Wholesome Meat and Fish Act 1999

Wholesome Meat and Fish
Act 1999

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 regulate the slaughtering of animals and the processing, packing, inspection, import, distribution, sale, transhipment and export of meat products and fish products and for matters connected therewith.

[10 December 1999]

PART 1

PRELIMINARY

Short title

1.  This Act is the Wholesome Meat and Fish Act 1999.

Interpretation

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

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

“animal” means any bird, mammal, reptile or amphibian;

“authorised examiner” means any person or body of persons designated by the Director-General under section 3(5) to carry out any inspection, examination and certification of any meat product or fish product under this Act and includes any authorised officer;

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

“cold store” means any chiller, freezer, cold room or other refrigerated facility used for the storage of meat products or fish products and includes any refrigerated conveyance used for transportation of meat products or fish products in the course of any trade or business;

“conveyance” includes any aircraft, vessel, train, vehicle or any other artificial contrivance, whether mechanically propelled or otherwise, used or capable of being used as a means of transport on land, water or air;

“Director‑General” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973;

“Director‑General of Customs” means the Director-General of Customs appointed under section 4(1) of the Customs Act 1960;

“disease” means any animal disease and any other disease as is likely to infect human beings;

“examination” includes laboratory analysis;

“export” does not include the taking out of Singapore of any goods in transit or any goods which are being transhipped;

“fish” means any species of fish and includes crustacea, shellfish, echinoderm, mollusc, and the young and eggs thereof;

“fish product” means —

(a) any fish or part of a fish; and

(b) any product or by-product of any fish,

which is intended for human consumption;

“goods in transit” means goods that are brought into Singapore solely for the purpose of taking them out of Singapore and that which remain at all times on the conveyance that brought them into Singapore;

“import” does not include the bringing into Singapore of any goods in transit or any goods which are being transhipped;

“label” means any written, printed, pictorial or other descriptive matter that is to be applied or attached to or included in, or that accompanies or is to accompany, any meat product or fish product or the package or receptacle thereof, and “labelled” is to be construed accordingly;

“meat product” means —

(a) a carcase or any part of a carcase; and

(b) any product or by-product of a carcase,

which is intended for human consumption;

“occupier”  —

(a) in relation to any premises or conveyance, means the person in occupation of the premises or conveyance or having the charge, management or control thereof; and

(b) in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;

“officer of customs” has the meaning given by the Customs Act 1960;

“owner”  —

(a) in relation to any premises or conveyance, means the person for the time being receiving the rent of the premises or conveyance whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the premises or conveyance were let or chartered and, in relation to any premises, includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;

(b) in relation to any licensed slaughter‑house, processing establishment, cold store or wholesale market, means the person holding the licence granted under this Act in respect of the slaughter‑house, processing establishment, cold store or wholesale market; and

(c) in relation to any meat product or fish product or any other item to which this Act applies, includes the person who is the consignor or consignee thereof;

“premises” includes messuages, houses, buildings, structures, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“process”, with its grammatical variations and cognate expressions, includes cutting and the use of any method of manufacture, preservation or preparation;

“processing establishment” means any factory, plant or other premises where meat products or fish products (as the case may be) are processed for distribution to wholesalers or retailers or for export;

“receptacle”, in relation to any meat product or fish product, means any basket, carton, bag, box, packet or article which contains the meat product or fish product and where any such receptacle is contained in another such receptacle includes the latter receptacle;

“rules” means rules made under section 42;

“sell” means to sell by way of retail or wholesale dealing and includes barter, and also includes offering or attempting to sell, or receiving for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale;

“slaughter‑house” means any premises where animals are slaughtered for the production of meat products;

“tranship”, with its grammatical variations and cognate expressions, means to bring any goods into Singapore by land, sea or air from any place which is outside Singapore and then to remove those goods from the conveyance in which they were brought into Singapore and —

(a) return them to that same conveyance; or

(b) transfer them to another conveyance for the purpose of being taken out of Singapore,

whether those goods are to be transferred directly between conveyances or whether they are to be landed in Singapore after they were brought into Singapore and stored, pending their being taken out of Singapore;

“vehicle” means any conveyance used to carry goods by land.

