Sale of Food Act 1973

Sale of Food Act 1973

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act for regulating food to ensure that food for sale is safe and suitable for human consumption and to promote public health, for ensuring the provision of information relating to food to enable consumers to make informed choices and for preventing misleading conduct in connection with the sale of food.

[48/2017]

[1 May 1973]

PART 1

PRELIMINARY

Short title

1.  This Act is the Sale of Food Act 1973.

General interpretation

2.  In this Act, unless the context otherwise requires —

“advertisement” means any of the following where used or apparently used to promote, directly or indirectly, the sale of food:

(a) any words, whether written or in an audible message;

(b) any still or moving picture, sign, symbol or other visual image or representation;

(c) any combination of 2 or more of those things in paragraph (a) or (b),

but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services;

“Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;

“analysis” includes micro-biological assay, and “analyse” is to be construed accordingly;

“authorised analyst” means any person appointed by the Director‑General to be an authorised analyst under section 3(3);

“authorised officer” means the Director‑General and any person appointed by the Director‑General to be an authorised officer under section 3(2);

“Director‑General” means the Director‑General, Food Administration appointed under section 3(1);

“fish” means any species of fish (whether marine or freshwater), and includes —

(a) crustacea, shellfish, echinoderm and molluscs; and

(b) the eggs and young of any fish;

“fish product” means any of the following intended for human consumption:

(a) part of any fish;

(b) any product derived from processing or preserving fish;

(c) any product containing fish;

“food” has the meaning given by section 2A;

“food business” has the meaning given by section 2B;

“food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board;

“food premises” means any premises at, on or from which food is sold, or handled with the intention that it be sold, and includes —

(a) a food vending machine; or

(b) any premises used for a primary food production business,

but does not include any description of premises declared by the Minister by order in the Gazette not to be a food premises;

“food regulation” means any regulation made under section 56;

“handling”, in relation to food for sale, includes any one or more of the following:

(a) making or manufacturing the food;

(b) processing or preserving the food;

(c) cooking, defrosting, heating or preparing the food;

(d) storing, packing or labelling the food;

(e) transporting or delivering the food;

(f) displaying the food;

(g) serving the food,

but does not include primary food production;

“import”, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore;

“importer”, in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the article or is in any way entitled to the custody or control of the article;

“infectious disease” means —

(a) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976;

(b) any skin disease which is likely to be contagious; and

(c) such other disease as the Minister may prescribe;

“insanitary conditions” means such conditions or circumstances as might contaminate any food with dirt or filth or render the same injurious to health or unfit for human consumption;

“intended use”, in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification;

“label” includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package containing food;

“licence” means a licence issued under Part 4;

“licensee” means a person who is the holder of a licence;

“manufacturing”, in relation to food for sale, includes any one or more of the following:

(a) making food by combining ingredients;

(b) significantly changing the condition or nature of food by any process, such as milling flour or peeling, cutting and freezing fruits;

(c) bottling or canning food, including bottling water;

(d) making ice,

but does not include —

(e) cooking or otherwise preparing food at a particular place for retail sale at the place, including sale for immediate consumption; or

(f) making ice at a particular place for use at the place;

“meat” includes any part of slaughtered poultry, bovine animal, ovine animal, caprine animal, porcine animal, game or other animal, that is intended for human consumption;

“meat product” means any of the following intended for human consumption:

(a) offal or other part of a carcase;

(b) any product derived from processing or preserving meat;

(c) any product containing meat;

“non-retail food business” has the meaning given by section 2F;

“package” includes every means by which goods may be cased, enclosed, contained or packed;

“poison” means any substance deemed to be a poison within the meaning of the Poisons Act 1938;

“premises” includes —

(a) land (whether or not vacant);

(b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature);

(c) a vehicle; and

(d) a pontoon;

“prepare” includes manufacture, process and treat;

“primary food production” means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following:

(a) the transport or delivery of food on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(b) the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught;

(c) the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos;

(d) the sale of livestock at sale yards and the transport of livestock to and from sale yards;

(e) any other food production activity that is prescribed as primary food production for the purposes of this Act,

but does not include —

(f) any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught;

(g) the sale or service of food directly to the public; or

(h) any other food production activity that is declared by the Minister by order in the Gazette not to be primary food production for the purposes of this Act;

“primary food production business” means a business or an undertaking or activity that involves, in whole or part, primary food production;

“proprietor” means —

(a) for a food business —

(i) the person carrying on the food business; or

(ii) if the person in sub-paragraph (i) cannot be identified, the person in charge of the food business; and

