Sale of Food Act 1973

Sale of Food Act 1973 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 for regulating food to ensure that food for sale is safe and suitable for human consumption and to promote public health, for ensuring the provision of information relating to food to enable consumers to make informed choices and for preventing misleading conduct in connection with the sale of food. [48/2017] [1 May 1973] PART 1 PRELIMINARY Short title 1. This Act is the Sale of Food Act 1973. General interpretation 2. In this Act, unless the context otherwise requires — “advertisement” means any of the following where used or apparently used to promote, directly or indirectly, the sale of food: (a) any words, whether written or in an audible message; (b) any still or moving picture, sign, symbol or other visual image or representation; (c) any combination of 2 or more of those things in paragraph (a) or (b), but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services; “Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019; “analysis” includes micro-biological assay, and “analyse” is to be construed accordingly; “authorised analyst” means any person appointed by the Director‑General to be an authorised analyst under section 3(3); “authorised officer” means the Director‑General and any person appointed by the Director‑General to be an authorised officer under section 3(2); “Director‑General” means the Director‑General, Food Administration appointed under section 3(1); “fish” means any species of fish (whether marine or freshwater), and includes — (a) crustacea, shellfish, echinoderm and molluscs; and (b) the eggs and young of any fish; “fish product” means any of the following intended for human consumption: (a) part of any fish; (b) any product derived from processing or preserving fish; (c) any product containing fish; “food” has the meaning given by section 2A; “food business” has the meaning given by section 2B; “food contact article” means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board; “food premises” means any premises at, on or from which food is sold, or handled with the intention that it be sold, and includes — (a) a food vending machine; or (b) any premises used for a primary food production business, but does not include any description of premises declared by the Minister by order in the Gazette not to be a food premises; “food regulation” means any regulation made under section 56; “handling”, in relation to food for sale, includes any one or more of the following: (a) making or manufacturing the food; (b) processing or preserving the food; (c) cooking, defrosting, heating or preparing the food; (d) storing, packing or labelling the food; (e) transporting or delivering the food; (f) displaying the food; (g) serving the food, but does not include primary food production; “import”, means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore; “importer”, in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the article or is in any way entitled to the custody or control of the article; “infectious disease” means — (a) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976; (b) any skin disease which is likely to be contagious; and (c) such other disease as the Minister may prescribe; “insanitary conditions” means such conditions or circumstances as might contaminate any food with dirt or filth or render the same injurious to health or unfit for human consumption; “intended use”, in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification; “label” includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package containing food; “licence” means a licence issued under Part 4; “licensee” means a person who is the holder of a licence; “manufacturing”, in relation to food for sale, includes any one or more of the following: (a) making food by combining ingredients; (b) significantly changing the condition or nature of food by any process, such as milling flour or peeling, cutting and freezing fruits; (c) bottling or canning food, including bottling water; (d) making ice, but does not include — (e) cooking or otherwise preparing food at a particular place for retail sale at the place, including sale for immediate consumption; or (f) making ice at a particular place for use at the place; “meat” includes any part of slaughtered poultry, bovine animal, ovine animal, caprine animal, porcine animal, game or other animal, that is intended for human consumption; “meat product” means any of the following intended for human consumption: (a) offal or other part of a carcase; (b) any product derived from processing or preserving meat; (c) any product containing meat; “non-retail food business” has the meaning given by section 2F; “package” includes every means by which goods may be cased, enclosed, contained or packed; “poison” means any substance deemed to be a poison within the meaning of the Poisons Act 1938; “premises” includes — (a) land (whether or not vacant); (b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); (c) a vehicle; and (d) a pontoon; “prepare” includes manufacture, process and treat; “primary food production” means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following: (a) the transport or delivery of food on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; (b) the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; (c) the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos; (d) the sale of livestock at sale yards and the transport of livestock to and from sale yards; (e) any other food production activity that is prescribed as primary food production for the purposes of this Act, but does not include — (f) any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught; (g) the sale or service of food directly to the public; or (h) any other food production activity that is declared by the Minister by order in the Gazette not to be primary food production for the purposes of this Act; “primary food production business” means a business or an undertaking or activity that involves, in whole or part, primary food production; “proprietor” means — (a) for a food business — (i) the person carrying on the food business; or (ii) if the person in sub-paragraph (i) cannot be identified, the person in charge