[4/2003; 11/2019]

(2)  For the purposes of this Act, any meat product or fish product is deemed to be adulterated if —

(a) it does not comply with the prescribed standards; or

(b) it contains any chemical, drug or other substance which renders the meat product or fish product injurious to health or unfit for human consumption.

Administration of Act and appointment of officers, etc.

3.—(1)  The Director‑General is responsible for the administration of this Act, subject to the general or special directions of the Minister.

(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 and the rules.

[11/2019]

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

[11/2019]

(4)  Every authorised officer is deemed to be a public servant within the meaning of the Penal Code 1871.

(5)  The Director‑General may designate any person or body of persons to carry out at any appointed place any inspection, examination and certification of any meat product or fish product under this Act.

(6)  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 a person’s or body’s designation under subsection (5).

[11/2019]

(7)  An auxiliary police officer who is appointed as an authorised officer under subsection (2) does not, by virtue only of the appointment, become an employee or agent of the Agency.

[11/2019]

Identification card to be produced

4.—(1)  Every authorised officer, when exercising any of his or her powers under this Act or the rules —

(a) must, if not in uniform, declare his or her office; and

(b) must, on demand, produce to any person affected by the exercise of such power such identification card as the Director‑General, the Director‑General of Customs or the Commissioner of Police may direct to be carried by an authorised officer.

[4/2003]

(2)  It is not an offence for any person to refuse to comply with any request, demand or order made or given by any authorised officer if the authorised officer is not in uniform and refuses to declare his or her office and produce his or her identification card, on demand being made by the person.

PART 2

CONTROL OF IMPORT, EXPORT AND TRANSHIPMENT OF MEAT PRODUCTS AND FISH PRODUCTS

Prohibition of import, export or transhipment of meat products or fish products without licence

5.—(1)  A person must not import, export or tranship any meat product or fish product except under and in accordance with the conditions of a licence granted by the Director‑General under this Part.

(2)  Any person who —

(a) imports, exports or tranships any meat product or fish product without a licence; or

(b) fails to comply with any of the conditions of the person’s licence,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.

Prohibition of import, export or transhipment of meat products or fish products without permit

6.—(1)  A licensee must not import any meat product or fish product for sale, supply or distribution in Singapore unless —

(a) the licensee has obtained a permit from the Director‑General in respect of each consignment of meat products or fish products to be imported by the licensee and the import of each such consignment is carried out in accordance with the conditions of the permit;

(b) the whole consignment conforms to the description as contained in the permit;

(c) the whole consignment meets with the prescribed standards; and

(d) the meat products or fish products constituting the consignment are packaged and labelled in the prescribed manner.

(2)  A licensee must not export any meat product or fish product from Singapore to any country, territory or place unless —

(a) the licensee has obtained a permit from the Director‑General in respect of each consignment of meat products or fish products to be exported by the licensee and the export of each such consignment is carried out in accordance with the conditions of the permit;

(b) the whole consignment to be exported conforms to the description as contained in the permit;

(c) in the case of a consignment of meat products, the whole consignment has been derived from animals which have been slaughtered in slaughter‑houses licensed under this Act or from meat products which have been imported in accordance with this Act;

(d) the whole consignment has been processed in a processing establishment licensed under this Act;

(e) in the case of a consignment which requires to be stored in a cold store, the cold store in which the consignment has been or is being stored is licensed under this Act;

(f) the licensee provides the Director‑General with satisfactory evidence that the whole consignment meets with the requirements of the country to which it is being exported; and

(g) the meat products or fish products constituting the consignment are packaged and labelled in the prescribed manner.

(3)  A licensee must not tranship any meat product or fish product in Singapore unless the licensee has obtained a permit from the Director‑General in respect of each consignment of meat products or fish products to be transhipped by the licensee and the transhipment is carried out in accordance with the conditions of the permit.

(4)  Any licensee who contravenes or fails to comply with subsection (1), (2) or (3) 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 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(5)  Subject to subsection (6), in any proceedings for an offence under subsection (4), it is a defence for the person charged to prove —

(a) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and

(b) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged.

(6)  If in any proceedings the defence provided by subsection (5) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of that other person.

[Act 25 of 2021 wef 01/04/2022]

(7)  In this section, “licensee” means any person who has obtained a licence as required under section 5 for the import, export or transhipment of any meat product or fish product.