(b) for any food premises — the proprietor of the food business that operates at, on or from the premises;

“public health” means the health of —

(a) the people in Singapore; or

(b) a community or section of those people;

“requirement of this Act” means —

(a) a requirement of or under a provision of this Act;

(b) a requirement of or under any food regulation;

(c) a requirement of a notice or order given by the Director‑General under this Act;

(d) a requirement of a direction given by the Director‑General under Part 2A; or

(e) a condition imposed by or under this Act or any food regulation;

“retail food business” means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act;

“sell” has the meaning given by section 2E;

“statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council;

“substance” includes any liquid, mixture or compound;

“unsafe”, in relation to food, has the meaning given by section 2C;

“unsuitable”, in relation to food, has the meaning given by section 2D;

“vehicle” means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, such as an aircraft, a vessel, train, motor vehicle or personal mobility device.

[48/2017; 11/2019]

Meaning of “food”

2A.—(1)  In this Act, “food” includes the following:

(a) any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared);

(b) any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a);

(c) any substance used in preparing a substance or thing mentioned in paragraph (a) (other than a substance used in preparing a living thing);

(d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum;

(e) any substance or thing declared by the Minister by order in the Gazette to be food.

[48/2017]

(2)  Without limiting subsection (1), “food” includes —

(a) unprocessed and raw fruits and vegetables that are intended for human consumption;

(b) seeds, plants, or plant material intended for human consumption, including seeds that are intended to be sprouted and consumed as sprouts, but not other seeds, plants, or plant material intended for planting;

(c) drinking water;

(d) any thing that is or is intended to be mixed with or added to any food or drink;

(e) milk and dairy products;

(f) meat and meat products;

(g) fish and fish products; and

(h) eggs.

[48/2017]

(3)  However, food does not include —

(a) any health product within the meaning of the Health Products Act 2007;

(b) any substance that is a medicinal product within the meaning of the Medicines Act 1975;

(c) any controlled drug, psychoactive substance, controlled material or controlled substance within the meaning of the Misuse of Drugs Act 1973;

[Act 12 of 2023 wef 01/06/2024]

(d) any poison within the meaning of the Poisons Act 1938;

(e) any cosmetics;

(f) any tobacco product or tobacco substitute within the meaning of the Tobacco (Control of Advertisements and Sale) Act 1993;

(g) any package (except edible packaging);

(h) any fodder or feeding stuffs for animals; or

(i) any substance or thing declared by the Minister by order in the Gazette not to be food for the purposes of this Act.

[48/2017]

(4)  A substance, thing or chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption.

[48/2017]

(5)  To avoid doubt, “food” may include live animals and plants.

[48/2017]

Meaning of “food business”

2B.—(1)  In this Act, “food business” means a business or an undertaking or activity that involves, in whole or part —

(a) the handling of food intended for sale;

(b) the sale of food (on the Internet or otherwise); or

(c) primary food production,

regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature, or whether it involves the handling or sale of food on one occasion only, and whether part of a non‑retail food business or a retail food business.

[48/2017]

(2)  However, a food business does not include a business or an undertaking or activity —

(a) that is part of a business other than trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, a place (including mobile premises) or services (such as an Internet service provider or an auction site on the Internet);

(b) that consists exclusively of letting for hire marquees, tables, chairs and other similar furniture; or

(c) that is declared by the Minister by order in the Gazette not to be a food business for the purposes of this Act.

[48/2017]

Meaning of unsafe food

2C.—(1)  For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause illness or injury or other physical harm to a person who might later consume it, assuming —

(a) it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use;

(b) nothing happened to it after that particular time and before being consumed by the person that would prevent it being used for its reasonable intended use; and

(c) it was consumed by the person according to its reasonable intended use.

[48/2017]

(2)  However, food is not unsafe for the purposes of this Act merely because —

(a) any individual objects to it because of personal preference;

(b) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds;

(c) its consumption in inappropriate quantities may damage an individual’s health; or

(d) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.

[48/2017]

(3)  In subsection (1)(a), a reference to processes includes a reference to processes involving storage and preparation.

[48/2017]

Meaning of unsuitable food

2D.—(1)  For the purposes of this Act, food is unsuitable if it is food that —

(a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use;

(b) contains, or has attached to it or enclosed with it, any damaged, deteriorated, perished or contaminated substance or thing to an extent that affects its reasonable intended use;

(c) is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption;

(d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food and the presence of which would be unexpected and unreasonable in food prepared or packed for sale in accordance with good trade practice; or

(e) has packaging that is damaged, deteriorated, perished or contaminated to the extent of affecting the food’s reasonable intended use.

