4. Regulation 40A of the principal Regulations is deleted and the following Part substituted therefor:“PART IVAA Interpretation of this Part |
40A. In this Part —“affix”, in relation to a Water Efficiency Label, includes printing the Water Efficiency Label on the packaging of a registered water fitting; |
“manufacturer” includes a person who assembles parts of a specified water fitting; |
“registered supplier” means an importer or a manufacturer who is registered as a registered supplier under regulation 40AE(3); |
“specified water fitting” means —(a) | a tap and mixer; | (b) | a flushing cistern; | (c) | a urinal flush valve; | (d) | a waterless urinal; and | (e) | a clothes washing machine intended for household use; |
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“supply”, in relation to any specified water fitting, means the supply of the specified water fitting in the course of any trade or business, and includes —(a) | the supply of the specified water fitting by way of sale, lease, loan, consignment, hire or hire‑purchase; | (b) | the supply of the specified water fitting in connection with any agreement; | (c) | the offer to supply the specified water fitting; and | (d) | the display of the specified water fitting for supply; |
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“test report”, in relation to any specified water fitting, means the report of the most recent test carried out for the specified water fitting in accordance with the prevailing test standard or method specified in Part 1 of the Second Schedule; |
“Water Efficiency Label” means a water efficiency label that is in accordance with the requirements specified in Part 2 of the Second Schedule. |
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Division 2 — Restrictions on supply, etc., of specified water fittings |
Restrictions on supply of specified water fittings |
40AA.—(1) A person must not supply any specified water fitting unless the specified water fitting —(a) | is registered under regulation 40AE(3); and | (b) | is affixed with a Water Efficiency Label in the manner specified in regulation 40AD(3). |
(2) A person must not supply any specified water fitting affixed with a Water Efficiency Label —(a) | that is obscured or defaced; or | (b) | that the person has reason to believe to be altered, forged or falsified. |
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(3) Without affecting paragraph (1) or (2), an importer or a manufacturer of a specified water fitting must not supply the specified water fitting unless —(a) | the importer or manufacturer is a registered supplier for the specified water fitting; and | (b) | the specified water fitting meets the water efficiency requirements specified in Part 3 of the Second Schedule for the specified water fitting. |
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(4) Any person that contravenes paragraph (1), (2) or (3) shall be guilty of an offence. |
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Restrictions on advertisements for supply of specified water fittings |
40AB.—(1) A person must not advertise a specified water fitting for supply unless the specified water fitting is registered under regulation 40AE(3).(2) Without affecting paragraph (1), the person advertising the specified water fitting —(a) | where the advertisement has any visual element, must ensure that —(i) | a Water Efficiency Label is, as far as practicable, displayed in the advertisement next to the image or description of the specified water fitting; or | (ii) | where it is not practicable to comply with sub‑paragraph (i), all the information contained in the Water Efficiency Label is stated in the advertisement; and |
| (b) | must not claim or imply that the specified water fitting is tested, certified, or otherwise approved by the Government or the Board. |
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(3) Any person that contravenes paragraph (1) or (2) shall be guilty of an offence. |
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Restrictions on supply of water fittings modified after registration |
40AC.—(1) Where a water fitting is modified after it is registered under regulation 40AE(3), a person must not supply the water fitting as modified, unless —(a) | for a modification affecting the water efficiency of the registered water fitting, the registered supplier that originally registered the water fitting first separately registers the water fitting as modified under regulation 40AE(3); or | (b) | for a modification not affecting the water efficiency of the registered water fitting, the registered supplier that originally registered the water fitting first notifies the Board in writing of the modification and gives to the Board the particulars of the modification required by the Board. |
(2) Any person that contravenes paragraph (1) shall be guilty of an offence. |
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Restrictions relating to Water Efficiency Label |
40AD.—(1) A person must not affix, or cause to be affixed, a Water Efficiency Label on a specified water fitting unless —(a) | the specified water fitting has been registered by the Board; | (b) | the person is a registered supplier for the water fitting; and | (c) | the Water Efficiency Label was issued to the person by the Board for the registered water fitting. |
(2) A registered supplier must, before supplying the registered water fitting in Singapore, affix the Water Efficiency Label in accordance with the requirements in paragraph (3). |
(3) A Water Efficiency Label must be affixed on a registered water fitting in accordance with the following requirements:(a) | where the Water Efficiency Label is not printed onto the packaging of the registered water fitting, the Water Efficiency Label must be affixed securely on the registered water fitting or its packaging; | (b) | the place where the Water Efficiency Label is affixed must be conspicuous and unobstructed. |
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(4) A person must not —(a) | alter in any way any Water Efficiency Label that is to be or is affixed on a registered water fitting; | (b) | forge or falsify any Water Efficiency Label; or | (c) | without reasonable excuse, remove, obscure or deface any Water Efficiency Label affixed on any registered water fitting. |
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(5) Any person that contravenes paragraph (1), (2) or (4) shall be guilty of an offence. |