Application for licences and permits and renewal of licences

7.—(1)  An application for a licence required under section 5 or a permit required under section 6 must be made to the Director‑General in such form or manner as the Director‑General may require and must be accompanied by —

(a) the prescribed fee;

(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.

(2)  In deciding whether to grant a licence under section 5 for the import of any meat product or fish product, the Director‑General may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to the experience and resources of the applicant in providing a secure and reliable supply in Singapore of the meat product or fish product.

[11/2019]

(3)  Without limiting subsection (2), those inquiries and investigations may include whether the applicant for a licence to import any meat product or fish product has a procurement plan stating —

(a) the risks (including assessments thereof) of any disruption occurring to the import of the meat product or fish product from the markets from which they are to be procured; and

(b) any plan of action (including preventive strategies) for the purpose of —

(i) ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the meat product or fish product of acceptable quality; or

(ii) otherwise reducing or mitigating the effect of any disruption to the supply of the meat product or fish product from any such market from which they are to be procured.

[11/2019]

(4)  On receipt of an application under subsection (1), the Director‑General may —

(a) grant the licence or permit applied for, with or without conditions; or

(b) refuse to grant the licence or permit applied for.

(5)  Without limiting subsection (4), the Director‑General may grant a licence under section 5 subject to such conditions as the Director‑General thinks fit, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of any meat product or fish product.

[11/2019]

(6)  Where the Director‑General has refused to grant a licence or permit under subsection (4)(b), the Director‑General must, if requested to do so by the applicant, state in writing the reasons for his or her refusal.

(7)  The conditions which the Director‑General may impose under subsection (4)(a) include any condition which —

(a) restricts or prohibits the import of any meat product or fish product from any country, territory or place or any farm, slaughter‑house or processing establishment therein; or

(b) restricts or prohibits the export of any meat product or fish product from Singapore to any country, territory or place.

(8)  The Director‑General may at any time vary or revoke any of the existing conditions imposed under subsection (4)(a) or impose new conditions.

(9)  Every licence or permit granted under this section —

(a) is to be in such form as the Director‑General may determine;

(b) is valid for the period stated in the licence or permit unless it is sooner revoked under section 8; and

(c) in the case of a licence, may be renewed upon its expiry.

(10)  Subsections (1) to (9) apply, with the necessary modifications, to an application for the renewal of a licence.

Suspension and revocation of licences and permits

8.—(1)  The Director‑General may suspend or revoke a licence or permit granted under section 7 if he or she is satisfied that —

(a) the grant of the licence or permit has been obtained by fraud or misrepresentation;

(b) the holder of the licence or permit is contravening or has contravened or failed to comply with —

(i) any of the provisions of this Act or the rules;

(ii) any condition of the holder’s licence or permit; or

(iii) any direction given to the holder by the Director‑General or an authorised officer under this Act or the rules or by the Director‑General under Part 2A of the Sale of Food Act 1973; or

(c) it is in the public interest to suspend or revoke the licence or permit.

[48/2017; 11/2019]

(2)  The Director‑General must, before suspending or revoking the licence or permit under subsection (1), give to the holder of the licence or permit written notice of the Director‑General’s intention to do so and must in such notice call upon the holder of the licence or permit to show cause within such time as may be specified in the notice as to why the holder’s licence or permit should not be suspended or revoked.

(3)  If the holder of the licence or permit —

(a) fails to show cause within the period of time given to the holder to do so or such extended period of time as the Director‑General may allow; or

(b) fails to show sufficient cause,

the Director‑General must give to the holder of the licence or permit written notice of the date from which the suspension or revocation of the holder’s licence or permit is to take effect.

Appeals

9.—(1)  Any person who is aggrieved by —

(a) the imposition of any condition by the Director‑General upon granting or renewing a licence or upon granting a permit under section 7;

(b) the refusal of the Director‑General to grant or renew a licence or to grant a permit under section 7; or

(c) the decision of the Director‑General to suspend or revoke a licence or permit under section 8,

may, within 7 days of the date of receipt of the notice informing the person of the imposition of conditions, refusal, suspension or revocation (as the case may be) appeal in writing to the Minister whose decision is final.