[48/2017]

(2)  However, food is not unsuitable for the purposes of this Act merely because —

(a) at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical;

(b) when it is sold for human consumption it contains an agricultural or veterinary chemical or other contaminant, so long as it does not contain the chemical or contaminant in an amount that contravenes any food regulations;

(c) any individual objects to it because of personal preference;

(d) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds;

(e) its consumption in inappropriate quantities may damage an individual’s health; or

(f) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition.

[48/2017]

(3)  In this section, a reference to slaughter of an animal includes a reference to the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food.

[48/2017]

Meaning of “sell”

2E.—(1)  In this Act, “sell” includes carrying on any of the following activities, or a combination of those activities, in relation to food for human consumption or to a food contact article:

(a) bartering;

(b) offering for sale or attempting to sell;

(c) receiving, or having in possession, for sale;

(d) displaying for sale;

(e) causing or permitting to be sold or offered or displayed for sale;

(f) sending, forwarding or delivering for sale;

(g) disposing of by any method for valuable consideration;

(h) disposing of to an agent for sale on consignment;

(i) supplying as a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work;

(j) disposing of by way of raffle, lottery or other game of chance;

(k) offering as a prize or reward;

(l) offering or giving away for the purpose of advertisement or in furtherance of any trade or business;

(m) supplying under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment;

(n) supplying food (whether or not for consideration) in the course of providing services —

(i) to patients in hospitals, hospices and other residential care facilities like nursing homes;

(ii) to children or other individuals in the care or custody of the supplier by virtue of any Act; or

(iii) to prisoners or inmates in prisons or other places for the detention of individuals under any Act;

(o) supplying anything of which any food forms a part;

(p) selling for the purpose of resale for handling or human consumption.

[48/2017]

(2)  Despite subsection (1), in this Act, “sell”, in relation to food, does not include —

(a) exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature; or

(b) supplying food together with accommodation to a person residing at a private residence in exchange for services or labour by the person.

[48/2017]

(3)  For the purposes of this Act —

(a) food that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in furtherance of trade or business is taken to have been displayed for sale by the owner of the food;

(b) food that is donated for a charitable or benevolent purpose is not to be taken to be food that was given away for the purpose of advertisement or in furtherance of trade or business;

(c) food which is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises;

(d) food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and

(e) food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as a sale, offer for sale or display for sale of the food for human consumption.

[48/2017]

Meaning of “non-retail food business”

2F.—(1)  In this Act, “non-retail food business” means a food business that is —

(a) not carried out for a purpose specified in the First Schedule to the Environmental Public Health Act 1987; and

(b) not a primary food production business,

but includes a food business a component of which is a business, an undertaking or activity carried out for a purpose specified in the First Schedule to the Environmental Public Health Act 1987.

[48/2017]

(2)  Without limiting subsection (1), a non‑retail food business includes (but is not limited to) any of the following food businesses:

(a) a factory, plant or other premises where meat products or fish products are processed for sale to wholesalers or retail food businesses, or for export;

(b) the preparing or packing of ready-to-eat salads for the purpose of sale to wholesalers or retail food businesses, or for export;

(c) the manufacturing, preparing or packing of chilled, frozen and shelf-stable meals, condiments or prepared foods for sale to wholesalers or retail food businesses, or for export;

(d) the manufacturing, preparing (including by cutting, mincing, boning, drying, smoking or fermentation after slaughter or harvesting) or packing of meat, poultry or fish products for the purpose of sale to wholesalers or retail food businesses, or for export;

(e) the manufacturing of bottled drinking water or non‑alcoholic beverages, for the purpose of sale to wholesalers or retail food businesses, or for export;

(f) brewers and distillers of vinegar, soya sauce or fish sauce for the purpose of sale to wholesalers or retail food businesses, or for export;

(g) wholesale bakeries supplying food prepared to wholesalers or retail food businesses;

(h) the processing or packing of herbs or spices for the purpose of sale to wholesalers or retail food businesses, or for export;

(i) manufacturing or preparing (including by blending and packing) dry mix products such as cake mix, drinking chocolate, tea bags and powdered soup for sale to wholesalers or retail food businesses, or for export;

(j) a wholesale market where any animal, meat product, fish or fish product is sold wholesale or through auction;

(k) central kitchens supplying food prepared, cooked and packed for the purpose of distribution to retail food businesses;

(l) an operator of a warehouse or cold storage facility for the storage of food intended for sale, whether by wholesalers or retail food businesses.