of the food business; and (b) for any food premises — the proprietor of the food business that operates at, on or from the premises; “public health” means the health of — (a) the people in Singapore; or (b) a community or section of those people; “requirement of this Act” means — (a) a requirement of or under a provision of this Act; (b) a requirement of or under any food regulation; (c) a requirement of a notice or order given by the Director‑General under this Act; (d) a requirement of a direction given by the Director‑General under Part 2A; or (e) a condition imposed by or under this Act or any food regulation; “retail food business” means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act; “sell” has the meaning given by section 2E; “statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council; “substance” includes any liquid, mixture or compound; “unsafe”, in relation to food, has the meaning given by section 2C; “unsuitable”, in relation to food, has the meaning given by section 2D; “vehicle” means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, such as an aircraft, a vessel, train, motor vehicle or personal mobility device. [48/2017; 11/2019] Meaning of “food” 2A.—(1) In this Act, “food” includes the following: (a) any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); (b) any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or additive in a substance or thing mentioned in paragraph (a); (c) any substance used in preparing a substance or thing mentioned in paragraph (a) (other than a substance used in preparing a living thing); (d) chewing gum or an ingredient or additive in chewing gum, or any substance used in preparing chewing gum; (e) any substance or thing declared by the Minister by order in the Gazette to be food. [48/2017] (2) Without limiting subsection (1), “food” includes — (a) unprocessed and raw fruits and vegetables that are intended for human consumption; (b) seeds, plants, or plant material intended for human consumption, including seeds that are intended to be sprouted and consumed as sprouts, but not other seeds, plants, or plant material intended for planting; (c) drinking water; (d) any thing that is or is intended to be mixed with or added to any food or drink; (e) milk and dairy products; (f) meat and meat products; (g) fish and fish products; and (h) eggs. [48/2017] (3) However, food does not include — (a) any health product within the meaning of the Health Products Act 2007; (b) any substance that is a medicinal product within the meaning of the Medicines Act 1975; (c) any controlled drug, psychoactive substance, controlled material or controlled substance within the meaning of the Misuse of Drugs Act 1973; [Act 12 of 2023 wef 01/06/2024] (d) any poison within the meaning of the Poisons Act 1938; (e) any cosmetics; (f) any tobacco product or tobacco substitute within the meaning of the Tobacco and Vaporisers Control Act 1993; [Act 9 of 2026 wef 01/05/2026] (g) any package (except edible packaging); (h) any fodder or feeding stuffs for animals; or (i) any substance or thing declared by the Minister by order in the Gazette not to be food for the purposes of this Act. [48/2017] (4) A substance, thing or chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption. [48/2017] (5) To avoid doubt, “food” may include live animals and plants. [48/2017] Meaning of “food business” 2B.—(1) In this Act, “food business” means a business or an undertaking or activity that involves, in whole or part — (a) the handling of food intended for sale; (b) the sale of food (on the Internet or otherwise); or (c) primary food production, regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature, or whether it involves the handling or sale of food on one occasion only, and whether part of a non‑retail food business or a retail food business. [48/2017] (2) However, a food business does not include a business or an undertaking or activity — (a) that is part of a business other than trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, a place (including mobile premises) or services (such as an Internet service provider or an auction site on the Internet); (b) that consists exclusively of letting for hire marquees, tables, chairs and other similar furniture; or (c) that is declared by the Minister by order in the Gazette not to be a food business for the purposes of this Act. [48/2017] Meaning of unsafe food 2C.—(1) For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause illness or injury or other physical harm to a person who might later consume it, assuming — (a) it was, after that particular time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; (b) nothing happened to it after that particular time and before being consumed by the person that would prevent it being used for its reasonable intended use; and (c) it was consumed by the person according to its reasonable intended use. [48/2017] (2) However, food is not unsafe for the purposes of this Act merely because — (a) any individual objects to it because of personal preference; (b) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; (c) its consumption in inappropriate quantities may damage an individual’s health; or (d) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition. [48/2017] (3) In subsection (1)(a), a reference to processes includes a reference to processes involving storage and preparation. [48/2017] Meaning of unsuitable food 2D.