Environmental Public Health Act 1987

Section 1

Short title

This Act is the Environmental Public Health Act 1987.

Section 2

Interpretation

Amended [47/2004; 27/2007; 26/2008; 15/2014; 4/2016; 48/2018; 11/2019; 33/2020; 4/2021]

In this Act, unless the context otherwise requires —“aerosol-generating system” means any device or system that is capable of producing a suspension of fine liquid droplets in air or other type of gas;“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;“aquatic facility” means any pool, device or facility used or intended to be used for any recreational or therapeutic activity in, on or involving the use of water;“aquatic facility licence” means a licence granted under this Act for a licensable aquatic facility;“authorised officer” means any person appointed by the Director‑General under sections 3(2) and 4(2) to be an authorised officer;“auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002;“basic rate of pay” means the total amount of money (including wage adjustments and increments) to which an employee is entitled under his or her contract of service for working for one month, but does not include —

(a)

additional payments by way of overtime payments;

(b)

additional payments by way of bonus payments or annual wage supplements;

(c)

any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;

(d)

productivity incentive payments; and(e)any allowance however described;“basic wage” means wage calculated at the basic rate of pay for one month;“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and any structure, support or foundation connected to the foregoing;“cleaner” means an individual who is engaged, whether as a full‑time employee, part-time employee or casual employee and whether or not at piece rates —

(a)

to perform cleaning work for a person other than the individual’s employer; or(b)to supervise other individuals performing cleaning work for a person other than the individual’s employer, whether or not the individual is known as a supervisor or leader or by any other title,and includes any individual who is declared by the Minister, by notification in the Gazette, to be a cleaner;“cleaning business” means a business, whether or not the business is carried on for profit, in which a person provides cleaning work to other persons through the services of cleaners engaged or employed by that person;“cleaning business licence” means a licence granted under section 80G(1);“cleaning contract”, in relation to a person, means a contract for the provision of cleaning work to other persons by cleaners who are engaged or employed by the person;“cleaning work” means work carried out in Singapore that has, as its main or only component, the bringing of premises or any public place into, or keeping of premises or any public place in, a clean condition, and includes supervising the carrying out of that work but excludes any work that the Minister declares, by notification in the Gazette, not to be cleaning work;“code of practice” means any code of practice issued or approved under section 99A(1), and includes such code of practice as amended from time to time;“Commissioner for Labour” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968;“common property” has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004;“construction site” means any premises on which works of the following description are being or are going to be carried out:

(a)

the erection, construction, alteration, repair or maintenance of buildings, structures or roads;

(b)

the breaking up or opening of, or boring under, any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;

(c)

demolition or dredging works;

(d)

any other work of engineering construction;“dangerous substance” means —

(a)

aquafortis, vitriol, naphtha benzine, gunpowder, lucifer matches, nitroglycerine and petroleum;

(b)

any explosive within the meaning of the Arms and Explosives Act (Cap. 13);

(c)

any radioactive material within the meaning of the Radiation Protection Act 2007;

(d)

any substance which owing to its nature, composition or quantity constitutes a danger to property or human life or health; and(e)such other substance which the Agency may, with the approval of the Minister, by notification in the Gazette, declare to be a dangerous substance for the purpose of this Act;“Director-General” means the Director-General of Public Health appointed under section 3(1);“Director-General, Food Administration” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973;“disposal facility” includes a recycling facility, a refuse disposal ground, any place used for the deposit of refuse or waste, an incinerator or any plant, machinery or apparatus used for the processing or treatment of refuse or waste;“dwelling house” includes any building or tenement or any part thereof which is used, constructed or adapted for use for human habitation;“environmental sanitation programme” means any environmental sanitation programme developed under section 62B, and includes such environmental sanitation programme as amended from time to time;“flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and which may be comprised in a “lot”, or in part of any “subdivided building” not shown in a registered “strata title plan” (the last 3 expressions within quotation marks having the meanings given by the Land Titles (Strata) Act 1967);“food” includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include —

(a)

live animals or birds;

