Singapore Productivity and Standards Board (Singapore Quality Mark) Certification Regulations

Singapore Productivity and Standards Board Act

(Chapter 303A, Section 42)

Singapore Productivity and Standards Board
(Singapore Quality Mark) Certification Regulations

Rg 1

G.N. No. S 355/1996

REVISED EDITION 1997

(15th June 1997)

[1st April 1996]

Citation

1. These Regulations may be cited as the Singapore Productivity and Standards Board (Singapore Quality Mark) Certification Regulations.

Definitions

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

“approved product standard” means the standard accepted by the Board for the purpose of issuing a licence;

“licence” means a licence issued by the Board under these Regulations authorising the use of the Singapore Quality Mark in respect of any product;

“licensee” means a person who holds a valid licence;

“Quality Management System Requirements” means the requirements for quality management systems published by the Board for the purpose of issuing a licence;

“Singapore Quality Mark” means the Singapore Quality Mark specified by the Board under section 7(1)(j) of the Act for the certification of the quality of products.

Prohibition of use of Singapore Quality Mark without licence

3. No person shall use the Singapore Quality Mark in respect of any product unless —

(a)	he has in force a valid licence; and
(b)	the facsimile of the Singapore Quality Mark to be used by him has been approved by the Board under regulation 12.

Board may issue licence

4. The Board may, either unconditionally or subject to such conditions as it thinks fit, issue a licence to any person who has satisfied the Board that —

(a)	the product in respect of which he proposes to use the Singapore Quality Mark conforms to the relevant approved product standard;
(b)	the quality management system used by him in the manufacture of that product complies with the Quality Management System Requirements; and
(c)	he has in operation a scheme of inspection and testing which adequately ensures that that product shall conform to the relevant approved product standard.

Duration of licence

5. Subject to regulation 13, every licence shall continue in force for a period of 3 years from the date of its issue and may, on its expiry, be renewed for such period as the Board may determine.

Application for issue or renewal of licence

6.—(1) An application for the issue or renewal of a licence shall be made to the Board in such form as the Board may require.

(2) Every application for the renewal of a licence shall be submitted to the Board not less than 4 weeks before the expiry of the period for which the licence was issued or previously renewed, as the case may be.

Fees payable upon application for, issue and renewal of licence

7.—(1) Every applicant for the issue or renewal of a licence shall, when submitting his application to the Board, pay the fee specified in the Schedule.

(2) The fee paid for the application for the issue or renewal of a licence shall not be refundable.

(3) The fee payable for each year of a licence shall be as specified in the Schedule.

(4) Upon the issue or renewal of a licence, the licensee shall pay the fee in respect of the first year of the licence.

(5) The fee in respect of —

(a)	the second year of the licence shall be payable within one month of the expiration of the first year of the licence; and
(b)	the third year of the licence shall be payable within one month of the expiration of the second year of the licence.

(6) No licence shall be deemed to have been issued or renewed until the fee in respect thereof has been paid.

Board may require applicant for licence to provide evidence, etc., relating to quality, etc., of product

8.—(1) Before issuing a licence under regulation 4, the Board may require the applicant —

(a)

to produce to the Board evidence that the product in respect of which he proposes to use the Singapore Quality Mark conforms to the relevant approved product standard;

(b)

to produce to the Board evidence that the quality management system used by him in the manufacture of that product complies with the Quality Management System Requirements;

(c)

to produce to the Board evidence that he has in operation a scheme of inspection and testing which adequately ensures that that product shall conform to the relevant approved product standard;

(d)

to provide, for such duration as the Board may reasonably require, all facilities as are reasonable and necessary to enable an inspector to inspect the factory or other premises at which that product is manufactured, for the purpose of —

(i)	verifying the evidence produced to the Board under sub-paragraphs (a), (b) and (c);
(ii)	obtaining any other information as may be required by the Board;
(iii)	selecting samples of that product for testing;
(iv)	checking the process or the mode of manufacture of that product; and
(v)	checking the records relating to the control of the process or the quality of that product;

(e)

to submit to the Board such samples of that product or any instrument, equipment, apparatus or material as may be required by the Board in order that the Board or such other testing authority or organisation as the Board may appoint shall be able to evaluate the product or the mode of manufacture of that product; and

(f)

to make such alterations or additions as the Board may direct to the scheme of inspection and testing or mode of manufacture of that product.

