given. |
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| (6) This section does not prevent the Director‑General exercising his or her power under section 129, 131 or 132. |
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| Direction to manage food, regulated food contact article, etc. |
129.—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(1) if the Director‑General —| (a) | reasonably believes —| (i) | that food or a regulated food contact article which is already the subject of a direction under section 126 is unsafe or unsuitable, or is a defined food, and further controls are required; or | | (ii) | that a live food producing animal, which is already the subject of a movement control direction, is a biosecurity carrier; or |
| | (b) | recalls food or a regulated food contact article under section 128. |
(2) The direction may be about doing or not doing all or any of the following to the food, regulated food contact article or live food producing animal:| (a) | condemning or destroying it; | | (b) | disposing of or re‑exporting it; | | (c) | identifying it; | | (d) | processing and handling it or re-processing it; | | (e) | labelling or relabelling it; | | (f) | storing it; | | (g) | transporting it; | | (h) | examining, sampling or testing it; | | (i) | advertising or selling it. |
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| Direction relating to food workers in licensable food business |
130.—(1) Where the Director‑General reasonably believes that —| (a) | an individual who is a food business licensee carrying on a licensable food business; or | | (b) | an individual employed or engaged as a food worker by a food business licensee in connection with a licensable food business carried on by the licensee, |
| is engaging or has engaged in conduct, in the course of carrying on that licensable food business, that is a contravention of or that constitutes non‑compliance with an applicable requirement of this Act relating to the handling of food intended for supply, the Director‑General may give a direction described in subsection (2) or (3) to all or any of the following: |
| (c) | the food business licensee who is a proprietor of the licensable food business (whether or not an individual); | | (d) | the individual; | | (e) | any other individual employed or engaged as a food worker by the food business licensee in connection with the same licensable food business. |
(2) A direction under this section may require —| (a) | a particular individual or particular individuals employed or engaged as a food worker or food workers in connection with a licensable food business to do one or more of the following within a period stated in the direction:| (i) | to stop handling food in the course of the licensable food business; | | (ii) | to undergo training or retraining in food safety and food handling specified by the Director‑General, and be assessed as competent in each subject of the training or retraining; | | (iii) | to alter or improve the method of handling of food by that individual while in the course of the licensable food business; or |
| | (b) | a food business licensee to do one or more of the following within a period stated in the direction:| (i) | to take specified steps to change or improve the method of handling food by food workers in the course of carrying on the licensee’s licensable food business; | | (ii) | to stop one or more individuals handling food in the course of the licensee’s licensable food business if the individual is given a direction described in subsection (3), until the individual complies with the direction he or she is given. |
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(3) A direction under this section may also require a particular individual as follows:| (a) | to stop handling food in the course of a licensable food business unless or until he or she —| (i) | is diagnosed by a medical practitioner as not suffering from a prescribed infectious disease or other condition that is liable to render food handled as unsafe or unsuitable; or | | (ii) | is immunised against a prescribed infectious disease; |
| | (b) | to engage in conduct, or to refrain from engaging in conduct, specified in a direction relating to his or her personal hygiene and health practices when handling food as a food worker employed or engaged in a licensable food business, including (but not limited to) —| (i) | not expectorating; | | (ii) | wearing an attire or accessory for the purpose of protecting food that he or she handles against contamination; and | | (iii) | ensuring that the individual is, or his or her clothing is kept, in a clean and sanitary condition. |
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(4) A direction under this section must be for all or any of the following purposes:| (a) | to ensure the continued competence of a particular individual or particular individuals employed or engaged as a food worker or food workers in a licensable food business in handling food in such a way that does not make the food unsafe or unsuitable, or likely to be unsafe or unsuitable; | | (b) | to minimise or prevent the future personal conduct of a particular individual or particular individuals that makes or is likely to make food unsafe or unsuitable when the individual is or individuals are employed or engaged as a food worker or food workers in a licensable food business. |
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| (5) An individual who is registered as a food worker by the Agency ceases to be registered when the registration expires or a direction is earlier given to the individual under this section. |
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| Direction to publish statement |
131.—(1) The Director‑General may give to persons described in section 119(1) a direction to publish in Singapore a statement to the general public, or to a class of persons specified in the direction, for the purpose of protecting the general public or class of persons, as the case may be.(2) The Director‑General may specify that the statement must include all or any of the following:| (a) | the nature of the problem, including (where applicable) —| (i) | the particular food or kind of food or regulated food contact article to be recalled or disposed of; | | (ii) | the reasons why the food or regulated food contact article is considered to be unsafe; and | | (iii) | the circumstances in which the consumption of the food is unsafe; |
| | (b) | the remedy that the person will provide; | | (c) | the way or ways in which the person will prevent the problem from arising in future. |
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| (3) The Director‑General may specify the actual words to be used in the statement or any part of it. |
(4) The Director‑General may specify all or any of the following:| (a) | who must publish the statement; | | (b) | where the statement must be published; | | (c) | the date on which the statement must be published. |
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| (5) Statements published in accordance with this section are protected by absolute privilege. |