(b)

fodder or feeding stuffs for animals, birds or fish; or(c)articles or substances used only as drugs;“food establishment” means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or not, intended for human consumption;“footway” includes footways and verandah‑ways at the sides of streets;“funeral parlour” means any premises where corpses are received for the purpose of preparation for burial or cremation or for the carrying out of funeral rites or ceremonies prior to burial or cremation, and includes any premises used for such purpose by whatever name called;“garden refuse” means the refuse from garden and agricultural operations;“house” includes dwelling house, warehouse, office, shop, school and any other building in which persons are employed;“industrial waste” means any waste whether solid, liquid or gaseous produced in the course of or is the waste product of any trade, business, manufacture or building construction, and includes toxic industrial waste and any dangerous substance;“infectious diseases” means —

(a)

any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976; and(b)any skin disease which is likely to be contagious;“itinerant hawker” means any person who, with or without a vehicle, goes from place to place or from house to house carrying for sale or exposing for sale any food or goods of any kind;“latrine” includes bucket latrines, bore-hole latrines, water seal latrines and pit latrines;“licensable aquatic facility” means any aquatic facility of the description or type prescribed by the Agency, with the approval of the Minister, by order in the Gazette;“limited common property” has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004;“manager”, in relation to any premises, means the occupier of the premises, and where there is no occupier, the owner of the premises;“market” means any place used for the sale of any meat, fish, fruit, vegetable, poultry, egg or other article of food, whether cooked or uncooked, for human consumption, and includes any premises therein used for the sale of goods or in any way used in conjunction or connection therewith or appurtenant thereto;“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, 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;“operator”, in relation to a public service vehicle, means the owner, ticket conductor, driver, ticket inspector or person who is in charge or in control of the public service vehicle;“owner”, in relation to —

(a)

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

(b)

any premises where building works are carried out — includes the developer;

(c)

the common property of any subdivided building — includes the management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and(d)the limited common property of any subdivided building — includes the subsidiary management corporation established under the Building Maintenance and Strata Management Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;“place of public resort” means a building or a defined or an enclosed place used or constructed or adapted to be used either ordinarily or occasionally as a church, mosque, temple or other place where public worship is or religious ceremonies are performed, not being merely a dwelling house so used, or as a cinema, theatre, public hall, or as a public place of assembly for persons admitted thereto by ticket or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose;“premises” means messuages, buildings, lands, 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, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for any other purpose whatsoever;“private market” means a market other than a public market;“private street” means any street not being a public street;“progressive wage model bonus” means a discretionary amount of money payable to a cleaner that is in addition to all of the following paid to the cleaner:

(a)

any basic wage;

(b)

any overtime payment;

(c)

any sum to reimburse the cleaner for special expenses incurred during the cleaner’s employment;

(d)