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Division 3 — Administration and enforcement of this Part |
Registration of suppliers and water fittings |
40AE.—(1) An importer or a manufacturer that intends to supply a specified water fitting in Singapore may apply to the Board —(a) | to be registered as a registered supplier; and | (b) | to register the specified water fitting that the importer or manufacturer intends to supply in Singapore. |
(2) Every application mentioned in paragraph (1) must be accompanied by —(a) | such documents and information as may be required in the relevant form set out at the Board’s Internet website at http://www.pub.gov.sg; | (b) | a test report issued by an accredited laboratory in respect of the specified water fitting showing the water efficiency of the water fitting; and | (c) | such other documents and information as the Board may require. |
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(3) Upon considering the application received under paragraph (2), the Board may register, or refuse to register —(a) | any applicant as a registered supplier; or | (b) | any specified water fitting as a registered water fitting. |
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(4) The Board must not register a specified water fitting under paragraph (3) if the specified water fitting does not comply with regulation 5. |
(5) A registered supplier that —(a) | intends to cease supplying a registered water fitting in Singapore must notify the Board of such an intention no less than 14 days before it ceases to supply the registered water fitting; or | (b) | changes the registered supplier’s name or contact details must inform the Board in writing of such a change within 7 days after the change. |
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(6) Any person that fails to comply with paragraph (5) shall be guilty of an offence. |
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Withdrawal or revocation of registration |
40AF.—(1) The Board may withdraw the registration —(a) | of any registered supplier where the registered supplier applies to the Board to withdraw the registered supplier’s registration as such; or | (b) | of any registered water fitting that a registered supplier ceases to supply in Singapore, where the registered supplier applies to the Board to withdraw such registration. |
(2) The Board may revoke the registration of any registered supplier after giving notice to the registered supplier and after such inquiry as the Board thinks fit if —(a) | the registered supplier procured the registration by providing any particulars, information or document, or by making any statement or representation, to the Board which is false or misleading in any material particular; | (b) | the registered supplier has contravened regulation 40AA, 40AC or 40AD; or | (c) | the registered supplier has ceased to carry on the trade of business of supplying registered water fittings in Singapore. |
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(3) The Board may revoke the registration of any registered water fitting after giving notice to the registered supplier supplying the registered water fitting and after such inquiry as the Board thinks fit, if the Board is satisfied that —(a) | the registered water fitting does not conform with the results of any test or examination furnished by the registered supplier to the Board under this Division; | (b) | the registered water fitting does not meet the water efficiency requirements specified in Part 3 of the Second Schedule; or | (c) | the registered supplier has procured the registration of the registered water fitting by providing any particulars, information or document, or by making any statement or representation, to the Board which is false or misleading in any material particular. |
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(4) The Board must, within 14 days after giving notice under paragraph (2) or (3), inform the registered supplier concerned in writing of the revocation in the notice and the grounds for the revocation. |
(5) Where the registration of any water fitting is withdrawn under paragraph (1) or revoked under paragraph (3), the registered supplier of the water fitting must, within 14 days after the registered supplier applies to withdraw the water fitting or the Board informs the registered supplier of the revocation under paragraph (4), as the case may be, give notice to every person whom the registered supplier knows, or reasonably ought to know, intends to supply that water fitting in Singapore, of the withdrawal or revocation of the registration. |
(6) Any person that fails to comply with paragraph (5) shall be guilty of an offence. |
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Board may require specified water fittings for testing or analysis |
40AG.—(1) The Board may require any person carrying on a trade or business which consists of or includes the supply of any specified water fitting —(a) | to provide free of charge to the Board samples of the specified water fitting for the purpose of testing or analysis; and | (b) | to furnish to the Board such documents or information as the Board may require in respect of the specified water fitting or the supply of the specified water fitting. |
(2) Any person that fails to comply with any requirement of the Board under subsection (1) shall be guilty of an offence. |
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Board may require recall of specified water fittings supplied |
40AH.—(1) Where the Board knows or has reason to believe that a specified water fitting has been supplied in contravention of regulation 40AA or 40AC, the Board may, by notice in writing, require the person (called in this paragraph the first person) who supplied the specified water fitting to, within such time specified in the notice —(a) | recall, at the first person’s own cost and expense, all such water fittings (whether or not also installed); or | (b) | notify every person whom the first person knows, or reasonably ought to know, intends to supply that water fitting in Singapore, of the contravention. |
(2) Any person that fails to comply with a notice served on him under paragraph (1) shall, unless the person satisfies the court that the person has used all due diligence to comply with the notice, be guilty of an offence.”. |
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