Singapore Food Agency Act 2019

Singapore Food Agency
Act 2019

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 to establish the Singapore Food Agency.

[1 April 2019: Except sections 55, 56 and 63 ;

2 April 2019: Section 55 ;

1 June 2019: Section 56 ;

1 September 2019: Section 63 ]

PART 1

PRELIMINARY

Short title

1.  This Act is the Singapore Food Agency Act 2019.

Interpretation

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

“accreditation, certification or inspection mark” means any accreditation, certification or inspection mark of the Agency;

“Agency” means the Singapore Food Agency established by section 3;

“animal” includes —

(a) any amphibian, bird, crustacean, fish, insect, mammal (other than a human being), mollusc, reptile or any form of aquatic life; and

(b) any egg, embryo, ova or sperm of any thing in paragraph (a);

“Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Chairperson of the Agency, and includes any person appointed under section 14 to act in that capacity;

“Chief Executive” means the Chief Executive of the Agency appointed under section 31, and includes any person acting in that capacity;

“committee” means a committee of the Agency appointed under section 27;

“committee member” means an individual appointed to be a member of a committee;

“delegate” means a person to whom the Agency under section 29(1) delegates the performance or exercise of any of its functions or powers;

“Deputy Chairperson”, in relation to the Agency, means a member of the Agency who is appointed under section 12 as a Deputy Chairperson of the Agency;

“food” has the meaning given by section 2A of the Sale of Food Act 1973;

“food business” has the meaning given by section 2B of the Sale of Food Act 1973;

“food industry” means an industry consisting of —

(a) food businesses; and

(b) persons who carry on any business in connection with one or more, or any part, or any combination, of the following:

(i) the production of primary produce;

(ii) the supply of food or the safety of food;

(iii) activities involving agricultural science or agri‑biotechnology in relation to food or food biotechnology;

“food standard” means a standard about any of the following matters:

(a) the composition of food, including —

(i) the maximum amounts of contaminants or residues that may be present in the food;

(ii) the maximum or minimum amount of additives that must or may not be present in the food;

(iii) its microbiological status and safety; and

(iv) the method of sampling and testing the food to determine its composition;

(b) the production of food;

(c) the packaging, storage or handling of food;

(d) any information about food including labelling, promotion or advertising;

(e) the interpretation of food standards;

(f) such other public health matters relating to food as are prescribed;

“functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act;

“member”, in relation to the Agency, means a member of the Agency appointed under section 10, and includes any person appointed under section 14 to act in that capacity;

“primary produce” means —

(a) food from or involved in the production of primary produce;

(b) an animal or plant intended for human or animal consumption;

(c) raw material taken from an animal or plant for food which is in substantially the same condition as when it was taken from the animal or plant; or

(d) a substance, other than food —

(i) that is labelled as not intended for consumption by humans or animals;

(ii) that the Minister is satisfied is likely to be consumed by humans or animals and if so consumed, poses a food safety hazard to the humans or animals; and

(iii) that is prescribed to be primary produce;

“production of primary produce” includes the following:

(a) the growing, cultivation, picking, harvesting, collection or catching (including fishing) of animals or plants;

(b) the transport or delivery of primary produce;

(c) the sorting or grading of primary produce;

(d) the freezing, packaging, refrigeration, storage, treating or washing of primary produce, including —

(i) enhancing the appearance of the primary produce (such as by waxing or oiling it); and

(ii) dealing with the primary produce solely to kill bacteria or germs in the produce, or to ripen it;

(e) the dismembering, filleting, peeling or shucking of seafood, or adding brine to seafood;

(f) the pasteurisation or homogenisation of milk, or manufacturing of other dairy produce;

(g) meat processing;

(h) the processing of primary produce intended for consumption by animals where the animal, or any part or product of the animal, is intended for human consumption,

but does not include a process (such as manufacturing or canning) in which the nature of the primary produce is substantially changed, and an activity which is carried on incidentally to the carrying on of a retail business and is prescribed;

“public authority” means a body corporate established by a public Act for the purposes of a public function;

“subdelegate” means a person to whom a delegate under section 29(2) further delegates the performance or exercise of any of the Agency’s functions or powers;

“transfer date”, for the purposes of Part 8, is 1 April 2019.

PART 2

ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY

Singapore Food Agency

3.  A body called the Singapore Food Agency is established by this section.

Agency is body corporate

4.—(1)  The Agency —

(a) is a body corporate with perpetual succession;

(b) may acquire, hold and dispose of real and personal property; and

(c) may sue and be sued in its corporate name.

(2)  The Agency may use, and operate under, one or more trading names approved by the Minister.

(3)  A trading name can be an abbreviation or adaptation of the Agency’s corporate name, or a name other than the Agency’s corporate name.

(4)  The Agency must cause notice of every trading name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name.

Functions of Agency

5.—(1)  The Agency has the following functions:

(a) to support regulation of the production of primary produce and animal feed to ensure the safety and wholesomeness of food supply in Singapore;

(b) to support regulation of the handling and supply of food to ensure that it is safe and suitable for human consumption and to promote public health;

(c) to support assessing and otherwise requiring that food produced in or imported into Singapore complies with Singapore food standards so as to ensure that it is safe and suitable for human consumption;

(d) to support regulation of the construction, hygiene and operating procedures of premises, vehicles and equipment used for the handling or supply of food;

(e) to support regulation of businesses engaged in the handling or supply of food so as to minimise food safety risks and to ensure the provision of information relating to food to enable consumers to make informed choices;

(f) to undertake or facilitate the education and training of persons engaged in the handling or supply of food to enable them to minimise food safety risks;