[48/2017]

(3)  In subsection (2)(c), “shelf-stable”, in relation to food, means that —

(a) the food can be stored at room or ambient temperature before its packaging is opened; and

(b) the food may or may not require refrigeration after its packaging is opened.

[48/2017]

PART 2

ADMINISTRATION AND ENFORCEMENT

Administration of Act and appointment of authorised officers, etc.

3.—(1)  The Minister must appoint from among officers of the Agency the Director‑General, Food Administration, who is responsible for the administration of this Act, subject to the general or special directions of the Minister.

[11/2019]

(2)  The Director‑General may in writing appoint any public officer or any officer of the Agency or any other statutory authority, or an auxiliary police officer appointed under the Police Force Act 2004, to be an authorised officer for the purposes of this Act.

[11/2019]

(3)  The Director‑General may appoint one or more persons with the prescribed qualifications and practical experience to be authorised analysts for the purposes of this Act.

(4)  The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act (except the power of delegation conferred by this subsection) to any authorised officer.

[11/2019]

(5)  The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke a person’s appointment as an authorised officer or authorised analyst.

[11/2019]

(6)  An auxiliary police officer who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Agency.

[11/2019]

Power of authorised officers to enter, etc.

4.—(1)  Any authorised officer may —

(a) at any reasonable time enter and inspect any place where that authorised officer has reason to believe that there is any food or food contact article intended for sale;

(b) inspect any food or food contact article wherever found which that authorised officer has reason to believe is intended for sale;

(c) open and examine any receptacle or package which that authorised officer has reasonable grounds for believing to contain any article to which this Act applies;

(d) mark, seal or otherwise secure, weigh, count or measure any food or food contact article the sale, preparation or manufacture of which is, or appears to be, contrary or not in compliance with an applicable requirement of this Act with respect to food or food contact articles;

(e) seize any food or food contact article wherever found which is or appears to be unwholesome or deleterious to health or which is contrary or not in compliance with an applicable requirement of this Act with respect to food or food contact articles; and any article seized under this Act may at the option of an authorised officer be kept or stored in the building or place where it was seized or may at the direction of an authorised officer be removed to any other proper place;

(f) require any person selling or manufacturing any food or food contact article or that person’s agent or employee to state that person’s name and place of residence; and

(g) destroy any food wherever found which is decayed or putrefied or deleterious to health.

[48/2017]

(2)  Any person claiming anything seized under this section may within 48 hours after the seizure complain thereof to a Magistrate’s Court, and the complaint may be heard and determined by that Court, which may either confirm or disallow the seizure wholly or in part and may order the article seized to be restored.

(3)  If within 48 hours after such seizure no complaint has been made, or if the seizure is confirmed, the article seized becomes the property of the Agency and must be destroyed or otherwise disposed of so as to prevent it being used for human consumption.

[11/2019]

(4)  Where the seizure of any food or food contact article is made under subsection (1)(e), the authorised officer making the seizure has to immediately give written notice of the seizure in the form prescribed or designed under section 53 to the owner or to the consignor or consignee or to the owner’s agent of the thing seized, if the name and address of the owner, consignor, consignee or agent are attached to that food or food contact article or are otherwise known to the authorised officer and the address is in Singapore.

[48/2017]

Power to call for information

5.—(1)  Subject to subsection (6), an authorised officer may at any time require any person —

(a) to produce to the authorised officer for inspection any document or record or copies or extracts of any document or record which the authorised officer believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act; or

(b) to furnish any information as the authorised officer may reasonably require.

[48/2017]

(2)  Any of the authorised officers mentioned in subsection (1) may make, or cause to be made, copies of, or extracts from, any such document or record.

(3)  The copies or extracts certified as such by any authorised officer are, unless the contrary is proved, deemed to be true and correct copies or extracts.

(4)  Any person, who refuses or neglects to comply with any requisition made under this section shall be guilty of an offence.

(5)  Except for the purpose of carrying into effect this Act, any authorised officer who —

(a) does not maintain the secrecy of all matters which come to his or her knowledge in the performance of his or her official duties under this section; or

(b) communicates any such matter to any person,

shall be guilty of an offence.

(6)  The powers conferred under subsection (1) may only be exercised by an authorised officer —

(a) to determine whether an applicable requirement of this Act with respect to food, food contact articles or food businesses has been, or is being, complied with;

(b) to ensure that an applicable requirement of this Act with respect to food, food contact articles and food businesses has been, or is being, or will be, complied with;

(c) to investigate anything that may have, or might potentially have, contaminated food or a food contact article;

(d) to determine whether food or a food contact article is safe or suitable;

(e) to determine whether food or a food contact article poses a risk to human life or public health; or

(f) to investigate any offence under this Act or any contravention of or non‑compliance with an applicable requirement of this Act.

