Sale of Food (Food Establishments) Regulations 2002

No. S 310

Sale of Food Act

(Chapter 283)

Sale of Food (Food Establishments)
Regulations 2002

In exercise of the powers conferred by section 38(1) of the Sale of Food Act, the Minister for National Development hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Sale of Food (Food Establishments) Regulations 2002 and shall come into operation on 1st July 2002.

Definitions

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

“cooked food” means any food which is wholly or partially cooked or raw food which is ordinarily consumed raw;

“food establishment” means any food establishment specified in the Second Schedule to the Act, but does not include any establishment licensed under the Wholesome Meat and Fish Act (Cap. 349A);

“food production employee” means any person who engages in or who supervises the preparation of any food in a food establishment;

“licence” means a licence referred to in section 20A of the Act;

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

“preparation” includes the manufacture, packing, delivery, carriage, storage and serving of food.

Person to whom licence may be issued

3.—(1) The Director-General shall not issue a licence to any person unless that person is carrying on business in Singapore and is

(a)	registered under the Business Registration Act (Cap. 32); or
(b)	in the case of a company, incorporated or registered under the Companies Act (Cap. 50).

(2) The Director-General may refuse to issue a licence to an applicant if he is satisfied that the applicant or one of his partners or, if the applicant is a body corporate, one of its directors —

(a)	had previously been convicted of an offence under the Act or these Regulations; or
(b)	was the holder of a licence which had been suspended or cancelled under section 37C of the Act.

(3) The Director-General may at any time vary or revoke any of the existing restrictions or conditions of a licence, or impose new restrictions or conditions.

Application for licence

4. An application for a licence shall be made to the Director-General in such form or manner as the Director-General may require and shall be accompanied by —

(a)	the appropriate fee specified in the Sale of Food (Fees) Regulations 2002 (G.N. No. S 309/2002); and
(b)	such particulars, information and documents as may be specified by the Director-General; and
(c)	if required by the Director-General, a statutory declaration by the applicant verifying any information contained in or relating to the application.

Licence to be exhibited

5. A licensee shall exhibit his licence in a conspicuous position in the food establishment in respect of which the licence has been issued.

No alteration to buildings or premises

6. A licensee shall not make any alteration or change to the buildings or premises of his licensed food establishment unless the plans of the alteration or change have been approved by the Director-General or an authorised officer before the commencement of such alteration or change.

Restriction on use, etc., of licensed food establishment

7. Every licensee shall ensure that his licensed food establishment is used only for the purpose for which the licence is issued, and that no person prepares any food or places any food outside his licensed food establishment.

Storage of food

8. Every licensee shall ensure that food is stored in such a way that —

(a)	it is protected from the likelihood of contamination; and
(b)	the environmental conditions under which it is stored will not adversely affect the safety and suitability of the food.

Packaging of food

9. Every licensee shall ensure that food is packed —

(a)	with packing material that is fit for its intended use;
(b)	with material that is not likely to contaminate the food; and
(c)	with care to prevent any contamination during the packaging process.

Transport of food

10. Every licensee shall ensure that during transportation, food is —

(a)	protected from any likelihood of contamination; and
(b)	kept under a suitable temperature so as not to affect its wholesomeness and safety.

Food unfit for human consumption

11. No licensee shall bring into or prepare in or permit to be brought into or prepared in any licensed premises any food which is unsound or unfit for human consumption.

Personal cleanliness

12.—(1) No person who is engaged in the preparation of food shall during such preparation —

(a)

handle with his bare hands any cooked food but shall —

(i)	use a clean fork, tongs, scoop or other suitable implement; or
(ii)	wear clean gloves;

(b)

apply his fingers to his mouth, eye, ear, nose or scalp;

(c)

use his breath to open any bag or wrapper;

(d)

wipe his hands on his clothing or with any other material other than a clean towel;

(e)

place, so that it can come into contact with food for sale, any substance, material or article which is unclean or likely to contaminate such food or which has been in contact with his mouth;

(f)

cough, spit, sneeze or expel mucus from his nose; or

(g)

smoke, or use tobacco or snuff or any other preparation, or chew tobacco or betel nuts.

(2) Every person who is engaged in the preparation of food shall —

(a)

wear clean attire and keep his body clean;

(b)

protect or cover with water-proof dressing any open cut or lesion or graze on his hand;

(c)

keep his finger nails clean and short; and

(d)

upon every occasion —

(i)	before commencing such preparation; or
(ii)	after visiting any urinal, water closet or other similar convenience and before resuming such preparation,

wash his hands thoroughly with soap and clean water.

(3) Where an offence under this regulation is proved to have been committed with the consent and connivance of, or to be reasonably attributed to any neglect on the part of, the licensee of the licensed food establishment, the licensee shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Maintenance of licensed food establishment

13.—(1) Every licensee shall ensure that his licensed food establishment is properly maintained and kept clean.

(2) The Director-General may require the licensee to provide or implement any facility, system or programme to facilitate the safety of food prepared at the licensed food establishment.

Penalty

14.—(1) Any person or licensee who contravenes regulation 5, 6, 7, 8, 9, 10, 11, 12 or 13 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.

(2) A licensee who would have been guilty of an offence if anything had been done or omitted by him personally shall be guilty of that offence and shall be liable to the same penalty if that thing had been done or omitted to be done by his employee or assistant in the course of his business or in the scope of his employment unless he proves to the satisfaction of the court that the offence was committed without his knowledge and that he took all reasonable precautions to prevent the commission of the offence.

Made this 25th day of June 2002.

PETER CHAN JER HING

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 202/1-41 V 25; AG/LEG/SL/283/1998/1 Vol. 1]

(To be presented to Parliament under section 38(3) of the Sale of Food Act).

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