—(1) For the purposes of this Act, food is unsuitable if it is food that — (a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; (b) contains, or has attached to it or enclosed with it, any damaged, deteriorated, perished or contaminated substance or thing to an extent that affects its reasonable intended use; (c) is the product of a diseased animal, or an animal that has died otherwise than by slaughter, and has not been declared by or under another Act to be safe for human consumption; (d) contains a biological or chemical agent, or other matter or substance, that is foreign to the nature of the food and the presence of which would be unexpected and unreasonable in food prepared or packed for sale in accordance with good trade practice; or (e) has packaging that is damaged, deteriorated, perished or contaminated to the extent of affecting the food’s reasonable intended use. [48/2017] (2) However, food is not unsuitable for the purposes of this Act merely because — (a) at any particular time before it is sold for human consumption it contains an agricultural or veterinary chemical; (b) when it is sold for human consumption it contains an agricultural or veterinary chemical or other contaminant, so long as it does not contain the chemical or contaminant in an amount that contravenes any food regulations; (c) any individual objects to it because of personal preference; (d) any part of the community objects to it on moral, ethical, cultural, spiritual, or religious grounds; (e) its consumption in inappropriate quantities may damage an individual’s health; or (f) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition. [48/2017] (3) In this section, a reference to slaughter of an animal includes a reference to the killing of an animal in the process of capturing, taking or harvesting it for the purposes of preparing it for use as food. [48/2017] Meaning of “sell” 2E.—(1) In this Act, “sell” includes carrying on any of the following activities, or a combination of those activities, in relation to food for human consumption or to a food contact article: (a) bartering; (b) offering for sale or attempting to sell; (c) receiving, or having in possession, for sale; (d) displaying for sale; (e) causing or permitting to be sold or offered or displayed for sale; (f) sending, forwarding or delivering for sale; (g) disposing of by any method for valuable consideration; (h) disposing of to an agent for sale on consignment; (i) supplying as a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work; (j) disposing of by way of raffle, lottery or other game of chance; (k) offering as a prize or reward; (l) offering or giving away for the purpose of advertisement or in furtherance of any trade or business; (m) supplying under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment; (n) supplying food (whether or not for consideration) in the course of providing services — (i) to patients in hospitals, hospices and other residential care facilities like nursing homes; (ii) to children or other individuals in the care or custody of the supplier by virtue of any Act; or (iii) to prisoners or inmates in prisons or other places for the detention of individuals under any Act; (o) supplying anything of which any food forms a part; (p) selling for the purpose of resale for handling or human consumption. [48/2017] (2) Despite subsection (1), in this Act, “sell”, in relation to food, does not include — (a) exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature; or (b) supplying food together with accommodation to a person residing at a private residence in exchange for services or labour by the person. [48/2017] (3) For the purposes of this Act — (a) food that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertisement or in furtherance of trade or business is taken to have been displayed for sale by the owner of the food; (b) food that is donated for a charitable or benevolent purpose is not to be taken to be food that was given away for the purpose of advertisement or in furtherance of trade or business; (c) food which is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises; (d) food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and (e) food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as a sale, offer for sale or display for sale of the food for human consumption. [48/2017] Meaning of “non-retail food business” 2F.—(1) In this Act, “non-retail food business” means a food business that is — (a) not carried out for a purpose specified in the First Schedule to the Environmental Public Health Act 1987; and (b) not a primary food production business, but includes a food business a component of which is a business, an undertaking or activity carried out for a purpose specified in the First Schedule to the Environmental Public Health Act 1987. [48/2017] (2) Without limiting subsection (1), a non‑retail food business includes (but is not limited to) any of the following food businesses: (a) a factory, plant or other premises where meat products or fish products are processed for sale to wholesalers or retail food businesses, or for export; (b) the preparing or packing of ready-to-eat salads for the purpose of sale to wholesalers or retail food businesses, or for export; (c) the manufacturing, preparing or packing of chilled, frozen and shelf-stable meals, condiments or prepared foods for sale to wholesalers or retail food businesses, or for export; (d) the manufacturing, preparing (including by cutting, mincing, boning, drying, smoking or fermentation after slaughter or harvesting) or packing of meat, poultry or fish products for the purpose of sale to wholesalers or retail food businesses, or for export; (e) the manufacturing of bottled drinking water or non‑alcoholic beverages, for the purpose of sale to wholesalers or retail food businesses, or for export; (f) brewers and distillers of vinegar, soya sauce or fish sauce for the purpose of sale to wholesalers or retail food businesses, or for export; (g) wholesale bakeries supplying food prepared to wholesalers or retail food businesses; (h) the processing or packing of herbs or spices for the purpose of sale to wholesalers or retail food businesses, or for export; (i) manufacturing or preparing (including by blending and packing) dry mix products such as cake mix, drinking chocolate, tea bags and powdered soup for sale to wholesalers or retail food businesses, or for export; (j) a wholesale market where any animal, meat product, fish or fish product is sold wholesale or through auction; (k) central kitchens supplying food prepared, cooked and packed for the purpose of distribution to retail food businesses; (l) an operator of a warehouse or cold storage facility for the storage of food intended for sale, whether by wholesalers or retail food businesses. [48/2017] (3) In subsection (2)(c), “shelf-stable”, in relation to food, means that — (a) the food can be stored at room or ambient temperature before its packaging is opened; and (b) the food may or may not require refrigeration after its packaging is opened. [48/2017]