Control of Plants (Import of Fresh Fruits and Vegetables) Rules

Control of Plants Act

(CHAPTER 57A)

R 1

G.N. No. S 26/1994

REVISED EDITION 1995

(1st April 1995)

[18th February 1994]

Citation

1. These Rules may be cited as the Control of Plants (Import of Fresh Fruits and Vegetables) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“consignment” means a consignment of any single type of fresh fruit or vegetable which originates from one producer;

“importer” means any person who imports any fresh fruit or vegetable for sale or supply and includes his employee, agent or any other person acting under his control or direction;

“licence” means a licence issued by the Director under rule 4 authorising the holder thereof to import any fresh fruit or vegetable for sale or supply in Singapore;

“licensee” means the holder of a licence issued under rule 4;

“permit” means a permit which, by virtue of an order made by the Minister under section 7 of the Act in respect of any fresh fruit or vegetable from any specified country, territory, place or farm, is required for the import for sale or supply in Singapore of such fresh fruit or vegetable;

“permitted pesticide” means any pesticide which is specified in the Tenth Schedule to the Food Regulations [Cap. 283, Rg 1];

“prohibited pesticide” means any pesticide which is not specified in the Tenth Schedule to the Food Regulations.

Application for licence or permit to import fresh fruits or vegetables

3.—(1) Every application for a licence or permit shall be made in such form as the Director may provide and shall specify such particulars as the Director may require.

(2) Every application for a licence or permit shall be accompanied by the appropriate fee specified in the Schedule.

Issue of licence or permit

4.—(1) Upon receiving an application under rule 3, the Director may, subject to paragraph (2) and such conditions as he may think fit to impose, issue a licence or permit to the applicant.

(2) The Director shall not issue a licence or permit to any applicant unless the applicant is carrying on business in Singapore and is registered under the Business Registration Act [Cap. 32] or in the case of a company, incorporated under the Companies Act [Cap. 50].

(3) Every licence or permit shall be in such form as the Director may determine.

(4) Notwithstanding paragraph (1), the Director may refuse to issue a licence or permit without assigning any reason.

(5) The Director may at any time add to, vary or revoke, any of the conditions subject to which a licence or permit has been issued.

Duration of licence or permit

5.—(1) Subject to rule 10, every licence shall be valid for a period not exceeding one year and may be renewed upon its expiry.

(2) Every permit shall be valid for a period of one month or such other period as the Director may determine.

Renewal of licence

6.—(1) Every application for the renewal of a licence may be made at any time during the one month immediately preceding its expiry.

(2) Every application for the renewal of a licence shall be made in such form as the Director may provide and shall be accompanied by the appropriate fee specified in the Schedule.

(3) Upon receiving an application for the renewal of a licence, the Director may renew the licence subject to such terms and conditions as he may think fit to impose, or may refuse to renew the licence without assigning any reason.

Replacement of lost or defaced licence

7.—(1) Where a licence has been lost or defaced before its expiry, the licensee may apply to the Director for the issue of a duplicate licence.

(2) Upon receiving an application under paragraph (1) and the payment of the appropriate fee specified in the Schedule, the Director shall issue a duplicate licence to the licensee and the duplicate licence so issued shall have the same effect as the original thereof.

(3) Any licensee to whom a duplicate licence has been issued in replacement of a licence which he has lost shall, upon discovering the original licence, forthwith return the duplicate licence to the Director.

(4) No duplicate licence shall be issued in place of a defaced licence unless the defaced licence is surrendered to the Director for cancellation.

(5) No refund shall be made for the fee paid —

(a)	for a duplicate licence upon its return to the Director under paragraph (3); or
(b)	for a licence surrendered to the Director under paragraph (4).

Licence or permit not transferable

8. No licensee or holder of a permit shall transfer or assign the benefit of his licence or permit to any other person.

Alteration of licence or permit

9. Any person who without lawful authority alters any licence or permit issued under these Rules or knowingly makes use of any licence or permit so altered shall be guilty of an offence.

Revocation or suspension of licence or permit

10.—(1) The Director may revoke or suspend any licence or permit where the licensee or holder of the permit has —

(a)	failed to comply with any of the conditions subject to which his licence or permit has been issued; or
(b)	been convicted of an offence under the Act or these Rules.