(2)  Despite the fact that any appeal under subsection (1) is pending —

(a) any condition imposed by the Director‑General upon granting or renewing a licence or upon granting a permit under section 7; or

(b) the suspension or revocation of a licence or permit under section 8,

takes effect from the date specified in the notice by the Director‑General, unless the Minister otherwise orders.

(3)  Upon the suspension or revocation of a licence or permit, the holder of the licence or permit must surrender the licence or permit to the Director‑General within the time specified in the notice mentioned in subsection (1), failing which the holder of the licence or permit 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.

Inspection of meat products and fish products upon import or before export

10.—(1)  Any person who has imported any meat product or fish product into Singapore or who intends to export any meat product or fish product from Singapore must forthwith arrange, at his or her own expense, for the meat product or fish product to be inspected, examined and certified by an authorised examiner before it is sold or distributed or exported, as the case may be.

(2)  Where any meat product or fish product which has been inspected and examined by an authorised examiner under subsection (1) is found by the authorised examiner to be diseased, adulterated or otherwise unfit for human consumption —

(a) the authorised examiner must issue to the person who imported or who intends to export the meat product or fish product a certificate stating his or her finding; and

(b) the person who imported, or who intends to export, the meat product or fish product must, at the person’s own expense and within the prescribed time —

(i) in the case of an imported meat product or fish product, remove the meat product or fish product from Singapore or destroy or otherwise dispose of the meat product or fish product in the prescribed manner; or

(ii) in the case of any meat product or fish product which is intended for export, destroy or otherwise dispose of the meat product or fish product in the prescribed manner.

(3)  Where a person who has imported, or who intends to export, any meat product or fish product fails to comply with subsection (1) or (2)(b), the person 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.

(4)  Where a person to whom paragraph (b) of subsection (2) applies fails to comply with that paragraph, any authorised officer may take such steps as he or she thinks fit to secure the removal, destruction or disposal of the meat product or fish product and recover any costs and expenses reasonably incurred by him or her from that person.

PART 3

LICENSING OF SLAUGHTER-HOUSES, PROCESSING ESTABLISHMENTS AND COLD STORES

Slaughter of animals to be carried out at licensed slaughter‑houses or premises permitted by Director‑General

11.—(1)  A person must not slaughter any animal which is intended for human consumption or permit any such animal to be slaughtered on any premises, unless —

(a) those premises have been licensed by the Director‑General as a slaughter‑house under this Act and the slaughter of the animal is carried out in accordance with the rules and the conditions of the licence; or

(b) the Director‑General has granted a permit to such person allowing the person to slaughter the animal on those premises for any special reason and the slaughter of the animal is carried out in accordance with the rules and the conditions of the permit.

(2)  Any 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.

(3)  For the purpose of this section, the occupier of any premises in which any animal is slaughtered in contravention of subsection (1) is deemed to have slaughtered that animal, until the occupier proves that it was slaughtered without the occupier’s knowledge or consent.

Processing establishments and cold stores to be licensed

12.—(1)  A person must not use any premises or permit any premises to be used as a processing establishment or a cold store except under and in accordance with the conditions of a licence granted by the Director‑General.

(2)  Any 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.

Application for licences and permits and renewal of licences

13.—(1)  An application for a licence required under section 11(1)(a) or 12(1) or a permit required under section 11(1)(b) must be made to the Director‑General in such form or manner as the Director‑General may require and must be accompanied by —

(a) the prescribed fee;

(b) such particulars, information and document 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.

(2)  On receipt of an application under subsection (1), the Director‑General may —

(a) grant the licence or permit applied for, with or without conditions; or

(b) refuse to grant the licence or permit applied for.

(3)  Where the Director‑General has refused to grant a licence or permit under subsection (2)(b), the Director‑General must, if required by the applicant, state in writing the reasons for his or her refusal.

(4)  In determining whether to grant or refuse to grant a licence required under section 11(1)(a) or 12(1), the Director‑General must have regard to —

(a) the financial standing of the applicant and the applicant’s ability to operate and maintain a slaughter‑house, processing establishment or cold store (as the case may be) in accordance with the prescribed standards; and

(b) the suitability of the premises to be licensed for use as a slaughter‑house, processing establishment or cold store, as the case may be.