[48/2017]

Power to demand and select and take or obtain samples

6.—(1)  On payment or tender to any person selling or manufacturing any food or food contact article or to that person’s agent or employee of the current market value of samples of the food or food contact article, any authorised officer may at any place demand and select and take or obtain such samples for the purpose of analysis or examination.

[48/2017]

(2)  Any such authorised officer may require that person or that person’s agent or employee to show and permit the inspection of the package in which the food or food contact article is at the time kept, and may take therefrom the samples demanded.

[48/2017]

(3)  Where any food or food contact article is kept for retail sale in an unopened package, a person must not be required by any authorised officer to sell less than the whole of the contents of that package.

[48/2017]

(4)  Any person who refuses or neglects to comply with any demand or requisition made by an authorised officer under this section shall be guilty of an offence.

Power to demand samples of milk or food in course of delivery under contract

7.—(1)  Any authorised officer may procure for the purpose of analysis or examination —

(a) any sample of any milk in course of delivery to the purchaser or consignee pursuant to any contract for the sale to such purchaser or consignee of that milk; and

(b) upon the request or with the consent of the purchaser or consignee, at the place of delivery, any sample of any other article of food in course of delivery to the purchaser or consignee pursuant to any contract for the sale to the purchaser or consignee of that article of food.

(2)  The seller or consignor or any person entrusted by the seller or consignor for the time being with the charge of such milk or other article of food, if the seller, consignor or person entrusted refuses to allow an authorised officer to take the quantity which the authorised officer requires for the purpose of analysis or examination, shall be guilty of an offence.

Any person may have sample analysed

8.  Any person other than the seller may, on payment of the prescribed fee, together with the cost of the sample, require any authorised officer to purchase a sample of any food or food contact article and submit the same for analysis.

[48/2017]

9.  [Repealed by Act 11 of 2019]

Certificate of authorised analyst

10.—(1)  A certificate of the results of an analysis given by an authorised analyst must be in the form prescribed or designed under section 53 and signed by the authorised analyst but the analysis may be made by a person acting under the direction of the authorised analyst.

[48/2017]

(2)  A copy of the result of any analysis of any food or food contact article procured by an authorised officer may be obtained from the authorised analyst by the person from whom the article so analysed was purchased or obtained, on payment of such fee as may be prescribed.

[48/2017]

(3)  A person who uses a copy of the result of an analysis mentioned in paragraph (2) as an advertisement shall be guilty of an offence.

PART 2A

FOOD SAFETY MEASURES

Division 1 — General provisions

Persons to whom directions may be given

10A.  The Director‑General may give a direction under this Part to all or any of the following, individually or as a class:

(a) a licensee;

(b) a proprietor of a food business or food premises, if not a licensee;

(c) an importer of any food or food contact article;

(d) an exporter of any food or food contact article;

(e) a manufacturer of any food contact article;

(f) a person carrying on a business of selling or supplying (by wholesale or retail) any food contact article;

(g) a person in control of, or reasonably appearing to be in control of, food or any thing that may become food.

[48/2017; 11/2019]

Content and effect of directions

10B.—(1)  A direction under this Part is binding on —

(a) the person to whom it is addressed; and

(b) if applicable, the personal representatives, successors and assignees of the person to whom it is addressed to the same extent as it applies to that person.

[48/2017]

(2)  A direction under this Part must be in writing, or be confirmed in writing as soon as practicable after being given orally.

[48/2017]

(3)  In making a direction under this Part, it is not necessary for the Director‑General to give any person who may be affected by the direction a chance to be heard before the direction is given.

[48/2017; 11/2019]

(4)  A direction under this Part must state —

(a) whether the person to whom it is given must —

(i) advise the Director‑General of the details of the manner in which the person proposes to comply with the direction;

(ii) keep information about the matters that are the subject of the direction;

(iii) regularly notify the Director‑General about the steps being taken towards compliance with the direction; or

(iv) give written notice to the Director‑General when the person has complied with the direction;

(b) that it is an offence under this Act to fail to comply with the direction;

(c) that if the person to whom the direction is given fails to comply with it, the Director‑General may carry out the direction; and

(d) that if the Director‑General carries out the direction, the Director‑General may recover the costs reasonably incurred in carrying out the direction from the person to whom the direction was given.