any allowance however described;“public market” means a market owned, leased or maintained by the Government;“public park” has the meaning given by section 2 of the Parks and Trees Act 2005;“public place” includes any place whether privately owned or not to which the public has access;“public service vehicle” has the meaning given by the Road Traffic Act 1961;“public street” means any street over which the public has a right of way and any street vested in the Government;“public waste collector licensee” means a person designated by the Director‑General under section 31(3);“publicly accessible premises” means any premises to which the public or a section of the public has access as of right, or by virtue of any express or implied permission with or without payment of a fee and whether or not access to the premises may be restricted at particular times or for particular purposes, and includes any part of those premises, and “publicly accessible” is to be construed accordingly;“recyclable” means any refuse, waste or other material or thing that the Agency may prescribe, with the approval of the Minister, to be capable of being recycled or reused;“recycling facility” means any premises used for the sorting, segregation, processing or treatment of refuse, waste or any other material or thing for the primary purpose of recycling or reuse;“registered aerosol-generating system” means any registrable aerosol‑generating system that is registered under this Act;“registered Environmental Control Coordinator” means any individual who is registered under this Act as an Environmental Control Coordinator;“registered Environmental Control Officer” means any individual who is registered under this Act as an Environmental Control Officer;“registrable aerosol-generating system” means any aerosol‑generating system of the description or type prescribed by the Agency, with the approval of the Minister, by order in the Gazette;“residential premises” means any premises which are permitted to be used under the Planning Act 1998 or any other written law as a dwelling house or which is lawfully so used;“sale” includes barter, exchange, import and export, and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale, or receiving or sending or delivering for sale, or supplying any food, drink or goods where consideration is to be received by the supplier for such supply either specifically or as part of a service contracted for, or having in possession for sale or having in possession any food, drink or goods knowing that the same is likely to be sold or offered or exposed for sale, and “sell” is to be construed accordingly;“sanitary conveniences” includes latrines, toilets, urinals and water closets;“showboard” includes showcase and any description of container used for the display of any article or thing;“Singapore Food Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019;“specified amount” means the amount that is specified in an order made by the Commissioner for Labour under section 80H(2)(a);“specified premises”, in relation to Part 6, has the meaning given by section 62A;“stable refuse” means the dung or urine of birds, poultry or animals and the sweepings or refuse or drainage from any stables or cattle sheds or places for keeping animals, birds or poultry;“stall” means any table, shed, showboard, vehicle or receptacle or any other means used or intended to be used for the purpose of selling food or goods of any kind, and includes any structure affixed thereto by way of roof, support or flooring;“standard of performance” means any standard of performance issued or approved under section 99A(1), and includes such standard of performance as amended from time to time;“statutory body” means a body corporate established by or under a public Act for a public purpose;“street” includes any road, flyover, square, footway, backlane or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, car park, field, grass verge, footway or passage, open court or open alley used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street are deemed to be part of the street;“toilet” means a facility for urinating and defecating which is water flushed, and which connects, directly or otherwise, with a private sewage disposal system or with the public sewage disposal system;“toxic industrial waste” means any industrial waste which owing to its nature, composition or quantity constitutes a danger to human health or the environment or which contains or may produce pathogens of transmissible diseases;“vehicle” means any vehicle whether mechanically propelled or otherwise, and includes a barrow and a cart;“waste” includes —

(a)

additional payments by way of overtime payments;

(b)

additional payments by way of bonus payments or annual wage supplements;

(c)

any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;

(d)

“construction site” means any premises on which works of the following description are being or are going to be carried out:

(a)

the erection, construction, alteration, repair or maintenance of buildings, structures or roads;

(b)

the breaking up or opening of, or boring under, any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;

(c)

demolition or dredging works;

(d)

any other work of engineering construction;

Definition

“dangerous substance” means —

(a)

aquafortis, vitriol, naphtha benzine, gunpowder, lucifer matches, nitroglycerine and petroleum;

(b)

any explosive within the meaning of the Arms and Explosives Act (Cap. 13);

(c)

any radioactive material within the meaning of the Radiation Protection Act 2007;

(d)

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

(b)

any premises where building works are carried out — includes the developer;

(c)

any basic wage;

(b)

any overtime payment;

(c)

any sum to reimburse the cleaner for special expenses incurred during the cleaner’s employment;

(d)

“work place” means any premises or place used for any industrial, trade, commercial or manufacturing purposes and includes all construction sites, work sites and farms.

Amended [47/2004; 27/2007; 26/2008; 15/2014; 4/2016; 48/2018; 11/2019; 33/2020; 4/2021]

Section 3

Appointment of Director-General and authorised officers

Amended [11/2019]Amended [4/2016]

(1)

The Minister may, by notification in the Gazette, appoint any person to be the Director-General of Public Health who is responsible for the administration of this Act except where expressly provided otherwise, subject to the general or special directions of the Minister.

Amended [11/2019]

(2)

The Director-General may in writing appoint any of the following persons to be an authorised officer for the purposes of this Act:

(a)

a public officer;

(b)

an officer or auxiliary officer of the Agency;

(c)

an officer of any statutory authority;

(d)

an auxiliary police officer appointed under the Police Force Act 2004.

Amended [4/2016]

Section 4

Delegation of power by Director-General

(1)

The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act to any authorised officer, subject to any conditions or limitations that the Director‑General may specify.

(2)

The Director-General may, with the approval of the Minister, appoint any person set out in the first column of the Fourth Schedule as an authorised officer for the purposes of exercising all or any of the powers under this Act that are set out in the second column of that Schedule, subject to any conditions or limitations that the Director‑General may specify.

