On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/04/2003.
PART VI
MISCELLANEOUS
28. Any person who obstructs, hinders or impedes the Director-General or any authorised officer, police officer or officer of customs or any other person acting under the direction of the Director-General, in the performance or execution of his duty or anything which he is authorised, empowered or required to do under this Act or the rules 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.
[16/2000]
29. Any person who —
(a)
without lawful authority alters, forges, mutilates or defaces any licence, permit or certificate granted under this Act or the rules; or
(b)
knowingly makes use of any licence, permit or certificate which has been so altered, forged, mutilated or defaced,
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.
30. Any person who, being required by this Act or the rules to make or furnish any declaration, statement, representation or information or to produce any permit or who, for the purpose of obtaining any licence, permit or certificate under this Act —
(a)
makes or furnishes any declaration, statement, representation or information which is false in a material particular; or
(b)
produces any licence, permit or certificate which he knows or has reason to believe is false in any material particular or has not been granted by the person by whom it purports to have been granted, or has been in any way altered or tampered with,
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.
31.
—(1) Where an offence under this Act or the rules has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he proves —
(a)
that the offence was committed without his consent or connivance; and
(b)
that he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(2) Where an offence under this Act or the rules is committed by any person acting as an agent or servant of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act or the rules in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.
32.
—(1) The court before which any person is tried for an offence under this Act or the rules may make an order for the forfeiture of any item which has been seized under the provisions of this Act if —
(a)
the court is satisfied that —
(i)
an offence under this Act or the rules has been committed; and
(ii)
the item seized was the subject-matter, or was used in the commission, of the offence; and
(b)
having regard to the circumstances of the case, the court thinks it fit to order the forfeiture of the item.
(2) Where no party raises the question of forfeiture under subsection (1), the court shall consider the question on its own motion.
(3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act notwithstanding that no person may have been convicted of an offence.
(4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court shall order that the item be released to the owner thereof or the person entitled thereto.
(5) In the absence of any prosecution with regard to any item which has been seized under the provisions of this Act, the Director-General shall give to the person from whom the item was seized or to the owner of the item notice in writing that the item shall, on the expiration of 7 days of the date specified in the notice, be deemed to be forfeited unless a claim thereto is made before then in accordance with subsection (6).
[16/2000]
(6) A person asserting —
(a)
that he is the owner of, or that he is entitled to, any item which has been seized under the provisions of this Act; and
(b)
that the item is not liable to forfeiture,
may, personally or by his agent authorised in writing, give written notice to the Director-General that he claims the item.
[16/2000]
(7) On receipt of a notice under subsection (6), the Director-General may direct that the item be released to the person who has given the notice or may refer the matter to a court for decision.
[16/2000]
(8) Where no claim is received on the expiration of 7 days of the date specified in the notice referred to in subsection (5), the item to which the notice relates shall be deemed to be forfeited.
(9) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item shall thereupon be deemed to be forfeited.
(10) Any item forfeited or deemed to be forfeited under this section shall be delivered to an authorised officer and shall be disposed of in such manner as the Director-General thinks fit.
[16/2000]
33.
—(1) All notices, orders and other documents of whatsoever nature which the Director-General is empowered to give by this Act or the rules may be in such form as the Director-General may determine, and may be given by any authorised officer.
[16/2000]
(2) Where any such notice, order or document requires authentication —
(a)
the signature of the Director-General or an authorised officer; or
(b)
an official facsimile of such signature,
appended thereto shall be sufficient authentication.
[16/2000]
34.
—(1) No misnomer or inaccurate description of any person, premises, building, street, place, vehicle or other conveyance named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act or the rules shall in any way affect the operation of this Act or any such rules as respects that person, premises, building, street, place, vehicle or other conveyance if that person, premises, building, street, place, vehicle or other conveyance is so designated in the notice, order or document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act or any rules shall be invalid for want of form.
35.
—(1) Any notice, order or document required or authorised by this Act or the rules to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act or the rules may be served on the person —
(a)
by delivering it to the person or to some adult member or employee of his family or household at his last known place of residence;
(b)
by leaving it at his usual or last known place of residence or place of business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his usual or last known place of residence or place of business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order, document or summons, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3) Any notice, order or document required or authorised by this Act or the rules to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the rules may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises.
(4) Any notice, order or document required or authorised by this Act or the rules to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the rules shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
36. No suit or other legal proceedings shall lie against the Director-General or any authorised officer, police officer or officer of customs or any other person acting under the direction of the Director-General for anything which is in good faith done in the execution or purported execution of this Act or the rules.
[16/2000]
37. Notwithstanding anything to the contrary contained in the Criminal Procedure Code (Cap. 68), a District Court or a Magistrate’s Court shall have jurisdiction to try any offence under this Act or the rules and to impose the full penalty or punishment in respect of any such offence.
38.
—(1) Subject to subsection (3) —
(a)
a document or certificate purporting to be report under the hand of the Director-General or an authorised officer upon any matter or thing in connection with the administration or enforcement of this Act or with any investigation carried out under this Act shall be admissible as evidence in any proceedings under this Act and shall be prima facie evidence of the facts stated therein; and
(b)
a certificate of an authorised examiner stating that he has analysed or examined any meat product or fish product and stating the result of his analysis or examination shall be admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated therein and of the correctness of the result of the analysis or examination.