(2) All expenses of and incidental to the compliance with any of the requirements stated in paragraph (1) shall be borne by the applicant for the licence.

Board may refuse to issue or renew licence

9.—(1) The Board may, in its discretion, refuse to issue a licence to or renew the licence of an applicant if —

(a)	his application is not in accordance with the form required by the Board;
(b)	he has failed to satisfy the Board of any of the matters specified in regulation 4;
(c)	he has failed to meet any requirement of the Board under regulation 8; or
(d)	for any other reason, the Board is of the opinion that it is undesirable to issue a licence to or renew the licence of the applicant.

(2) Where the Board is of the opinion that an application for the issue or renewal of a licence shall not be granted, the Board may, if it thinks fit, give to the applicant an opportunity of showing cause why his application should not be refused.

(3) Where the Board refuses to issue or renew a licence, it shall, if requested to do so by the applicant, state in writing the reasons for its refusal.

Form of licence

10. A licence and a renewal thereof shall be in such form as determined by the Board.

Licence not transferable or assignable

11. No person who has been issued with a licence shall transfer, assign or otherwise dispose of the licence.

Approval of facsimile of Singapore Quality Mark

12. Any person to whom a licence has been issued shall submit to the Board for its approval the facsimile of the Singapore Quality Mark to be used by him and shall not, until he has obtained the approval of the Board, use the Singapore Quality Mark in whatsoever form and for whatsoever purpose.

Cancellation or suspension of licence

13. The Board may cancel or suspend a licence if it is satisfied that —

(a)	the licensee has obtained the licence by making or causing to be made any false or fraudulent declaration, certification or representation, either in writing or otherwise;
(b)	the product to which the licensee has applied the Singapore Quality Mark does not conform to the relevant approved product standard;
(c)	the licensee has applied the Singapore Quality Mark to a product in respect of which the licence was not issued or which does not conform to the relevant approved product standard;
(d)	the product in respect of which the licence was issued has not been in production for a period of one year or such longer period as the Board may determine;
(e)	the licensee has failed to provide any facilities as were reasonable and necessary to enable an inspector to discharge any of his duties under the Act or these Regulations;
(f)	the licensee has contravened or failed to comply with any of the provisions of the Act or these Regulations;
(g)	the licensee has failed to comply with any of the terms or conditions of the licence issued to him;
(h)	the licensee has become a bankrupt or has entered into liquidation;
(i)	the licensee has been convicted of any offence which is of such a nature that, in the opinion of the Board, it is undesirable that he should continue to hold the licence; or
(j)	the licensee is for some other reason not fit to continue to hold the licence.

Procedure for cancellation or suspension of licence

14.—(1) The Board shall not cancel or suspend a licence unless it has —

(a)	not less than 2 weeks before cancelling or suspending the licence, served on the licensee a written notice of its intention to do so and the grounds therefor; and
(b)	considered any written explanation which the licensee may give within the two-week period.

(2) Where a licensee to whom a notice has been given by the Board under paragraph (1)(a) submits a written explanation to the Board under paragraph (1)(b) within the two-week period given to him to do so, the Board may, at the request of the licensee, grant him an opportunity to show cause why his licence should not be cancelled or suspended at such time and place as may be specified by the Board.

(3) If, upon considering the written explanation submitted by a licensee under paragraph (1)(b) and upon considering any further explanation that may have been made by the licensee under paragraph (2), the Board is satisfied that the licence should not be cancelled or suspended, the Board may, subject to such terms or conditions which it considers fit to impose, withhold the cancellation or suspension of the licence.