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132.—(1) The Agency may publish in Singapore a statement for the purpose of protecting human health or informing the general public.(2) The statement may be about all or any of the following:| (a) | the safety or suitability of food or a regulated food contact article; | | (b) | anything contained or implied in advertisements about food or a regulated food contact article, generally or in a particular advertisement, or in a class or classes of advertisements; | | (c) | the performance or non‑performance of any function or duty imposed on any person by any provision of this Act. |
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| (3) The statement is protected by qualified privilege. |
| (4) This is not a delegable function of the Agency. |
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| General preventative or corrective action direction |
133.—(1) Without limiting any other provision in this Division, the Director‑General may give a direction in subsection (2) to any of the persons described in section 119(1) if the Director‑General is satisfied (whether or not from the report of an authorised officer or a food inspector) that an applicable requirement of this Act with respect to primary produce, food or a regulated food contact article is or has been contravened or not complied with.| (2) The direction must be about the taking of preventative or corrective action in respect of primary produce, food or a regulated food contact article that the Director‑General reasonably believes is necessary to ensure compliance with the provisions of this Act. |
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| Division 3 — Animal feed and primary production directions |
| Direction to impose movement controls, etc., for animal feed |
134.—(1) The directions mentioned in sections 123, 124 and 125 may be given by the Director‑General under this section in relation to an animal feed if the Director‑General —| (a) | reasonably suspects (whether or not from the report of an authorised officer or a food inspector) the existence of a hazard or a source of contamination that may affect the animal feed; and | | (b) | is satisfied on reasonable grounds that any such direction is necessary to minimise, manage or eradicate, over a limited period or over an extended or indefinite period, the risk to health of any food producing animals created by the suspected hazard or the suspected source of contamination. |
(2) For the purpose of this section, sections 123, 124 and 125 apply as follows:| (a) | any reference in those sections to food must be read as a reference to animal feed; | | (b) | any reference in those sections to equipment used in meat processing, in any primary production activity or in the supply or handling of food must be read as a reference to equipment used in the production of animal feed; | | (c) | any reference in those sections to meat processing, primary production activity or supplying or handling food must be read as a reference to producing animal feed; | | (d) | any reference in those sections to unsafe food, unsuitable food, or food likely to be unsafe or unsuitable must be read as a reference to animal feed that is not fit for purpose or is likely to be not fit for purpose; | | (e) | any reference in the definition of “hazard” in section 125(2) to an adverse or injurious health effect on humans must be read as a reference to an adverse or injurious health effect on any food producing animals. |
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| Direction to recall animal feed |
135.—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(2) —| (a) | for the purpose of examining, rectifying, controlling or disposing of any animal feed, after taking into account any relevant information or warnings about the animal feed being not fit for purpose that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; and | | (b) | if the Director‑General has reasonable grounds to believe that the direction is necessary —| (i) | to prevent or reduce the possibility of a serious danger to the health of any food producing animals; or | | (ii) | to mitigate the adverse consequences of a serious danger to the health of any food producing animals. |
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(2) The direction is any of the following:| (a) | to recall an animal feed that is not fit for purpose, or whose fitness for purpose is in doubt; | | (b) | to recall an animal feed that is mislabelled or incorrectly identified; | | (c) | to take an animal feed recalled under paragraph (a) or (b) to —| (i) | any premises specified in the direction; or | | (ii) | any premises agreed to between the Director‑General and the person to whom the direction is given. |
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| (3) A direction to recall an animal feed may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed. |
| (4) A person who is required by a direction to recall an animal feed must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion. |
(5) If a person to whom the direction to recall is given fails or refuses to comply with it —| (a) | the Director‑General may take any reasonable steps necessary to ensure control of the animal feed; and | | (b) | the Agency may recover the costs and expenses reasonably incurred by the Director‑General in assuming control of the animal feed as a debt due from the person to whom the direction was given. |
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| (6) This section does not prevent the Director‑General exercising his or her power under section 136. |
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| Direction to manage animal feed |
136.—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(2) if the Director‑General —| (a) | reasonably believes that an animal feed that is already the subject of a direction under section 134 containing movement or related controls, is not fit for purpose, and further controls are required; or | | (b) | recalls an animal feed under section 135. |
(2) The direction may be about doing or not doing any of the following to the animal feed:| (a) | condemning or destroying it; | | (b) | disposing of or re-exporting it; | | (c) | identifying it; | | (d) | processing and handling it or re‑processing it; | | (e) | labelling or relabelling it; | | (f) | storing it; | | (g) | transporting it; | | (h) | sampling or testing it; | | (i) | advertising or selling it. |
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| Direction to address threats to primary production, etc. |
137.—(1) The Director‑General may give a biosecurity direction in subsection (2) to any person described in section 119(2) if the Director‑General considers that —| (a) | an event —| (i) | has happened or is happening; and | | (ii) | has had or is having an adverse effect on —| (A) | the production of primary produce in any part of Singapore; or | | (B) | the health of food producing animals or to their habitats in any part of Singapore; |
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| | (b) | the event was or is being caused by, or may be or may have been caused by a biosecurity matter; and | | (c) | it is necessary to exercise powers under this section to mitigate or prevent a significant threat or likely significant threat to securing or maintaining consumer confidence in supply sources of safe and suitable food for the general public. |