[48/2017; 11/2019]

(5)  A direction under this Part continues in force until the earlier of the following occurs:

(a) the expiry date (if any) stated in the direction is reached;

(b) the Director‑General revokes the direction.

[48/2017; 11/2019]

(6)  A direction under this Part may —

(a) be amended or revoked at any time; and

(b) be extended or renewed, if the Director‑General is satisfied that the circumstances warrant it.

[48/2017; 11/2019]

(7)  If a person to whom the direction is given fails or refuses to comply with it, the Director‑General may carry out the direction, and recover the costs and expenses reasonably incurred in carrying out the direction as a debt due from the person to whom the direction was given.

[48/2017; 11/2019]

(8)  If satisfied that a direction under this Part has been complied with, the Director‑General must —

(a) revoke the direction; and

(b) give written notice of the revocation in the same manner in which the direction was given or served.

[48/2017; 11/2019]

(9)  Subsection (5) does not prevent a further direction being made in the same terms as a direction that has expired.

[48/2017]

Service of directions under this Part

10C.—(1)  A direction under this Part that is addressed to a person is sufficiently served if it is —

(a) delivered personally to the person by an authorised officer;

(b) served in the manner prescribed in section 44; or

(c) if the name and address of the proprietor of any food premises is unknown, affixed to the food premises.

[48/2017]

(2)  A direction under this Part that is addressed to a class of persons is sufficiently served if it is —

(a) served on each of the persons in the class in accordance with subsection (1); or

(b) published both —

(i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the Director‑General, will be most likely to bring the direction to the attention of the persons who belong to the class; and

(ii) on the Agency’s official website.

[48/2017; 11/2019]

(3)  A direction under this Part that is addressed to a statutory authority is sufficiently served if it is served on the chief executive (however described) of the statutory authority in accordance with subsection (1).

[48/2017]

(4)  A direction under this Part that is served —

(a) in accordance with subsection (1) takes effect when it is served;

(b) in accordance with subsection (2)(a) takes effect when it is served on all the persons in the class in question; and

(c) in accordance with subsection (2)(b) takes effect at the beginning of the day after the date on which subsection (2)(b) has been complied with.

[48/2017]

Division 2 — Directions

General corrective action direction

10D.—(1)  The Director-General may give a direction to any of the persons described in section 10A about the taking of preventative or corrective action in respect of food or a food contact article that the Director‑General reasonably believes is necessary (whether or not from the report of an authorised analyst or authorised officer) to ensure compliance with an applicable requirement of this Act with respect to food or food contact articles.

[48/2017; 11/2019]

(2)  Without limiting subsection (1), “corrective action”, in the case of a direction given to a food business, includes requiring the proprietor of the food business to do any one or more of the following:

(a) take specified steps to ensure that food raised, cultivated, harvested, caught, prepared, sold or otherwise handled at the premises at which the food business is carried out is safe and suitable;

(b) take specified steps to ensure that those premises, or any vehicle, plant, food contact article, machinery or equipment used on those premises in connection with any food raised, cultivated, harvested, caught, prepared, sold or otherwise handled at those premises is cleaned and disinfected or put into an altered condition to the satisfaction of an authorised officer;

(c) ensure that any applicable requirement of this Act with respect to food or food contact articles is complied with;

(d) until the corrective action in paragraph (a), (b) or (c) is complied with, ensure that —

(i) the premises at which the food business is carried out, or a specified area of the premises, is not used for the raising, cultivation, harvesting, catching, preparation, sale or other handling of food or an activity connected with food specified in the direction;

(ii) any vehicle, plant, food contact article, machinery or equipment on those premises is not used in connection with the raising, cultivation, harvesting, catching, preparation, sale or other handling of food or an activity connected with food specified in the direction; or

(iii) any food or class of food specified in the direction is not removed from those premises, for any purpose (including any purpose specified in the direction) or in any circumstances specified in the direction, for the period of time that is specified in the direction.

[48/2017]

Direction to impose movement controls

10E.—(1)  The Director‑General may give a direction in subsection (2) if the Director‑General reasonably suspects (whether or not from the report of an authorised analyst or authorised officer) —

(a) that food or any thing that may become food, or a food contact article, does not comply with an applicable requirement of this Act; or

(b) the existence of a hazard or a source of contamination that may affect food or any thing that may become food.

[48/2017; 11/2019]

(2)  The direction may impose movement or related controls to determine, minimise, manage, or control the risk to human life or public health created by the suspected non‑compliance or suspected existence of the hazard or the source of contamination.