(2) On the revocation or suspension of a licence or permit, the Director shall notify the licensee or holder of the permit, as the case may be, of the revocation or suspension and in the case of a suspension, he shall specify in the notice the period of the suspension.

(3) On the receipt of a notification under paragraph (2), the licensee or holder of the permit, as the case may be, shall forthwith surrender his licence or permit to the Director.

(4) Where a licence or permit has been surrendered to the Director on its suspension under paragraph (3), the Director shall, upon the expiry of the period of the suspension, return the licence or permit to the person to whom the licence or permit was issued if the licence or permit has not at that time expired.

Where consignment is not imported by licensed importer or accompanied by permit

11.—(1) Where an agricultural officer is satisfied that any consignment which has arrived but which has not yet entered Singapore has not been imported by a licensed importer or is not accompanied by a valid permit where one is required in respect of the consignment, the agricultural officer may prohibit the entry of the consignment into Singapore.

(2) Where an agricultural officer is satisfied that any consignment which has entered Singapore has not been imported by a licensed importer or is not accompanied by a valid permit where one is required in respect of the consignment, the agricultural officer may —

(a)	detain the consignment and direct the importer of the consignment to export, destroy or otherwise dispose of the consignment; or
(b)	seize and destroy the consignment.

Inspection of consignment

12.—(1) The importer of any consignment shall, when directed by an agricultural officer to do so, take the consignment to the Pasir Panjang Wholesale Centre or such other place as may be specified by the agricultural officer for inspection prior to its distribution or sale.

(2) The importer of any consignment shall, either personally or by his agent, submit to an agricultural officer —

(a)	at the time of the importation of the consignment;
(b)	at the time when the consignment enters Singapore; or
(c)	within such time as the agricultural officer may allow,

a copy of the import declaration in respect of the consignment and such other document relating to the consignment as may be required by the Director.

Pesticide residue levels

13. No person shall import for sale or supply in Singapore any fresh fruit or vegetable containing —

(a)

any residue of any prohibited pesticide; or

(b)

any residue of any permitted pesticide exceeding —

(i)	the level specified in the Tenth Schedule to the Food Regulations [Cap. 283, Rg 1] in respect of that pesticide; or
(ii)	where no such specification has been made in the said Schedule in respect of any such pesticide, the level recommended by the Joint FAO /WHO Codex Alimentarius Commission in respect of that pesticide.

Power to take samples for laboratory analysis for pesticide residue and to detain consignment

14.—(1) An agricultural officer may, for the purpose of ascertaining whether any consignment of fresh fruit or vegetable that has been imported for sale or supply in Singapore contains any residue of any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b), at any time prior to the distribution or sale of the consignment —

(a)	take such samples from the consignment as may reasonably be necessary for laboratory analysis or examination; and
(b)	where it appears to him to be necessary to do so, prohibit the distribution or sale of the consignment pending the result of the laboratory analysis or examination of the sample.

(2) No payment shall be made for any sample taken under paragraph (1).

(3) Where an agricultural officer takes any sample pursuant to paragraph (1), the following procedure shall apply:

(a)

the agricultural officer shall —

(i)	seal the sample in such manner as its nature permits;
(ii)	label the sample with the particulars of the importer, the consignment from which it is taken and the date on which it is taken; and
(iii)	sign his name on the label; and

(b)

the importer or, where the importer is not present, the person having charge of the consignment at the material time, shall sign an acknowledgement that the sample taken comes from the consignment of which he is the importer or the person in charge, as the case may be,

and thereafter the agricultural officer shall forthwith deliver the sample to a Scientific Officer for laboratory analysis or examination to determine whether the sample contains any residue of any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b).

(4) Where an agricultural officer has prohibited the distribution or sale of any consignment pending the result of the laboratory analysis or examination of the sample taken therefrom under paragraph (1), he shall cause the consignment to be marked or labelled for identification and may direct the importer or, where the importer is not present, the person having charge of the consignment at the material time, to remove the consignment to such place as the agricultural officer may specify and detain it thereat pending the result of the laboratory analysis or examination of the sample taken.