Section 5

Director-General to cause public streets, etc., to be cleansed

Amended [15/2014]Amended [15/2014]

(1)

The Director-General must cause public streets, including the footways thereof, and public parks, beaches, foreshores, canals, waterways and unoccupied State land, to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed.

Amended [15/2014]

(2)

Nothing in subsection (1) derogates from the effect of any other written law.

Any person upon whom a notice has been served under subsection (1) must, if so required by the Director‑General, provide evidence that the person has complied with the notice.

Section 10

Director-General may require owner and occupier to provide dustbins and refuse bins, etc.

Amended [26/2008]

(1)

The Director-General may, by written notice, require the owner or occupier of any premises to provide, construct or reconstruct at the expense of the owner or occupier and within the period that may be specified in the notice —

(a)

dustbins or other convenient receptacles, which must conform to any specifications that the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of refuse and rubbish from those premises;

(b)

refuse bin centres or refuse bin compartments, which must conform to any specifications that the Director‑General may require, to be sited in appropriate locations within the premises as the Director‑General thinks fit, and in or on which must be placed the dustbins and other receptacles mentioned in paragraph (a); and(c)receptacles which must conform to such specifications as the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of recyclables.

Amended [26/2008]

(2)

Where any dustbins or receptacles have been provided under subsection (1), the Director‑General may, by written notice, require the owner or occupier of any premises concerned to convey, as often as may be necessary, refuse from such premises to a disposal facility.

Section 11

Maintenance of refuse lifts and chutes and chute chambers in buildings

(1)

The owner of a building or part of a building served by a refuse lift which is wholly or partly used for the conveyance of refuse or by a refuse chute or chute chamber is responsible for the maintenance, repair or replacement of the refuse lift, refuse chute or chute chamber.

(2)

The Director‑General may, by written notice, require the owner of a building or part of a building served by a refuse lift, refuse chute and chute chamber to —

(a)

maintain, repair or replace the refuse lift, refuse chute or chute chamber or both; or(b)change the dimensions of any refuse lift, refuse chute or chute chamber that the Director‑General may consider necessary.

Section 12

Occupier of house to remove refuse

(1)

The occupier of any dwelling house or premises who —

(a)

keeps or allows to be kept otherwise than in some proper receptacle, refuse or any noxious or offensive matter in any part of such house or premises;

(b)

allows such receptacle to be in a filthy or noxious state; or(c)neglects or fails to remove the refuse or noxious or offensive matter from such receptacle and to cleanse the same,shall be guilty of an offence.

(2)

The receptacle mentioned in subsection (1) must be placed at such times and places as the Director‑General may direct.

Section 13

Prohibition on use of nightsoil or human excreta as manure

(1)

No land may be manured with nightsoil or human excreta.

(2)

If any nightsoil or human excreta is found in any place collected in pits or receptacles of any kind that would in the ordinary course be used for preparing the nightsoil or human excreta for purposes of manuring, this is deemed conclusive evidence that the land on which the pits or receptacles are situated or land in the same occupation adjoining or contiguous thereto has been manured with nightsoil or human excreta.

(3)

The owner and the occupier of any land which is manured with nightsoil or human excreta shall both be guilty of an offence.

(4)

The Director-General may, by written notice, require the owner or occupier of the land to remove the nightsoil or receptacles or to fill up the pits, as the case may be.

Section 14

Prohibition on use of nightsoil or human excreta for manuring earth in pots, etc.

A person must not use any nightsoil or human excreta for the purpose of manuring any earth, soil or other substance contained in any pot, box, container or other receptacle.

Section 15

Prohibition of cultivation or use of manure or irrigation which is nuisance

If at any time it appears to the Director‑General that the method of cultivation of any description of crop or the use or storing or method of preparing or dealing with any kind of manure (including prawn dust, prawn shell, chicken droppings and stable refuse) or the irrigation of land in any specific manner in any premises or area is a nuisance, the Director‑General may —

(a)

prohibit the method of cultivation or the use or storing or method of preparing or dealing with the manure or the manner of irrigation within the premises or area; or(b)regulate any of the matters referred to in paragraph (a) by imposing any conditions thereon that the Director‑General may think necessary for the prevention of the nuisance.