(5)  For the purpose of subsection (4), the Director‑General, before granting the licence applied for, may —

(a) require the applicant to produce to the Director‑General evidence of the applicant’s financial standing or to provide a cash security deposit or a bank guarantee not exceeding the prescribed amount;

(b) inspect the premises to be licensed, or cause such premises to be inspected by an authorised officer; and

(c) require the applicant to make, at the applicant’s own expense, such alteration or improvements to the premises to be licensed, or to provide, fix or install such facilities therein, as the Director‑General may specify.

(6)  The Director‑General may at any time vary or revoke any of the existing conditions imposed under subsection (2)(a) or impose new conditions.

(7)  Every licence or permit granted under this section —

(a) must be in such form as the Director‑General may determine;

(b) is valid for the period stated in the licence or permit unless it is sooner revoked under section 14; and

(c) in the case of a licence, may be renewed upon its expiry.

(8)  Subsections (1) to (7) apply, with the necessary modifications, to an application for the renewal of a licence.

Suspension and revocation of licences and permits

14.—(1)  The Director‑General may suspend or revoke a licence or permit granted under section 13 if he or she is satisfied that —

(a) the grant of the licence or permit has been obtained by fraud or misrepresentation;

(b) the holder of the licence or permit is contravening or has contravened or failed to comply with —

(i) any of the provisions of this Act or the rules;

(ii) any condition of the holder’s licence or permit; or

(iii) any direction given to the holder by the Director‑General or an authorised officer under this Act or the rules or by the Director‑General under Part 2A of the Sale of Food Act 1973; or

(c) it is in the public interest to suspend or revoke the licence or permit.

[48/2017; 11/2019]

(2)  The Director‑General must, before suspending or revoking the licence or permit under subsection (1), give to the holder of the licence or permit written notice of the Director‑General’s intention to do so and must in such notice call upon the holder of the licence or permit to show cause within such time as may be specified in the notice as to why the holder’s licence or permit should not be suspended or revoked.

(3)  If the holder of the licence or permit —

(a) fails to show cause within the period of time given to the holder of the licence or permit to do so or such extended period of time as the Director‑General may allow; or

(b) fails to show sufficient cause,

the Director‑General must give written notice to the holder of the licence or permit of the date from which the suspension or revocation of the holder’s licence or permit is to take effect.

Appeals

15.—(1)  Any person who is aggrieved by —

(a) the imposition of any condition by the Director‑General upon granting or renewing a licence or upon granting a permit under section 13;

(b) the refusal of the Director‑General to grant or renew a licence or to grant a permit under section 13; or

(c) the decision of the Director‑General to suspend or revoke a licence or permit under section 14,

may, within 7 days of the date of receipt of the notice informing the person of such imposition of conditions, refusal, suspension or revocation (as the case may be) appeal in writing to the Minister whose decision is final.

(2)  Despite the fact that any appeal under subsection (1) is pending —

(a) any condition imposed by the Director‑General upon granting or renewing a licence or upon granting a permit under section 13; or

(b) the suspension or revocation of a licence or permit under section 14,

takes effect from the date specified in the notice by the Director‑General, unless the Minister otherwise orders.

(3)  Upon the suspension or revocation of a licence or permit, the holder of the licence or permit must surrender the licence or permit to the Director‑General within the time specified in the notice mentioned in subsection (1), failing which the holder of the licence or permit 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.

Ante‑mortem and post‑mortem examination

16.—(1)  The Director‑General may in writing direct the owner or occupier of a licensed slaughter‑house to subject all or any of the animals intended for slaughter at the slaughter‑house to an ante‑mortem examination before slaughter, and to a post‑mortem examination after slaughter, by an authorised examiner.

(2)  The costs of and incidental to any examination mentioned in subsection (1) are to be borne by the person to whom the direction under that subsection is given.

(3)  Any person who fails to comply with any direction given to the person by the Director‑General under 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.

Owners and occupiers of licensed slaughter‑houses to ensure that animals are fit for slaughter

17.—(1)  It is the duty of the owner and occupier of a licensed slaughter‑house to ensure —

(a) that no animal which is diseased or which is, for any other reason, unfit for human consumption is slaughtered at the slaughter‑house; and

(b) that the carcase of any animal which, upon being slaughtered at the slaughter‑house, is found to have any disease or to be otherwise unfit for human consumption is destroyed or disposed of in the prescribed manner.