[48/2017]

(3)  A direction under this section must specify the suspected non‑compliance, hazard or source of contamination, including by reference to —

(a) a thing described in subsection (4);

(b) a place (where, for example, there may be contamination from the land or the environment); or

(c) a particular person or food business or a specified class of food business (where, for example, the contamination may have been caused by a human act or omission).

[48/2017]

(4)  The controls may be imposed on all or any of the following:

(a) activities;

(b) areas or premises;

(c) food contact articles;

(d) vehicles;

(e) food;

(f) any thing that may become food;

(g) food businesses;

(h) anything else that the Director‑General suspects relates to the suspected non‑compliance or the suspected hazard or the source of suspected contamination.

[48/2017; 11/2019]

(5)  The controls on those things described in subsection (4) may do all or any of the following in relation to a food contact article, or food or any thing that may become food:

(a) restrict its movement, sale, production, manufacturing or handling;

(b) apply conditions to its movement, sale, production, manufacturing or handling;

(c) prohibit its movement, sale, production, manufacturing or handling;

(d) require the taking of specific actions such as sampling and testing to determine the risk (if any) to human life or public health;

(e) require the taking of specific actions to minimise, manage, or control the risk to human life or public health;

(f) do anything else that is necessary to achieve the purpose described in subsection (2).

[48/2017]

(6)  A direction under this section may —

(a) direct the keeping of information about the matters that are the subject of the direction;

(b) direct the provision of reports about matters that are the subject of the direction; or

(c) direct the person to whom the direction is given to notify the Director‑General when —

(i) the non-compliance, hazard, or source of contamination has been identified;

(ii) the non-compliance, hazard, or source of contamination has been minimised or removed; or

(iii) no non-compliance, hazard, or source of contamination has been identified.

[48/2017; 11/2019]

(7)  In this section, “hazard” means a biological, chemical or physical agent that —

(a) is in food or has the potential to be in food, or is a condition of food, or has the potential to affect the condition of food; and

(b) causes or could cause an adverse or injurious effect on human life or public health.

[48/2017]

Direction to recall food or food contact article

10F.—(1)  The Director‑General may give any direction in subsection (2) to persons described in section 10A —

(a) for the purpose of examining, rectifying, controlling, or disposing of food or a food contact article, after taking into account any relevant information or warnings about food or a food contact article that the Director‑General has received from authorised officers, or an international organisation or authority; or

(b) if the Director‑General has reasonable grounds to believe that the direction is necessary —

(i) to prevent or reduce the possibility of a serious danger to public health; or

(ii) to mitigate the adverse consequences of a serious danger to public health.

[48/2017; 11/2019]

(2)  The directions are —

(a) to recall food or a food contact article that is not safe or suitable or the safety or suitability of which is in doubt;

(b) to recall a food contact article that has, or for which there is doubt about whether it has, contaminated food or caused food to be no longer safe or suitable;

(c) to recall a food contact article if there is doubt about whether it may contaminate food;

(d) to recall food or a food contact article that is mislabelled or incorrectly identified;

(e) to take food or a food contact article recalled under any of paragraphs (a) to (d) to —

(i) a place specified in the directions; or

(ii) a place agreed to between the Director‑General and the person to whom the directions are given; or

(f) any directions that may be given under section 10G, as appropriate.

[48/2017; 11/2019]

(3)  A direction to recall food or a food contact article may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.

[48/2017]

(4)  A person who is required by a direction to recall food or a food contact article must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion.

[48/2017; 11/2019]

(5)  If a person to whom the direction is given under this section fails or refuses to comply with it, the Director‑General may —

(a) take any reasonable steps necessary to ensure control of the food or food contact article (including entry by authorised officers to a place under a warrant); and

(b) recover the costs and expenses reasonably incurred in assuming control of the food or food contact article as a debt due from the person to whom the direction was given.

[48/2017; 11/2019]

(6)  This section does not prevent the Agency exercising its power under section 10I.

[48/2017; 11/2019]

Direction to manage food or food contact article

10G.—(1)  The Director‑General may give any direction in subsection (2) to persons described in section 10A if the Director‑General —

(a) reasonably believes that food or a food contact article that is already the subject of a direction under section 10E is not safe or suitable and further controls are required; or

(b) recalls food or a food contact article under section 10F.

[48/2017; 11/2019]

(2)  The direction may be about doing or not doing any of the following to the food or food contact article:

(a) condemning or destroying it;

(b) disposing of or re-exporting it;

(c) identifying it;

(d) handling, or re-processing it;

(e) labelling or relabelling it;

(f) storing it;

(g) transporting it;

(h) sampling or testing it;

(i) advertising or selling it.