Section 16

All refuse, etc., collected to be property of Agency

Amended [48/2018]

(1)

All refuse, waste and filth of every sort and any matter or thing collected by the employees, contractors or agents of the Agency from streets, buildings or any premises or place or brought by any person to any public disposal facility are the property of the Agency which may sell or dispose of the refuse, waste and filth as it thinks fit.

(2)

Despite subsection (1), any refuse, waste and filth of every sort, and any other matter or thing, that is conveyed within the refuse pipeline networks of any DPWCS established under Part 3A is also the property of the Agency which the Agency may sell or dispose of as the Agency thinks fit.

Amended [48/2018]

(3)

A person must not, without the written permission of the Director‑General, remove any refuse, waste or filth or any other matter or thing brought into any disposal facility for disposal or treatment.

Section 17

Prohibition against throwing refuse, etc., in any public place

Amended [48/2018]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]

(1)

A person must not —

(a)

deposit, drop, place or throw any dust, dirt, paper, ash, carcase, refuse, box, barrel, bale or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish;

(b)

keep or leave any article or thing in any place where it or particles therefrom have passed or are likely to pass into any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish;

(c)

dry any article of food or any other article or thing in any public place;

(d)

place, scatter, spill or throw any blood, brine, noxious liquid, swill or any other offensive or filthy matter of any kind in such manner as to run or fall into any public place;

(e)

beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers, lime, sand, waste paper or other substance in such manner that it is carried or likely to be carried by the wind to any public place;

(f)

throw or leave behind any bottle, can, food container, food wrapper, glass, particles of food or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish;

(g)

spit any substance or expel mucus from the nose upon or onto any street or any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; or(h)discard or abandon in any public place any motor vehicle whose registration has been cancelled under section 27 of the Road Traffic Act 1961, any furniture or any other bulky article.

Amended [48/2018]

(2)

A person must not drop, deposit or throw any refuse or any other matter or thing in any channel, drain, lake, reservoir, river, stream or watercourse or upon the bank of any of the same or in any part of the sea abutting on the foreshore.

(3)

Any person who contravenes subsection (1) or (2) shall be guilty of an offence.

(4)

Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section —

(a)

the owner of the motor vehicle must give any information that he or she may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and(b)any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers.

Amended [15/2014]

(5)

Where an offence under this section is alleged or suspected to be in connection with throwing, dropping or scattering of refuse or any other matter or thing from a flat used for residential purpose (including a flat which is leased for residential purpose) —

(a)

(2)

The Director‑General may, by written notice, require any person carrying out any construction or earth works to provide or construct any device or facility that the Director‑General may think fit for the removal of dirt, earth, sand or other particles from any vehicle used in connection with the construction or earth works.

(3)

For the purposes of subsection (1) —

(a)

where the matter or thing is dropped, scattered, spilled or thrown from a vehicle, the driver or person having charge or control of the vehicle is deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and(b)where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence under this section —

(i)

the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver of the motor vehicle and such other information as the police officer or authorised officer may require; and(ii)any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give, and which may lead to the identification of the driver.

Amended [15/2014]

(4)

Any person who, without reasonable excuse, fails to comply with subsection (3)(b) within 14 days after the date on which the information was required from the person shall be guilty of an offence.

Amended [15/2014]

(5)

A person is not excused from giving any information required of the person by subsection (3)(b) on the ground that the disclosure of the information might tend to incriminate the person.

Amended [15/2014]

Section 20

Prohibition against dumping and disposing

Amended [15/2014]Amended [15/2014]Amended [15/2014]

(1)

Any person who —

(a)

dumps or disposes of any refuse, waste or any other article from a vehicle in a public place; or(b)uses a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place,shall be guilty of an offence.

(2)

Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section —

(a)

the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and(b)any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers.

Amended [15/2014]

(3)

Any person who, without reasonable excuse, fails to comply with subsection (2) within 14 days after the date on which the information was required from the person shall be guilty of an offence.

Amended [15/2014]

(4)

A person is not excused from giving any information required of the person by subsection (2) on the ground that the disclosure of the information might tend to incriminate the person.

