PART 6 | Obstructing officers in execution of duties |
| 28. Any person who obstructs, hinders or impedes the Director‑General or any authorised officer, police officer or officer of customs or any other person acting under the direction of the Director‑General, in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act or the rules shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
| Altering licence, permit or certificate |
29. Any person who —| (a) | without lawful authority alters, forges, mutilates or defaces any licence, permit or certificate granted under this Act or the rules; or | | (b) | knowingly makes use of any licence, permit or certificate which has been so altered, forged, mutilated or defaced, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Penalty for false declaration, etc. |
30. Any person who, being required by this Act or the rules to make or provide any declaration, statement, representation or information or to produce any permit or who, for the purpose of obtaining any licence, permit or certificate under this Act —| (a) | makes or provides any declaration, statement, representation or information which is false in a material particular; or | | (b) | produces any licence, permit or certificate which the person knows or has reason to believe is false in any material particular or has not been granted by the person by whom it purports to have been granted, or has been in any way altered or tampered with, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Offences committed by bodies corporate and by agents and servants |
31.—(1) Where an offence under this Act or the rules has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he or she proves —| (a) | that the offence was committed without his or her consent or connivance; and | | (b) | that he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances. |
| (2) Where an offence under this Act or the rules is committed by any person acting as an agent or servant of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without affecting the liability of the firstmentioned person, be liable under this Act or the rules in the same manner and to the same extent as if the other person had personally committed the offence if it is proved that the act which constituted the offence was committed with the other person’s consent or connivance or that it was attributable to any neglect on the other person’s part. |
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32.—(1) The court before which any person is tried for an offence under this Act or the rules may make an order for the forfeiture of any item which has been seized under the provisions of this Act if —| (a) | the court is satisfied that —| (i) | an offence under this Act or the rules has been committed; and | | (ii) | the item seized was the subject matter, or was used in the commission, of the offence; and |
| | (b) | having regard to the circumstances of the case, the court thinks it fit to order the forfeiture of the item. |
| (2) Where no party raises the question of forfeiture under subsection (1), the court is to consider the question on its own motion. |
| (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person may have been convicted of an offence. |
| (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court is to order that the item be released to the owner of the item or the person entitled to the item. |
| (5) In the absence of any prosecution with regard to any item which has been seized under the provisions of this Act, the Director‑General must give to the person from whom the item was seized or to the owner of the item written notice that the item, on the expiry of 7 days of the date specified in the notice, is deemed to be forfeited unless a claim to the item is made before then in accordance with subsection (6). |
(6) A person asserting —| (a) | that the person is the owner of, or is entitled to, any item which has been seized under the provisions of this Act; and | | (b) | that the item is not liable to forfeiture, |
| may, personally or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the item. |
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| (7) On receipt of a notice under subsection (6), the Director‑General may direct that the item be released to the person who has given the notice or may refer the matter to a court for decision. |
| (8) Where no claim is received on the expiry of 7 days of the date specified in the notice mentioned in subsection (5), the item to which the notice relates is deemed to be forfeited. |
| (9) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is thereupon deemed to be forfeited. |
| (10) Any item forfeited or deemed to be forfeited under this section must be delivered to an authorised officer and must be disposed of in such manner as the Director‑General thinks fit. |
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| Form and authentication of notices, orders and other documents |
33.—(1) Every notice, order and other document of any nature which the Director‑General is empowered to give by this Act or the rules may be in such form as the Director‑General may determine, and may be given by any authorised officer.(2) Where any such notice, order or document requires authentication —| (a) | the signature of the Director‑General or an authorised officer; or | | (b) | an official facsimile of such signature, |
| appended to the notice, order or document is sufficient authentication. |
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| Inaccuracies in documents |
34.—(1) A misnomer or inaccurate description of any person, premises, building, street, place, vehicle or other conveyance named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act or the rules does not in any way affect the operation of this Act or any such rules as respects that person, premises, building, street, place, vehicle or other conveyance if that person, premises, building, street, place, vehicle or other conveyance is so designated in the notice, order or document as to be identifiable.| (2) No proceedings taken under or by virtue of this Act or any rules are invalid for want of form. |
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35.—(1) Any notice, order or document required or authorised by this Act or the rules to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act or the rules may be served on the person —| (a) | by delivering it to the person or to some adult member or employee of his or her family or household at his or her last known place of residence; | | (b) | by leaving it at the person’s usual or last known place of residence or place of business in an envelope addressed to the person; | | (c) | by sending it by registered post addressed to the person at the person’s usual or last known place of residence or place of business; or | | (d) | in the case of an incorporated company, a partnership or a body of persons —| (i) | by delivering it to the secretary or other similar officer of the company, partnership or body of persons at its registered office or principal place of business; or | | (ii) | by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. |
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| (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. |
(3) Any notice, order or document required or authorised by this Act or the rules to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the rules may be served by —| (a) | delivering it or a true copy of it to some adult person on the premises; or | | (b) | if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises. |
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| (4) Any notice, order or document required or authorised by this Act or the rules to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the rules is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description. |
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| Protection from liability |
| 36. No suit or other legal proceedings shall lie against the Director‑General or any authorised officer, police officer or officer of customs or any other person acting under the direction of the Director‑General for anything which is in good faith done in the execution or purported execution of this Act or the rules. |