(2)  Any owner or occupier of a licensed slaughter-house who fails to comply with any of the owner’s or occupier’s duties under 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.

(3)  In any proceedings against the owner or occupier of a licensed slaughter‑house for failing to comply with the owner’s or occupier’s duty under subsection (1)(a), it is a defence for the person charged to prove —

(a) that until the animal had been slaughtered, the person charged did not know, and could not with reasonable diligence have ascertained, that the animal was diseased or otherwise unfit for human consumption; and

(b) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged.

Power to prohibit slaughter

18.—(1)  Where the Director‑General or an authorised officer knows or has reason to believe that any animal intended for slaughter at a licensed slaughter‑house is diseased or is, for any other reason, unfit for human consumption, the Director‑General or authorised officer may by written order —

(a) prohibit the owner or occupier of the licensed slaughter‑house from slaughtering that animal; and

(b) require the owner or occupier of the licensed slaughter‑house to destroy or treat such animal at the owner’s or occupier’s own expense in such manner as the Director‑General or authorised officer thinks fit.

(2)  Any person who fails to comply with an order given to the person by the Director‑General or an authorised officer under 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.

Power to prohibit dressing of carcases

19.—(1)  Where the Director‑General or an authorised officer knows or has reason to believe that the carcase of any animal which has been slaughtered at a licensed slaughter‑house is diseased or is, for any other reason, unfit for human consumption, the Director‑General or authorised officer may by written order —

(a) prohibit the owner or occupier of the licensed slaughter‑house from dressing that carcase; and

(b) require the owner or occupier of the licensed slaughter‑house to destroy or treat such carcase at the owner’s or occupier’s own expense in such manner as the Director‑General or authorised officer thinks fit.

(2)  Any person who fails to comply with an order given to the person by the Director‑General or an authorised officer under 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.

Marking, branding or tagging of carcases

20.—(1)  Before the carcase of any animal that has been slaughtered in a licensed slaughter‑house is removed, it must be marked, branded or tagged in the prescribed manner to denote that that animal has been slaughtered in compliance with section 11(1)(a).

(2)  Any person who —

(a) removes, without lawful excuse, the carcase of any animal that has been slaughtered in a licensed slaughter‑house before that carcase is marked, branded or tagged in accordance with subsection (1);

(b) marks, brands or tags the carcase or any part of the carcase of an animal which was not slaughtered at a licensed slaughter‑house with the intention of causing it to be believed that the animal was slaughtered at such a slaughter‑house;

(c) makes or has in the person’s possession any dye, plate or other instrument for the purpose of it being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting the mark, brand or tag of a licensed slaughter‑house; or

(d) sells or exposes for sale or has in the person’s possession for sale the carcase or any part of the carcase of an animal which was not slaughtered at a licensed slaughter‑house but which —

(i) bears any mark, brand or tag which is intended to represent the mark, brand or tag of a licensed slaughter‑house; or

(ii) is so marked, branded or tagged as to cause it to be believed that the animal was slaughtered in a licensed slaughter‑house,

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.

(3)  Subject to subsection (4), in any proceedings for an offence under subsection (2)(d), it is a defence for the person charged to prove —

(a) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and

(b) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged.

(4)  If in any proceedings the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of that other person.

[Act 25 of 2021 wef 01/04/2022]

Power to close slaughter‑houses, processing establishments and cold stores

21.—(1)  Where the Director‑General or an authorised officer finds that the condition in a licensed slaughter-house, processing establishment or cold store has become dangerous to health or may hinder in any manner the suppression of disease or that the licensed slaughter‑house, processing establishment or cold store has been or is being kept in an unhygienic condition, the Director‑General or authorised officer may —

(a) give written directives requiring that the slaughter‑house, processing establishment or cold store (as the case may be) be closed for such time as the Director‑General may determine; or

(b) give directives for the immediate stoppage of any slaughtering, processing or other work until he or she is satisfied that the owner or occupier of the slaughter‑house, processing establishment or cold store (as the case may be) has taken action to render the slaughter‑house, processing establishment or cold store in a clean and hygienic condition again.