(5) Any person who —

(a)	without the authority of the agricultural officer, tampers with, removes, distributes, sells or otherwise disposes of, the whole or any part of a consignment which has been detained by the agricultural officer under paragraph (4); or
(b)	alters, counterfeits, defaces, destroys, erases or removes any identification mark or label affixed by the agricultural officer to the consignment,

shall be guilty of an offence.

(6) Where an agricultural officer has prohibited the distribution or sale of any consignment under paragraph (1) or detained any consignment under paragraph (4) and the importer is not present at the time of the prohibition or detention, the agricultural officer shall, as soon as practicable, inform the importer of the prohibition or detention.

(7) Where the result of the laboratory analysis or examination of the sample taken under paragraph (1) confirms that the sample does not contain any residue of any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b), the agricultural officer shall forthwith direct the release of the consignment.

(8) Where the result of the laboratory analysis or examination of the sample taken under paragraph (1) confirms that the sample does contain any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b), the agricultural officer may, in accordance with such directions as the Director may give, order that the whole consignment from which the sample is taken be seized and dealt with or disposed of in accordance with section 38(1) of the Act.

(9) For the purpose of this rule, “Scientific Officer” includes a scientific officer, an analyst or a chemist appointed by the Director.

Container to state particulars indicating source of supply

15.—(1) Every licensee shall ensure that every container of fresh fruits or vegetables imported by him for sale or supply in Singapore is clearly and legibly labelled or marked with the following particulars:

(a)	the name and address of the producer of the fresh fruits or vegetables;
(b)	the names of the fresh fruits or vegetables contained therein; and
(c)	such other particulars as the Director may require.

(2) Where any consignment has not been labelled or marked in accordance with paragraph (1), an agricultural officer may —

(a)	detain the consignment and direct the importer of the consignment to export, destroy or otherwise dispose of the consignment; or
(b)	seize and destroy the consignment.

(3) For the purpose of paragraph (1) (a) —

(a)	a telegraphic or code address or an address at a post office shall not be a sufficient statement of the address of the producer; and
(b)	the name or names appearing on the container shall be presumed to be the name or names of the producer unless proven otherwise.

Making of false declarations, etc.

16. Any person who, being required by or by virtue of these Rules to make any declaration, statement or representation or to produce any document or who, for the purpose of obtaining any licence or permit —

(a)	makes or presents any declaration, statement or representation which, to his knowledge, is false in any material particular; or
(b)	produces any document which, to his knowledge, is false in any material particular or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with,

shall be guilty of an offence.

Power of agricultural officers

17.—(1) In addition to the general powers conferred by section 35(1) of the Act and the powers conferred by the foregoing rules, an agricultural officer may at any time —

(a)

enter and inspect any premises or stop, detain, board or inspect any conveyance where he has reason to believe that such premises or conveyance has been used or is being used in connection with the importation of any fresh fruit or vegetable for sale or supply in Singapore;

(b)

open and examine any container or receptacle which —

(i)	contains or which the agricultural officer reasonably believes to contain; or
(ii)	has been used or is being used or which the agricultural officer reasonably believes to have been used or to be being used in connection with the importation into Singapore of,

any fresh fruit or vegetable;

(c)

require any importer of fresh fruit or vegetable to state his name and place of residence and business or to furnish such other particulars as the agricultural officer may reasonably require;

(d)

require any importer to produce such documents, books or records which relates to or which the agricultural officer reasonably believes to relate to, the importation of any fresh fruit or vegetable for sale or supply in Singapore;

(e)

seize or detain any consignment in respect of which he has reasonable grounds for suspecting that an offence has been committed under the Act or these Rules; and

(f)

do such other act or thing as may be reasonable or necessary for the purpose of carrying out his duties under these Rules.

(2) Any person who obstructs any agricultural officer in the exercise of his powers under this rule shall be guilty of an offence.

Offences

18. Any person who contravenes or fails to comply with rule 8, 10(3), 12(1) or (2), 13, 14(3) (b) or 15(1) shall be guilty of an offence.

Penalty

19. Any person who is guilty of an offence under these Rules shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Forfeiture of consignment upon conviction

20. Where any person is convicted of an offence under these Rules, the court may order that any consignment and any container, receptacle or other article to which the offence relates shall be forfeited to the Government and disposed of as the Director thinks fit.

Search within Legislation