On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 31/12/2002.
PART VI
LEGAL PROCEEDINGS
29. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act.
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30.
—(1) The summons in any such proceedings shall not be made returnable in less than 14 days from the date on which it is served.
(2) A copy of the authorised analyst’s certificate, if any, on which the prosecution is based, shall be served with the summons.
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(3) Subject to subsection (4), no proceedings in respect of any offence under this Act shall be instituted —
(a)
in any case where any food or any appliance has been purchased or procured from any person for test purposes, after the expiration of 56 days from the time of purchasing or procuring the food or appliance, as the case may be; and
(b)
in any other case, after the expiration of one year from the date of commission of such offence.
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(4) Subsection (3)(b) shall not apply in any case where, by reason of the act or omission complained of, an injury or danger to health subsists at the date of the complaint.
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31. In any proceedings under this Act, it shall not be a defence that the purchaser bought any food or appliance for analysis or examination and therefore was not prejudiced.
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32. In a prosecution for selling any food or appliance contrary to this Act, it shall be no defence that the defendant did not act wilfully, unless he also proves that he took all reasonable steps to ascertain that the sale of the food or appliance would not constitute an offence under this Act.
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33.
—(1) Subject to this section, it shall be a good defence in any prosecution for an offence under Part III if the defendant proves that —
(a)
he purchased the food or appliance sold by him in reliance on a written warranty or other written statement as to the nature of the food or appliance purchased, signed by or on behalf of the person from whom the defendant purchased the food or appliance;
(b)
he had no reason to believe that the food or appliance sold did not conform to such warranty or statement; and
(c)
if the food or appliance had truly conformed to such warranty or statement, the sale of the food or appliance by the defendant would not have constituted the offence charged against him.
(2) No warranty or other written statement given or made by a person resident outside Singapore shall be a defence under this section, unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set out in such warranty or statement.
(3) No warranty or other written statement shall be a defence in any prosecution, unless the defendant has, within 7 days after service of the summons, delivered to the prosecutor a copy of the warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.
(4) When the defendant is an employee or agent of the person who purchased the food or appliance under such a warranty or written statement, he shall, if he further proves that he had no reason to believe that the article did not conform to the warranty or statement, be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been, if he had been the defendant.
(5) Any person who in respect of any food or appliance sold by him as principal or agent gives to the purchaser a false warranty in writing shall be guilty of an offence, unless he proves to the satisfaction of the court that when he gave the warranty he had reason to believe that the statements or descriptions contained therein were true.
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34.
—(1) The production by the prosecutor of a certificate of analysis purporting to be under the hand of an authorised analyst shall be sufficient evidence of the facts stated therein, unless the defendant requires the authorised analyst to be called as a witness, in which case he shall give notice thereof to the prosecutor not less than 3 clear days before the day on which the summons is returnable.
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(2) In like manner the production by the defendant of a certificate of analysis purporting to be under the hand of an authorised analyst shall be sufficient evidence of the facts stated therein, unless the prosecutor requires the authorised analyst to be called as a witness.
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(3) A copy of the certificate referred to in subsection (2) shall be sent to the prosecutor at least 3 clear days before the day fixed for the hearing of the summons, and, if it is not so sent, the District Court or the Magistrate’s Court (as the case may be) may adjourn the hearing on such terms as it thinks proper.
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35. When a sample has been dealt with in accordance with section 9, the District Court or the Magistrate’s Court shall, on the request of either party to any proceedings for any offence under this Act, and may, if it thinks fit without such request, order the part of the sample retained by an authorised officer to be submitted to another authorised analyst for analysis.
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36.
—(1) No prosecutor or witness in any prosecution under this Act shall be compelled to disclose the fact that he received any information or the nature of the information or the name of any person who gave the information.
(2) No authorised officer appearing as a prosecutor or witness shall be compelled to produce any confidential report or document made or received by him in his official capacity or to make any statement in relation thereto.
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37.
—(1) When any person is convicted of an offence under this Act, the court may order that all fees and other expenses incidental to the analysis of any food or appliance in respect of which the conviction is obtained, including an analysis made under section 35, and any other reasonable expenses incurred by the prosecution, shall be paid by the person convicted.
(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.
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38. All fees, charges, composition fines and moneys collected under this Act shall be paid to the Authority.
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