Amended [15/2014]

(5)

Any vehicle used in dumping or disposing of refuse, waste or any other article in any public place (other than a disposal facility established with a licence granted by the Director‑General under section 23(1) or a public disposal facility) may be seized by any police officer, or any authorised officer, and removed to and detained in any police station or Government depot or other place as may be approved by the Director‑General at the risk of the owner for the purposes of proceedings under this Act.

(6)

Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that a vehicle seized under subsection (5) has been used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1), the court is to make an order for the forfeiture of the vehicle, even though no person may have been convicted of that offence.

(7)

An order for the forfeiture of a vehicle under subsection (6) may be made by the court before which the prosecution with regard to an offence under subsection (1) has been or will be held.

(8)

If there is no prosecution with regard to an offence under subsection (1) —

(a)

the vehicle seized under subsection (5) is to be forfeited at the expiry of 3 months from the date of the seizure unless a claim thereto is made before that date; and(b)any person asserting that the person is the owner of the vehicle may personally, or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the vehicle.

(9)

Upon receipt of a notice under subsection (8), the Director‑General may direct that the vehicle be released or may refer the matter by information to a Magistrate.

(10)

The Magistrate is to, on receipt of any information under subsection (9), hold an inquiry and proceed to determine the matter and is to —

(a)

on proof that the vehicle was used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1) — order the vehicle to be forfeited; or(b)in the absence of such proof — order the vehicle to be released.

(11)

No person is, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under subsection (5), entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.

Section 21

Notice to attend Court

Amended [15/2014]

(1)

Any person who commits an offence under section 17, 18, 19 or 20 may be arrested without warrant by any police officer or authorised officer, and taken before a Magistrate’s Court or a District Court (as the case may be), and shall be liable on conviction —

(a)

in the case of an offence under section 20(1), to a fine not exceeding $50,000 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 $100,000 and to imprisonment for a term of not less than one month and not more than 12 months;

(b)

in the case of an offence under section 17(1)(h), to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and(c)in the case of any other offence, to a fine not exceeding —

(i)

in the case of a first conviction, $2,000;

(ii)

in the case of a second conviction, $4,000; and(iii)in the case of a third or subsequent conviction, $10,000.

Amended [15/2014]

(2)

Despite subsection (1) or any other written law, any police officer or authorised officer who, having effected an arrest in accordance with this section, is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Court or to a police station, serve upon that person a notice in such form as may be prescribed under section 108 requiring the person to attend at the Court described at the hour and on the date specified in the notice.

(3)

For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person to provide any evidence of identity that he or she may consider necessary.

(4)

A duplicate of the notice mentioned in subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Court, if so required by the Court.

(5)

On an accused person appearing before a Court pursuant to such a notice, the Court is to take cognizance of the offence alleged and is to proceed as though the accused were produced before it under subsection (1).

(6)

If a person upon whom a notice under subsection (2) has been served fails to appear before a Court in accordance therewith, the Court is to thereupon issue a warrant for the arrest of that person.

(7)

Upon a person arrested pursuant to a warrant of arrest issued under subsection (6) being produced before a Court, the Court is to —

(a)

proceed as though the person were produced before it under subsection (1); and(b)at the conclusion of the proceedings call upon the person to show cause why he or she should not be punished for failing to attend in compliance with the notice served upon him or her, and if cause is not shown may order him or her to pay a penalty not exceeding $2,000 as the Court thinks fit or may commit him or her to prison for a term not exceeding 2 months.

(8)

Upon the conviction of any person under subsection (1), the Director‑General may, in the manner provided in section 89, recover from the person the costs and expenses incurred by the Director‑General in cleaning the public place except that where an offence was committed by any person in the course of his or her employment, the Director‑General may recover the costs and expenses in the manner provided in section 89 from the employer of the person.

(9)

This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act in respect of public cleansing.

Section 21A

Corrective work order

Amended [15/2010]

(1)

Where a person who is 16 years of age or above is convicted of an offence under section 17 or 19, and if the Court by or before which the person is convicted is satisfied that it is expedient with a view to his or her reformation and the protection of the environment and environmental public health that he or she should be required to perform unpaid work in relation to the cleaning of any premises, the Court is to, in lieu of or in addition to any other order, punishment or sentence and unless it has special reasons for not so doing, make a corrective work order requiring the person to perform that work under the supervision of a supervision officer and in accordance with the provisions of this section and section 21B.