[48/2017]

Direction to publish statement

10H.—(1)  The Director‑General may give to persons described in section 10A a direction about publishing a statement to the public, or to a class of persons specified in the direction, for the purpose of protecting the public or class of persons, as the case may be.

[48/2017; 11/2019]

(2)  The Director‑General may specify that the statement must include all or any of the following:

(a) the nature of the problem, including (where applicable) —

(i) the particular food or type of food or food contact article to be recalled or disposed of;

(ii) the reasons why the food or food contact article is considered to be unsafe or unsuitable; and

(iii) the circumstances in which the consumption of the food is unsafe;

(b) the remedy that the person will provide;

(c) the way in which the person will prevent the problem arising in future.

[48/2017; 11/2019]

(3)  The Director‑General may specify the actual words to be used in the statement or any part of it.

[48/2017; 11/2019]

(4)  The Director‑General may specify all or any of the following:

(a) who must publish the statement;

(b) where the statement must be published;

(c) the date on which the statement must be published.

[48/2017; 11/2019]

(5)  Statements published under this section are protected by absolute privilege.

[48/2017]

Division 3 — Supplementary provisions

Compensation

10I.—(1)  A person bound by a direction under this Part who suffers loss as a result of the making of the direction may apply to the Agency for compensation if the person considers that there were insufficient grounds for the making of the direction.

[48/2017; 11/2019]

(2)  If there were insufficient grounds for the making of the direction, the Agency is to pay just and reasonable compensation to the applicant.

[48/2017; 11/2019]

(3)  The Agency must send written notification of the Agency’s determination as to the payment of compensation under this section to each applicant for the payment of compensation.

[48/2017; 11/2019]

(4)  If the Agency has not determined an application for compensation under this section within 28 days after receiving the application, the Agency is taken to have refused to pay any compensation.

[48/2017; 11/2019]

(5)  An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Agency as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination —

(a) within 14 days after the day on which notification of the determination was received; or

(b) in a case to which subsection (4) applies, within 14 days after the 28‑day period mentioned in that subsection ends.

[48/2017; 11/2019]

(6)  If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the General Division of the High Court.

[48/2017; 40/2019]

(7)  No application for the payment of compensation may be made under this section after the 14‑day period mentioned in subsection (5)(a) or (b) ends.

[48/2017]

Appeal to Minister

10J.—(1)  A person mentioned in section 10A to whom a direction under this Part is given and who is aggrieved by the direction may appeal to the Minister.

[48/2017]

(2)  An appeal under this section must be in writing and specify the grounds on which it is made, and be made within a prescribed period after the date of receipt of the decision that is appealed against.

[48/2017]

(3)  The Minister’s decision on appeal is final.

[48/2017]

(4)  The Minister may designate to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section —

(a) any Senior Minister of State or Minister of State, for his or her Ministry; or

(b) any Senior Parliamentary Secretary or Parliamentary Secretary, for his or her Ministry,

and any reference in this section to the Minister includes a reference to the Senior Minister of State or Minister of State, or Senior Parliamentary Secretary or Parliamentary Secretary so designated for that appeal.

[48/2017]

Non-compliance with food safety measures

10K.—(1)  A person to whom a direction under this Part is addressed must not, without reasonable excuse —

(a) carry on an activity in contravention of the direction;

(b) neglect or refuse to comply with any such direction; or

(c) fail to comply with a condition specified in such a direction.

[48/2017]

(2)  A person who contravenes subsection (1) 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.

[48/2017]

(3)  A person must not remove the copy of any direction affixed to any food premises under section 10C(1)(c) while that direction remains in force.

[48/2017]

(4)  A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

[48/2017]

Interface with other written laws

10L.  To avoid doubt, nothing in this Part derogates from any requirement imposed by or under —

(a) the Animals and Birds Act 1965;

(b) the Control of Plants Act 1993;

(c) the Control of Vectors and Pesticides Act 1998;

(d) the Environmental Public Health Act 1987;

(e) the Feeding Stuffs Act 1965;

(f) the Fisheries Act 1966;

(fa) the Food Safety and Security Act 2025;

[Act 7 of 2025 wef 28/11/2025]

(g) the Health Products Act 2007;

(h) the Medicines Act 1975;

(i) the Misuse of Drugs Act 1973;

(j) the Poisons Act 1938; or

(k) the Wholesome Meat and Fish Act 1999.

[48/2017; 11/2019]