(4) If no written explanation is submitted to the Board by a licensee under paragraph (1)(b) within the two-week period given to him to do so, or if, upon considering the written explanation submitted by a licensee under paragraph (1)(b) and upon considering any further explanation that may have been made by him under paragraph (2), the Board is nevertheless of the opinion that the licence should be cancelled or suspended, the Board may, on the expiry of the period of the notice given under paragraph (1)(a), cancel or suspend the licence.

Notification of cancellation or suspension of licence

15. Every notification of the cancellation or suspension of a licence shall be given to the holder of the licence by a letter from the Board, and the holder of the licence shall cease to be entitled to use the Singapore Quality Mark in respect of any product from the date of the cancellation or suspension of the licence as stated in the letter, notwithstanding that he has appealed to the Minister under regulation 18 against the cancellation or suspension of his licence.

Return of suspended or cancelled licence

16. Upon the cancellation or suspension of a licence pursuant to regulation 14, the person who has the licence in his possession shall forthwith deliver it to the Board.

Reduction of period of suspension

17. The Board may, at any time and for such reason as it thinks sufficient, reduce the period for which a licence has been suspended.

Appeals

18. Any person aggrieved by any decision of the Board under regulation 9 or 14 may, within 2 weeks of the decision of the Board being notified to him in writing, appeal to the Minister whose decision shall be final.

Duty of person whose licence has not been renewed or has been cancelled or suspended

19.—(1) Any person whose licence has not been renewed or has been cancelled or suspended by the Board, or whose appeal to the Minister under regulation 18 has been unsuccessful, shall —

(a)	forthwith discontinue his use of the Singapore Quality Mark;
(b)	unless the Board otherwise directs, forthwith take such steps as are reasonable and necessary to have the Singapore Quality Mark removed, cancelled or obliterated from every product or the immediate container thereof to which he has applied the Singapore Quality Mark; and
(c)	if required by the Board, deliver to the Board within such time as the Board may specify, all products, stickers, labels, packaging or brochures to which he has applied the Singapore Quality Mark, which products, stickers, labels, packaging or brochures are within his possession, custody or control.

(2) Any person who contravenes or fails to comply with paragraph (1) shall be guilty of an offence.

Notification in Gazette of issue, cancellation or suspension of licence

20. Where pursuant to these Regulations a licence has been issued, cancelled or suspended by the Board, the Board may cause to be published in the Gazette and in such other publication as the Board considers fit a notification of the issue, cancellation or suspension of the licence.

Application of Singapore Quality Mark

21.—(1) No licensee shall apply the Singapore Quality Mark to any product otherwise than in accordance with the terms and conditions of the licence issued to him.

(2) A licensee shall, unless the Board otherwise approves, apply the Singapore Quality Mark directly to the product in respect of which the licence has been issued to him, or to its immediate container.

Duty of licensee

22. It shall be the duty of a licensee to —

(a)	ensure that the product to which he applies the Singapore Quality Mark conforms at all times to the relevant approved product standard;
(b)	establish and maintain to the satisfaction of the Board a system of control, inspection and testing for use in relation to the manufacture of that product;
(c)	keep a complete and up-to-date record of the system of control, inspection and testing established and maintained by him under paragraph (b), which record shall contain all such particulars as are necessary to satisfy the Board that the system of control, inspection and testing is being constantly maintained; and
(d)	produce to the Board or an inspector for inspection or allow an inspector to remove for further examination upon demand being made therefor, the original or any required number of copies of the record kept by him under paragraph (c).

23.—(1) The Board shall maintain a register of all licensees.

(2) The particulars of every licensee to be entered into the register shall be —

(a)	the name of the licensee;
(b)	the address as stated in the licensee’s application form for the issue of the licence and, where applicable, any subsequent change in that address of which the licensee has notified the Board;
(c)	the date of the issue of the licence and, where applicable, the date of each renewal of the licence;
(d)	the number of the licence issued to the licensee;
(e)	a brief description of the product in respect of which the licence has been issued to the licensee;
(f)	the address of the factory or other premises at which the product in respect of which the licence has been issued to the licensee is manufactured and, where applicable, any subsequent change in that address of which the licensee has notified the Board;
(g)	where relevant, the date on which the licensee was convicted of any offence under the Act or any regulations made thereunder and a brief statement of that offence;
(h)	the date on which any licence issued to the licensee is cancelled or suspended and a brief statement of the reasons therefor; and
(i)	such other particulars as the Board thinks fit.