(2)

The number of hours which a person may be required to work under a corrective work order must be specified in the order and must not in the aggregate exceed 12 hours.

(3)

Despite section 307(1) of the Criminal Procedure Code 2010, where a Court makes corrective work orders in respect of 2 or more offences of which the offender has been convicted by or before the Court, the Court may direct that the hours of work specified in any of those orders must be concurrent with or additional to the hours specified in any other of those orders, but so that the total number of hours which are not concurrent do not exceed the maximum specified in subsection (2).

Where such an order is in force and on any such application it appears to the Court that, having regard to such circumstances, it would be in the interests of justice that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the Court may revoke the order or revoke it and deal with the offender as if the offender had just been convicted of that offence in any manner in which the offender could have been dealt with for that offence by the Court which made the order had the order not been made.

Section 21E

Interpretation of sections 21 to 21D

Amended [32/92; 4/2002]

In sections 21, 21A, 21B, 21C and 21D —“corrective work order” means a corrective work order made by a Court under section 21A;“Court” means a Magistrate’s Court or a District Court;“offender” means a person who is 16 years of age or above who is convicted of an offence under section 17 or 19;“supervision officer” means an authorised officer or any other person as the Agency may, with the approval of the Minister, by notification in the Gazette, specify to be a supervision officer for the purpose of supervising the performance of work by an offender under a corrective work order.

Definition

“corrective work order” means a corrective work order made by a Court under section 21A;

Definition

“Court” means a Magistrate’s Court or a District Court;

Definition

“offender” means a person who is 16 years of age or above who is convicted of an offence under section 17 or 19;

Definition

“supervision officer” means an authorised officer or any other person as the Agency may, with the approval of the Minister, by notification in the Gazette, specify to be a supervision officer for the purpose of supervising the performance of work by an offender under a corrective work order.

Amended [32/92; 4/2002]

Section 22

Provision of public disposal facilities

(1)

The Director-General may —

(a)

provide, acquire, construct and maintain any disposal facility (called in this Act a public disposal facility) for the deposit, disposal and treatment of refuse or waste as he or she may consider necessary; and(b)make available the facility to any person upon payment of any fees or charges as may be prescribed.

(2)

The Director-General may —

(a)

refuse to accept any refuse or waste brought to any public disposal facility without giving any reason; or(b)accept refuse or waste of any description or kind upon any terms and conditions that he or she may consider necessary.

Section 23

No disposal facility to be constructed, etc., without licence

(1)

A person must not construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Director‑General under this section.

(2)

The Director‑General may grant a licence authorising any person to construct, establish, maintain or operate any disposal facility.

(3)

A licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.

(4)

Except as otherwise prescribed under section 99(9), the Director‑General may require any waste disposal licensee to render a payment on the grant of a licence under this section or such periodic payments during the currency of the licence or both of such amount or amounts as the Director‑General may determine by or under the licence.

(5)

Without limiting section 99(1), conditions attached to a licence granted under this section may include —

(a)

a condition requiring the licensee to comply with any standard of service and level of performance that the Director‑General may specify;

(b)

the right of the Director‑General in the public interest to make modifications to any condition of the licence or add new conditions during the period to which the licence relates;

(c)

a condition regulating the charge to be levied by the licensee for the provision of the waste disposal facility; and(d)a condition requiring the licensee not to accept any waste which in the opinion of the Director‑General is not suitable for disposal.

(6)

The Director-General may by written notice require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility.

(7)

Any person using, working or operating a disposal facility must use, work or operate the disposal facility in any manner that the Director‑General may require.

(8)

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 12 months 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 12 months or to both.

(9)

If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it is presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.

Section 24

Prohibition against disposal of industrial waste in unauthorised places

(1)

A person must not dispose of or cause or permit to be disposed of industrial waste in or at any place except in or at a public disposal facility or a disposal facility established pursuant to a licence granted by the Director‑General under section 23(1).

(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 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 and to imprisonment for a term of not less than one month and not more than 12 months.

(3)

For the purposes of this Act, a person is said to dispose of industrial waste if the person burns, sells, gives away, discards, dumps, incinerates, deposits, processes, recycles, throws or treats such waste and “disposal” is to be construed accordingly.