(g) to support regulation of street hawking and trade fairs, whether or not engaged in the handling or supply of food;

(h) to develop food education initiatives, including the publication of information to increase public awareness of food supply resilience, food safety, food standards and food labels;

(i) to protect and conserve fisheries and to regulate the fisheries industry, including the use and control of fishing ports and harbours;

(j) to promote and develop the food industry, including any enterprise based on or using agri‑biotechnology, agrotechnology or food biotechnology;

(k) to develop, manage and control the common property of the food processing facilities, food‑distribution facilities and fishing ports in Singapore, and to provide and improve services or amenities to persons working in these facilities or ports to enhance the operations of businesses operating in them;

(l) to advise the Government on matters relating to the food industry and to food, food safety and food supply, and on matters that may be included in food standards;

(m) to represent the Government internationally on matters relating to fisheries, and to food, food businesses, food safety, food supply and on matters that may be included in food standards;

(n) to collect, compile and analyse data about food, the food industry, food businesses, food safety, food supply and matters that may be included in food standards, and to publish the results of any such compilation and analysis or abstracts of those results;

(o) to accredit, or facilitate accreditation by others in Singapore of, persons in the food industry;

(p) to promote or undertake research into matters relating to food, the food industry, food businesses, food safety, food supply and on any matter which may be included in food standards;

(q) to cooperate and collaborate in particular with —

(i) any public officer or other public authority or Health Officer in the administration of the Infectious Diseases Act 1976;

(ii) the Health Sciences Authority in the administration of the Health Products Act 2007;

(iii) the Director‑General of Public Health in the administration of the Environmental Public Health Act 1987; and

(iv) the National Parks Board in the discharge of its functions;

(r) to perform such other functions as may be conferred on the Agency by any other Act.

(2)  In performing the functions conferred on the Agency by subsection (1), the Agency is to have regard to —

(a) the protection of public health and safety;

(b) the resilience of the food supply chain for Singapore and the need to enhance the capacity of parties involved in the food supply chain to better prepare for and manage the impact of natural or man‑made disasters, climate change and other adverse disruptions on food sources and supply;

(c) the extent of consistency between food standards in Singapore with those used internationally, based on the best available scientific evidence;

(d) the provision of adequate information relating to food to enable consumers to make informed choices and to prevent fraud and deception;

(e) the promotion of fair trading in food; and

(f) the promotion of trade and commerce in the food industry.

(3)  In addition to the functions conferred by this section, the Agency may undertake such other functions as the Minister may assign to the Agency, by notification in the Gazette, and in so undertaking —

(a) the Agency is deemed to be fulfilling the purposes of this Act; and

(b) the provisions of this Act apply to the Agency in respect of those other functions and duties.

(4)  Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.

Powers of Agency

6.—(1)  The Agency has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions.

(2)  Without limiting subsection (1), the powers of the Agency include the following:

(a) to enter into contracts, agreements or arrangements;

(b) to acquire, develop, hold and dispose of real or personal property;

(c) to appoint and act through agents;

(d) to employ staff and engage consultants;

(e) to publish or provide any information, or publish or sponsor the publication of works;

(f) to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;

(g) to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise;

(h) with the approval of the Minister, to form or join in the formation of a company, association, trust or partnership or enter into a joint venture with any person;

(i) to be a member of a company, association, trust or partnership;

(j) to provide financial incentives, support, grant, aid or assistance to any person;

(k) to charge for the provision of goods or services, or the performance of work, by or on behalf of the Agency;

(l) to waive the payment of fees and charges payable to the Agency;

(m) to accept gifts, grants, bequests and devises made to the Agency, and act as trustee of money and other property vested in the Agency on trust;

(n) to enter into agreements or arrangements with persons, authorities or organisations in Singapore or overseas with respect to the food industry, food safety, food supply and matters that may be included in food standards;

(o) to provide technical, consultancy or advisory services to the Government or any other person in Singapore or overseas on any matter related to, or connected with, the food industry, food safety, food supply and matters that may be included in food standards;

(p) to become a member or an affiliate of any international body whose functions, objects or duties relate to food, food safety or any matter that may be included in food standards;

(q) to participate in international, regional and bilateral negotiations on matters relating to the food industry, food safety, food supply and matters that may be included in food standards;

(r) to establish, manage and administer any accreditation, certification or inspection scheme or a register, for any purpose relating to any function of the Agency, including specifying, by notification in the Gazette, accreditation marks, certification marks or inspection marks of the Agency and controlling the use of those accreditation, certification or inspection marks;

(s) to do any other thing that is incidental or conducive to the performance of its functions.

(3)  To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act.

(4)  However, the Agency must not acquire shares or another interest in an entity holding an accreditation under this Act.

(5)  The Agency may exercise its powers inside or outside Singapore.

Directions of Minister, etc.

7.—(1)  The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.

(2)  To avoid doubt, the Minister is entitled —

(a) to have information in the possession of the Agency; and

(b) where the information is in or on a document, to have, and make and retain copies of, that document.

(3)  For the purposes of subsection (2), the Minister may request the Agency —

(a) to provide information to the Minister; or

(b) to give the Minister access to information.

(4)  The Agency must comply with a request under subsection (3).

(5)  In this section —

“document” includes any tape, disc or other device or medium on which information is recorded or stored;

“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Agency.

Agency’s symbol, etc.

8.—(1)  The Agency has the exclusive right to the use of one or more symbols or representations as the Agency may select or devise (each called in this section the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities or affairs.

(2)  A person who —

(a) uses, without the prior written permission of the Agency, a symbol or representation identical with the Agency’s symbol or representation; or

(b) uses a symbol or representation which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion,

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 6 months or to both.