(2)  The Director‑General or an authorised officer must, as soon as possible after he or she has given written directives under subsection (1)(a), inform the owner or occupier of the slaughter‑house, processing establishment or cold store of the reasons why the directives were given.

(3)  Any person who fails to comply with any directive given to the person by the Director‑General or an authorised officer under 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.

PART 4

SALE OF MEAT PRODUCTS AND FISH PRODUCTS

Licensing of wholesale markets

22.—(1)  A person must not use any premises or permit any premises to be used as a wholesale market unless the person has been granted a licence by the Director‑General to use those premises as such.

(2)  Any person who —

(a) uses any premises or permits any premises to be used as a wholesale market without a licence; or

(b) fails to comply with any of the conditions of the person’s licence,

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.

(3)  Sections 13, 14 and 15 apply, with the necessary modifications, to a licence required under this section as they apply to a licence required under section 11 or 12.

(4)  In this section, “wholesale market” means a place where any animal, meat product, fish or fish product is sold wholesale or through auction.

Sale of meat products and fish products

23.—(1)  A person must not sell or supply, or have in the person’s possession for the purpose of selling or supplying, or advertise the sale or supply of, any meat product or fish product —

(a) which has been imported in contravention of section 5 or 6;

(b) which has not been inspected, examined and certified by an authorised examiner as required under section 10;

(c) which has been derived from any animal that has been slaughtered in Singapore in contravention of section 11, 17 or 18;

(d) which has been —

(i) processed in a processing establishment; or

(ii) kept for any period of time in a cold store,

that has not been licensed under section 13;

(e) which has not been marked, branded or tagged in accordance with section 20;

(f) which has not been labelled in the prescribed manner or which has been labelled with any information that is false, inaccurate or misleading;

(g) which has been obtained from a wholesale market that has not been licensed under section 13; or

(h) which is diseased, adulterated or unfit for human consumption or which is otherwise in contravention of any of the other provisions of this Act or the rules.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.

(3)  Subject to subsection (4), in any proceedings for an offence under subsection (2), it is a defence for the person charged to prove —

(a) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and

(b) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged.

(4)  If in any proceedings the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of that other person.

[Act 25 of 2021 wef 01/04/2022]

(5)  For the purpose of this section, where any meat product or fish product is found on any premises used by any person for the sale of meat products or fish products or for the storage of meat products or fish products intended for sale, it is deemed to be in that person’s possession for sale until the contrary is proved.

PART 5

POWERS OF ENFORCEMENT

Power to require production of documents, etc.

24.—(1)  For the purpose of discharging his or her functions and duties under this Act and the rules, the Director‑General or an authorised officer may at any time require any person —

(a) to produce to the Director‑General or authorised officer for inspection or for the purpose of obtaining copies or extracts, or to provide the Director‑General or authorised officer with copies or extracts of, any book, shipping bill, bill of lading or other document or record that the Director‑General or authorised officer believes on reasonable grounds contains any information relevant to the administration or enforcement of this Act or the rules; or

(b) to provide any information as the Director‑General or authorised officer may reasonably require.

(2)  The Director‑General or an authorised officer may record any information provided by any person under subsection (1)(b) as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act or the rules.

(3)  Any person who fails to comply with any requirement made by the Director‑General or authorised officer under subsection (1)(a) or (b) 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.

Other powers of investigation

24A.—(1)  For the purpose of investigating any offence under this Act or the rules, the Director‑General or an authorised officer may —

(a) require any person in Singapore whom the Director‑General or authorised officer (as the case may be) has reason to believe to be acquainted with any facts or circumstances relevant to that investigation to attend before the Director‑General or authorised officer to answer any question (to the best of that person’s knowledge, information and belief); or

(b) examine orally any person supposed to be acquainted with the facts and circumstances of the case.

[11/2019]

(2)  The person mentioned in subsection (1)(b) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.

[11/2019]

(3)  Any statement made by any person in answer to a question under subsection (1) must —

(a) be reduced to writing;

(b) be read over to the person;

(c) if the person does not understand English, be interpreted in a language that the person understands; and

(d) after correction (if necessary), be signed by the person.

[11/2019]

(4)  If any person fails to attend before the Director‑General or an authorised officer as required under subsection (1), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.