| 37. Despite anything to the contrary contained in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act or the rules and to impose the full penalty or punishment in respect of any such offence. |
38.—(1) Subject to subsection (3) —| (a) | a document or certificate purporting to be a report under the hand of the Director‑General or an authorised officer upon any matter or thing in connection with the administration or enforcement of this Act or with any investigation carried out under this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein; and | | (b) | a certificate of an authorised examiner stating that he or she has analysed or examined any meat product or fish product and stating the result of his or her analysis or examination is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination. |
| (2) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is, unless the contrary is proved, deemed to be such a certificate. |
(3) A certificate mentioned in subsection (1) is not to be received in evidence pursuant to that subsection unless the person charged has been given —| (a) | a copy of the certificate; and | | (b) | notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, |
| at least 10 clear days before the commencement of the proceedings. |
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| (4) Where a certificate of the Director‑General, an authorised officer or an authorised examiner is admitted in evidence under subsection (1), the person charged may require the Director‑General, authorised officer or authorised examiner to be called as a witness for the prosecution and be cross-examined as if he or she had given evidence of the matters stated in the certificate. |
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39.—(1) The Director‑General or any officer authorised in writing in that behalf by the Minister may compound any offence under this Act or the rules that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000.| (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. |
| (3) All composition sums collected under this section must be paid into the Consolidated Fund. [11/2019] |
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| 40. The Director‑General may, either permanently or for such period as he or she may think fit, exempt any person or premises or any class of persons or premises from any of the provisions of this Act or the rules. |
| Fees, etc., payable to Agency |
| 41. All fees, charges and moneys collected under this Act or any rules made under this Act (except composition sums) must be paid to the Agency. [11/2019] |
42.—(1) The Minister may make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.(2) Without limiting subsection (1), the Minister may make rules —| (a) | prescribing the particulars, information and documents to be provided with any application made under this Act; | | (b) | prescribing the form to be used for any purpose under this Act; | | (c) | prescribing the fees to be charged for the purposes of this Act; | | (d) | providing for —| (i) | the inspection of premises subject to this Act and of conveyances used for the carriage of animals, fish, meat products and fish products; and | | (ii) | the inspection, examination and certification of animals, fish, meat products and fish products; |
| | (e) | providing for the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of any such authorisation; | | (f) | prescribing the powers and functions of authorised officers and authorised examiners; | | (g) | providing for the certification of meat products and fish products intended for export and the conditions under which such certificates may be withdrawn; | | (h) | regulating or prohibiting the administration of drugs or other substances to animals before slaughter; | | (i) | regulating or prohibiting the acceptance at slaughter‑houses of animals for slaughter which are diseased or otherwise unfit for use in the production of meat products; | | (j) | regulating the manner in which animals intended for slaughter, fish, meat products and fish products are to be conveyed from place to place and providing for the inspection of conveyances carrying or intended to be used for carrying animals, fish, meat products and fish products; | | (k) | regulating and controlling the processing and packing of meat products or fish products in licensed processing establishments; | | (l) | prescribing requirements for the chilling, freezing and storage of any meat product or fish product and providing for the approval of any material used in packing any product; | | (m) | regulating —| (i) | the construction, lighting, ventilation, air temperature, cleansing, drainage, water supply, maintenance and good management of premises subject to this Act; | | (ii) | the construction, cleansing and maintenance of all fixtures, appliances, instruments, utensils and things connected or used therewith or connected with the management of the premises; and | | (iii) | the hygiene requirements to be observed by or in relation to any person working in the premises so far as concerns the clothing, conduct and health of such person; |
| | (n) | regulating and controlling the application of chemicals, drugs and other substances to meat products or fish products and the use of ingredients in the processing of meat products or fish products; | | (o) | requiring information as to the nature and quantity of chemicals, drugs or other substances which have been applied to any meat product or fish product or of the ingredients which have been used in the processing of any meat product or fish product to be shown on the labels of such products; | | (p) | prescribing the mode of dealing with animals and fish which are diseased or otherwise unfit for use in the production of meat products or fish products; | | (q) | requiring that any meat product or fish product intended for export should conform to the requirements of the country to which it is to be exported, and prohibiting or restricting the export of any such product unless the prescribed requirements are complied with; | | (r) | providing for the handling and treatment of live animals intended for slaughter for human consumption; | | (s) | regulating the methods for the slaughter of animals; | | (t) | providing for the standards of dressing animals slaughtered in licensed slaughter‑houses; | | (u) | regulating and controlling the import of animals, fish, meat products and fish products into Singapore and prescribing the mode of dealing with such animals, fish, meat products and fish products upon their entry into Singapore; | | (v) | setting out requirements and procedures for document control and recording by persons licensed under this Act so as to monitor the supply of meat products and fish products of acceptable quality in Singapore, including —| (i) | the information that must be collected about the meat product or fish product; | | (ii) | the periods for which the information must be kept; and | | (iii) | how, when and to whom that information must be reported; |
| | (w) | prescribing the procedure for the taking and analysis of samples under this Act; | | (x) | prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded; and | | (y) | empowering the Director‑General to issue, from time to time, such directives as the Director‑General may consider necessary for the proper control and management of slaughter‑houses, processing establishments and cold stores or for any matter connected with the provisions of this Act. [11/2019] |
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| (3) The Minister may, in making any rules, provide that any contravention of, or failure or neglect to comply with, any provision of the rules or any directive issued by the Director‑General pursuant to the rules shall be an offence and may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence, the sum of $10,000 and, in the case of a continuing offence, the sum of $100 for every day or part of a day during which the offence continues after conviction. |
| (4) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette. |
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