(2) A direction under this section may require the recipient to do all or any of the following, at stated premises within the part of Singapore mentioned in subsection (1)(a)(ii) and within a stated period of time:| (a) | prohibit or restrict the movement or relocation of any biosecurity matter or biosecurity carrier —| (i) | out of or within the stated premises; or | | (ii) | into the stated premises; |
| | (b) | prohibit or restrict the completion of a movement or relocation of a type mentioned in paragraph (a) if the movement or relocation is already in progress when the direction under this section is made; | | (c) | isolate a biosecurity matter or a biosecurity carrier at the stated premises in a stated way; | | (d) | cull or otherwise destroy, or cause the culling or destruction of, a biosecurity matter or a biosecurity carrier at the stated premises in a stated way; | | (e) | dispose of a biosecurity matter or a biosecurity carrier in a stated way, including by burning or burying it or by depositing it at a place where waste is deposited or disposed of; | | (f) | treat in a stated way, or refrain from treating, a biosecurity carrier of a biosecurity matter so as to control the biosecurity matter, or to stop the spread or lessen the risk of the spread of the biosecurity matter; | | | | Vaccinate animals not culled. |
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| | (g) | clean or disinfect the stated premises, or part of the stated premises, an individual at those premises, or anything on the individual or a biosecurity carrier at those premises, in a stated way; | | (h) | stop or restrict using the stated premises, or part of the stated premises, for a stated purpose or a stated period, or until a stated action is taken; | | (i) | take such measures as are reasonably necessary or desirable to prevent the further introduction or spread of any biosecurity matter which is the subject of the direction. | | | | To keep daily records about the movement of animals not culled. |
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(3) In addition, the Director‑General may direct a food business licensee undertaking any primary production activity —| (a) | to revise the licensee’s farm management plan to prevent or mitigate any significant hazard relating to the primary production activity, or to food producing animals or to their habitats; and | | (b) | to submit the revised farm management plan for acceptance by the Agency. |
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(4) In this section —“movement”, in relation to any thing, includes —| (a) | the transport of the thing by any conveyance; and | | (b) | the deployment of equipment in more than one premises; |
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| “thing” means a thing, whether alive, dead or inanimate. |
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| General preventative or corrective action direction |
138. The Director‑General may give a direction to the persons described in section 119(2) about the taking of preventative or corrective action in respect of —| (a) | the primary production activity; or | | (b) | the production of animal feed, |
| that the Director‑General reasonably believes is necessary to ensure compliance with an applicable requirement of this Act with respect to that primary production activity or that production of animal feed. |
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| Division 4 — Miscellaneous |
| Non-compliance with Part 7 direction |
139.—(1) A person to whom a Part 7 direction (except a declaration direction) is addressed and given commits an offence if the person —| (a) | carries on an activity in contravention of the direction; | | (b) | neglects or refuses to comply with the direction; or | | (c) | fails to comply with a condition specified in the direction. |
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | where the person is an individual —| (i) | to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or | | (ii) | where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or |
| | (b) | where the person is not an individual —| (i) | to a fine not exceeding $30,000; or | | (ii) | where the person is a repeat offender — to a fine not exceeding $60,000. |
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(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —| (a) | is convicted, or found guilty, of such an offence (called the current offence); and | | (b) | has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1). |
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(4) Where any information which is required by a declaration direction to be given to the Director‑General is not given or is not given within the time delimited under section 127(3), then the person given the direction shall be guilty of an offence and shall be liable on conviction —| (a) | where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or | | (b) | where the person is not an individual — to a fine not exceeding $10,000. |
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| (5) Subsections (1) and (4) do not apply if the person has a reasonable excuse. |
| (6) The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259. |
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| Tampering with affixed copy of Part 7 direction |
140.—(1) A person commits an offence if the person —| (a) | intentionally removes or causes to be removed; | | (b) | intentionally alters or causes to be altered; or | | (c) | intentionally defaces or causes to be defaced, |
| a copy of any direction that is affixed to any premises, food vending machine or other equipment under section 121(1)(b) or as ordered under section 123(4)(a) or 124(4)(a), while that direction remains in force. |
(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or | | (b) | where the person is not an individual — to a fine not exceeding $20,000. |
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141.—(1) A person bound by a Part 7 direction who suffers loss as a result of the making of the direction may apply to the Agency for compensation if the person considers that there were insufficient grounds for the making of the direction.| (2) If there were insufficient grounds for the making of the Part 7 direction, the Agency is to pay just and reasonable compensation to the applicant. |
| (3) The Director‑General must give written notice of the Agency’s determination as to the payment of compensation under this section to each applicant for the payment of compensation. |
| (4) If the Agency has not determined an application for compensation under this section within 28 days after receiving the application, the Agency is taken to have refused to pay any compensation. |
(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Agency as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination —| (a) | within 28 days after the day on which notification of the determination was received; or | | (b) | in a case to which subsection (4) applies, within 28 days after the end of the 28‑day period referred to in that subsection. |
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| (6) If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the General Division of the High Court. |
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