Licensee to notify Board of change in address

24.—(1) Every licensee who changes his address or the address of the factory or other premises at which the product in respect of which the licence has been issued to him is manufactured shall immediately notify the Board in writing thereof.

(2) Any notification given by the Board under these Regulations shall be deemed to have been properly given if sent by prepaid post to the licensee at the last address appearing in the register kept under regulation 23 as the address of the licensee.

Inspectors

25.—(1) Every inspector shall be furnished by the Board with an identification card which shall be in such form as the Board may prescribe.

(2) Every inspector shall carry the identification card with him at all times when he is on duty and shall, on demand by any person, produce it for inspection.

(3) Every licensee or applicant for the issue or renewal of a licence shall afford every inspector reasonable access to the factory or other premises at which the product in respect of which a licence has been issued to him or is being sought by him to be issued or renewed is manufactured, and shall provide every inspector with such facilities as may be reasonable and necessary to enable the inspector to carry out any of his duties under the Act or these Regulations.

Power of inspectors

26. Every inspector may, during the working hours of a licensee or an applicant for the issue or renewal of a licence, enter the factory or other premises of the licensee or applicant —

(a)	for the purpose of ascertaining whether the product in respect of which any licence has been issued or is being sought to be issued or renewed, as the case may be, conforms to the relevant approved product standard;
(b)	to inspect any operation being carried out therein in connection with the manufacture of that product;
(c)	to take samples of any product, material or substance used or intended to be used in the manufacture of that product;
(d)	in the case of a licensee, for the purpose of ascertaining whether the Singapore Quality Mark is being applied by the licensee in accordance with the terms and conditions of the licence which has been issued to him;
(e)	in the case of a licensee, for the purpose of ascertaining whether the scheme of inspection and testing specified by the Board is being correctly followed by the licensee; and
(f)	to do such other thing as may be reasonable or necessary for the purpose of carrying out his duties under the Act or these Regulations.

Procedure for inspection of premises and taking samples

27.—(1) Unless the circumstances warrant otherwise, every inspector shall, before visiting the factory or other premises of a licensee or an applicant for the issue or renewal of a licence, give to the licensee or applicant at least 2 hours’ advance notice of his visit.

(2) If, upon inspecting the factory or other premises of a licensee or an applicant, an inspector finds it necessary to take any sample of any article, product, material, substance or other thing, he shall —

(a)

take the sample in the presence of the licensee or applicant or any other person authorised by the licensee or applicant;

(b)

unless the licensee or applicant agrees otherwise —

(i)	place each sample in a container;
(ii)	seal the container jointly with the licensee or applicant or any other person authorised by the licensee or applicant; and
(iii)	affix to the container a label containing full particulars of the sample taken; and
(c)	issue a receipt for every sample taken by him.

Report of inspection

28.—(1) An inspector shall furnish to the Board, within such time as the Board may specify, a report of every inspection made by him under these Regulations.

(2) Every report made by an inspector under paragraph (1) shall be in such form and shall contain such particulars as the Board may require.

Charges for inspection of premises, advice given and consultation

29.—(1) The Board may levy a charge of such amount as it may determine for —

(a)	any inspection that has been made of the factory or other premises of a licensee or an applicant for the issue or renewal of a licence; or
(b)	any advice given by the Board to the licensee or applicant or any consultation that the licensee or applicant has with the Board for the purpose of these Regulations.

(2) The licensee or applicant, as the case may be, shall pay the amount charged to the Board under paragraph (1) within such time as the Board may specify.

Expenses of and incidental to test to be borne by licensee or applicant

30. Where any test has been conducted by the Board or by any other testing authority or organisation appointed by the Board to do so either for the purpose of these Regulations or at the request of a licensee or an applicant for the issue or renewal of a licence, the expenses of and incidental to the test shall be borne by the licensee or applicant.

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