On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 31/12/2002.
PART II
ADMINISTRATION AND ENFORCEMENT
3.
—(1) The Director-General shall be responsible for the administration of this Act, subject to the general or special directions of the Minister.
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(2) The Director-General may in writing appoint any public officer or any officer of the Authority or of any statutory authority to be an authorised officer for the purposes of this Act.
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(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.
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(4) The Director-General may delegate the exercise of all or any of the powers conferred or duties imposed upon him by this Act to any authorised officer.
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4.
—(1) Any authorised officer may —
(a)
at any reasonable time enter and inspect any place where he has reason to believe that there is any food or appliance intended for sale;
(b)
inspect any food or appliance wherever found which he has reason to believe is intended for sale;
(c)
open and examine any receptacle or package which he 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 appliance the sale, preparation or manufacture of which is, or appears to be, contrary to this Act;
(e)
seize any food or appliance wherever found which is or appears to be unwholesome or deleterious to health or which is contrary to this Act; 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 making any food or appliance or his agent or employee to state his name and place of residence; and
(g)
destroy any food wherever found which is decayed or putrefied or deleterious to health.
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(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 shall become the property of the Authority and shall be destroyed or otherwise disposed of so as to prevent it being used for human consumption.
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(4) Where the seizure of any food or appliance is made under subsection (1)(e), the authorised officer making the seizure shall immediately give notice in writing of the seizure in Form 1 in the First Schedule to the owner or to the consignor or consignee or to the agent of the owner of the thing seized, if his name and address are attached thereto or are otherwise known to the authorised officer and such address is in Singapore.
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5.
—(1) For the purpose of discharging his functions and duties under this Act, 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.
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(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.
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(3) The copies or extracts certified as such by any authorised officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts.
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(4) Any person, who refuses or neglects to comply with any requisition made under this section shall be guilty of an offence.
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(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 knowledge in the performance of his official duties under this section; or
(b)
communicates any such matter to any person,
shall be guilty of an offence.
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6.
—(1) On payment or tender to any person selling or making any food or appliance or to his agent or employee of the current market value of samples of the food or appliance, any authorised officer may at any place demand and select and take or obtain such samples for the purpose of analysis or examination.
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(2) Any such authorised officer may require that person or his agent or employee to show and permit the inspection of the package in which the food or appliance is at the time kept, and may take therefrom the samples demanded.
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(3) Where any food or appliance is kept for retail sale in an unopened package, no person shall be required by any authorised officer to sell less than the whole of the contents of that package.
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(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.
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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 in pursuance of 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 in pursuance of any contract for the sale to the purchaser or consignee of that article of food.
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(2) The seller or consignor or any person entrusted by him for the time being with the charge of such milk or other article of food, if he 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.
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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 appliance and submit the same for analysis.
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9.
—(1) When it is intended to submit any sample for analysis, the authorised officer purchasing or otherwise procuring it shall, before or immediately after procuring it, inform the seller or his agent selling the article or the person having charge of the article that he intends to have the article analysed by an authorised analyst.
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(2) Such authorised officer shall thereupon divide the sample into 3 parts, and shall mark and seal or fasten up, in such manner as its nature permits, each such part, and shall offer one of such parts to the seller or his agent or the person having charge of the article.
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(3) Such authorised officer shall subsequently deliver either personally or by registered post another of such parts to an authorised analyst, and shall retain the third of such parts.
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(4) Where —
(a)
a sample consists of a substance contained in unopened containers or packages; and
(b)
the division into parts of the substance contained in those unopened containers or packages is not reasonably practicable or might affect the composition or impede the proper analysis of the contents,
subsection (2) shall be deemed to be complied with if the authorised officer procuring the sample divides the containers or packages into the requisite number of lots and deals with each lot in the manner provided by this section as if it were a part, and references in this Act to a part of a sample shall be construed accordingly.
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10.
—(1) A certificate of the results of an analysis given by an authorised analyst shall be in Form 2 in the First Schedule and signed by the authorised analyst but the analysis may be made by a person acting under the direction of the authorised analyst.
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(2) A copy of the result of any analysis of any food or appliance 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.
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(3) No such copy of an analysis shall be used as an advertisement, and any person who so uses it shall be guilty of an offence.
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