[16/2000]
(2) For the purposes of this section, a document purporting to be a certificate referred to in subsection (1) on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate.
(3) A certificate referred to in subsection (1) shall not be received in evidence in pursuance of that subsection unless the person charged has been given —
(a)
a copy of the certificate; and
(b)
notice of the intention of the prosecution to produce the certificate as evidence in the proceedings,
not less than 10 clear days before the commencement of the proceedings.
(4) Where a certificate of the Director-General, an authorised officer or an authorised examiner is admitted in evidence under subsection (1), the person charged may require the Director-General, authorised officer or authorised examiner to be called as a witness for the prosecution and be cross-examined as if he had given evidence of the matters stated in the certificate.
[16/2000]
39.
—(1) The Director-General or any officer authorised in writing in that behalf by the Minister may, in his discretion, compound any offence under this Act or the rules which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000.
[16/2000]
(2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.
40. The Director-General may, in his discretion, either permanently or for such period as he may think fit, exempt any person or premises or any class of persons or premises from any of the provisions of this Act or the rules.
[16/2000]
41. All fees, charges, composition fines and moneys collected under this Act or any rules shall be paid to the Authority.
[40A
[16/2000]
42.
—(1) The Minister may make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2) Without prejudice to the generality of subsection (1), the Minister may make rules —
(a)
prescribing the particulars, information and documents to be furnished with any application made under this Act;
(b)
prescribing the form to be used for any purpose under this Act;
(c)
prescribing the fees to be charged for the purposes of this Act;
(d)
providing for —
(i)
the inspection of premises subject to this Act and of conveyances used for the carriage of animals, fish, meat products and fish products; and
(ii)
the inspection, examination and certification of animals, fish, meat products and fish products;
(e)
providing for the authorisation of an authorised examiner, the conditions to be complied with by an authorised examiner and the withdrawal of any such authorisation;
(f)
prescribing the powers and functions of authorised officers and authorised examiners;
(g)
providing for the certification of meat products and fish products intended for export and the conditions under which such certificates may be withdrawn;
(h)
regulating or prohibiting the administration of drugs or other substances to animals before slaughter;
(i)
regulating or prohibiting the acceptance at slaughter-houses of animals for slaughter which are diseased or otherwise unfit for use in the production of meat products;
(j)
regulating the manner in which animals intended for slaughter, fish, meat products and fish products are to be conveyed from place to place and providing for the inspection of conveyances carrying or intended to be used for carrying animals, fish, meat products and fish products;
(k)
regulating and controlling the processing and packing of meat products or fish products in licensed processing establishments;
(l)
prescribing requirements for the chilling, freezing and storage of any meat product or fish product and providing for the approval of any material used in packing any product;
(m)
regulating —
(i)
the construction, lighting, ventilation, air temperature, cleansing, drainage, water supply, maintenance and good management of premises subject to this Act;
(ii)
the construction, cleansing and maintenance of all fixtures, appliances, instruments, utensils and things connected or used therewith or connected with the management thereof; and
(iii)
the hygiene requirements to be observed by or in relation to any person working therein so far as concerns the clothing, conduct and health of such person;
(n)
regulating and controlling the application of chemicals, drugs and other substances to meat products or fish products and the use of ingredients in the processing of meat products or fish products;
(o)
requiring information as to the nature and quantity of chemicals, drugs or other substances which have been applied to any meat product or fish product or of the ingredients which have been used in the processing of any meat product or fish product to be shown on the labels of such products;
(p)
prescribing the mode of dealing with animals and fish which are diseased or otherwise unfit for use in the production of meat products or fish products;
(q)
requiring that any meat product or fish product intended for export should conform to the requirements of the country to which it is to be exported, and prohibiting or restricting the export of any such product unless the prescribed requirements are complied with;
(r)
providing for the handling and treatment of live animals intended for slaughter for human consumption;
(s)
regulating methods for the slaughter of animals;
(t)
providing for the standards of dressing animals slaughtered in licensed slaughter-houses;
(u)
regulating and controlling the import of animals, fish, meat products and fish products into Singapore and prescribing the mode of dealing with such animals, fish, meat products and fish products upon their entry into Singapore;
(v)
prescribing the procedure for the taking and analysis of samples under this Act;
(w)
prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded; and
(x)
empowering the Director-General to issue, from time to time, such directives as the Director-General may consider necessary for the proper control and management of slaughter-houses, processing establishments and cold stores or for any matter connected with the provisions of this Act.
[16/2000]
(3) The Minister may, in making any rules, provide that any contravention of, or failure or neglect to comply with, any provision of the rules or any directive issued by the Director-General pursuant to the rules shall be an offence and may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence, the sum of $10,000 and, in the case of a continuing offence, the sum of $100 for every day or part thereof during which the offence continues after conviction.
[16/2000]
(4) All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.
[41
43. Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the relevant authority under —
(a)
the repealed Slaughter-houses and Meat Processing Factories Act (Cap. 307, 1985 Ed.); or
(b)
any rules made under the repealed paragraphs (n), (o) and (p) of section 7(2) of the Fisheries Act,
shall, so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act.
[42