[11/2019]

Powers of entry, search and seizure, etc.

25.—(1)  In discharging his or her functions and duties under this Act and the rules, the Director‑General or an authorised officer may —

(a) at all reasonable times without warrant enter, search and inspect any premises, or stop, enter, search and inspect any conveyance, in which the Director‑General or authorised officer believes on reasonable grounds there is any item to which this Act applies;

(b) inspect any item to which this Act applies that is found in any premises or conveyance entered under paragraph (a);

(c) take, without payment, for the purpose of examination reasonable samples of any meat product or fish product that is found in any premises or conveyance entered under paragraph (a); or

(d) seize and detain any item to which this Act applies that is found in any premises or conveyance entered under paragraph (a) and that the Director‑General or authorised officer believes on reasonable grounds is not in compliance with this Act or the rules or is otherwise connected with the commission of an offence under this Act or the rules.

(2)  For the purpose of subsection (1)(a), the Director‑General or an authorised officer may —

(a) require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the Director‑General or authorised officer for the purpose of the inspection; and

(b) if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing.

(3)  Where the Director‑General or an authorised officer seizes any item under subsection (1)(d), the Director‑General or authorised officer must forthwith give written notice of the seizure to the owner of the item seized or to the agent of such owner, if the name and address of such owner or agent of such owner are known.

(4)  Any person aggrieved by the seizure of any item under subsection (1)(d) may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court.

(5)  Upon hearing such complaint, the Magistrate’s Court may —

(a) confirm the seizure wholly or in part;

(b) disallow the seizure wholly or in part;

(c) order that any item seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or

(d) order payment to be made to the owner of the item seized of such amount as the Court considers will compensate the owner for any loss or depreciation resulting from the seizure.

(6)  Any item seized under subsection (1)(d) may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the Director‑General or an authorised officer, be removed to any other place to be kept or stored at such other place.

(7)  The Director‑General or an authorised officer may mark, seal or label any item being detained under subsection (1)(d) in such manner as he or she thinks fit for the purpose of indicating that the item is under detention and may lock or seal the premises or conveyance in which the item is being detained.

(8)  Any person who fails to comply with any requirement made by the Director‑General or an authorised officer under subsection (2)(a) 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.

(9)  Any person who, without the authority of the Director‑General or an authorised officer —

(a) interferes, tampers with, removes, distributes, sells, or otherwise disposes of any item seized or detained under subsection (1)(d) or alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director‑General or an authorised officer on such item under subsection (7); or

(b) opens, breaks or otherwise tampers with the lock or seal placed by the Director‑General or an authorised officer on any premises or conveyance or part thereof under subsection (7),

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.

Power to require destruction, treatment or disposal of meat products or fish products found to be diseased, etc.

26.—(1)  Where the result of the examination of any sample taken from any meat product or fish product under section 25(1)(c) reveals that the meat product or fish product is diseased, adulterated or unfit for human consumption, the Director‑General or an authorised officer may direct the owner of the meat product or fish product or the agent of such owner to destroy or treat or otherwise dispose of the meat product or fish product in such manner as the Director‑General or authorised officer thinks fit, and the costs of an incidental to the destruction, treatment or disposal are to be borne by such owner or agent thereof.

(2)  If a person to whom any direction under subsection (1) is given fails to comply with the direction —

(a) the person 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; and

(b) any authorised officer may take such steps as he or she thinks fit to secure the destruction, treatment or disposal of the meat product or fish product to which the direction relates and recover any costs and expenses reasonably incurred by him or her from that person.

Powers of arrest

27.—(1)  The Director‑General or any authorised officer, police officer or officer of customs may arrest without warrant any person committing or attempting to commit or whom he or she reasonably suspects of being engaged in committing or attempting to commit any offence under this Act or the rules, if —

(a) the person refuses to provide his or her name and address or provides an address out of Singapore; or

(b) there are reasonable grounds for believing that the person has provided a false name or address or that the person is likely to abscond.

(2)  The Director‑General or any authorised officer, police officer or officer of customs making an arrest without warrant must, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court.

(3)  A person who has been arrested by the Director‑General or any authorised officer, police officer or officer of customs is not to be released, except on his or her own bond or on bail or on the special written order of the Magistrate or the Director‑General.