Section 25

Proper storage of industrial waste

The occupier of any work place where industrial waste is being produced must keep or store the waste before disposal in a proper and efficient manner so as not to create a nuisance or to cause any risk, harm or injury to persons or animals or is likely to pollute the environment.

Section 26

Notice requiring periodic removal of industrial waste from premises

(1)

The Director-General may, by written notice, require the occupier of any work place to remove periodically industrial waste from such premises to a disposal facility.

(2)

The Director-General may, by written notice, require any occupier upon whom a notice has been served under subsection (1) to provide evidence that the industrial waste from the premises has been disposed of at a disposal facility in accordance with the notice.

Section 27

Repealed / deleted

[Repealed by Act 15 of 2014]

Section 28

Industrial waste brought to disposal facility to be recycled or treated

The Director-General may, by written notice, require the occupier of any work place to recycle or treat any industrial waste found or produced in those premises at the occupier’s own expense before it is brought to any disposal facility for disposal.

Section 29

Dangerous substance or toxic industrial waste not to be brought to disposal facility without permission

(1)

A person who owns or is in possession of any dangerous substance or toxic industrial waste or the residue from the treatment thereof must not bring or cause to be brought the substance or waste to any disposal facility for disposal without the written permission of the Director‑General.

(2)

An application for the written permission mentioned in subsection (1) must be made to the Director‑General giving details of the nature and composition of the dangerous substance or toxic industrial waste and the residue thereof.

(3)

In granting the permission under subsection (1), the Director‑General may, by written notice, require the owner or the person in possession of the dangerous substance or toxic industrial waste to treat such substance or waste at the owner’s or person’s own expense before it is brought to any disposal facility for disposal.

(4)

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.

(5)

Any waste disposal licensee who knowingly allows any dangerous substance or any toxic industrial waste or the residue from the treatment thereof to be disposed of at the disposal facility in contravention of 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.

Section 30

Excessive production of toxic industrial waste

Where in the opinion of the Director‑General the quantity of toxic industrial waste produced in any work place is or is likely to be excessive or unduly toxic, he or she may by notice require the occupier of the work place to —

(a)

alter the method of operation or process used in the work place;

(b)

alter, install, repair or replace any device, equipment or plant used in the work place;

(c)

use other materials or substances other than those used in the work place; or(d)take any other steps that may be necessary to reduce the quantity or toxicity of such waste.

Section 30A

Furnishing of information and keeping, etc., of records on waste and submission of waste reduction plan

Amended [15/2014]Amended [15/2014]

(1)

The Director‑General may, by written notice from time to time, require any owner, occupier or lessee of a work place to do all or any of the following:

(a)

to furnish the Director‑General with any information on the amount, type and nature of any waste produced in that work place and any other particulars that may be specified in the notice;

(b)

to keep and maintain records containing any information on any waste produced in that work place that may be specified in the notice and retain those records for the period that may be specified in the notice;

(c)

to submit to the Director‑General any waste reduction plan for the period and containing information on the targets for waste reduction, measures to reduce waste and the progress of any waste reduction measure contained in any waste reduction plan previously submitted to the Director‑General, and any other particulars relating to waste reduction, that may be specified in the notice.

Amended [15/2014]

(2)

Any person who fails to comply with any notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

Amended [15/2014]

Section 31

Licensing of persons carrying on business of collecting, removing, etc., of refuse or waste

(1)

A person must not carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description without a waste collector licence granted by the Director‑General under this section.

(2)

The Director‑General may grant a licence authorising any person to carry on the business of collecting, removing, transporting, storing or importing refuse or waste of any description.

(3)

The Director‑General may designate any person who has been granted a licence under this section as a public waste collector licensee.

(4)

A licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit.

(5)

Except as otherwise prescribed under section 99(9), the Director‑General may require any licensee to render a payment on the grant of a licence under this section or such periodic payments during the currency of the licence or both of such amount or amounts as the Director‑General may determine by or under the licence.

(6)

Without limiting section 99(1), conditions attached to a licence granted under this section may include —

(a)

a condition requiring the licensee to comply with such standard of service and level of performance as the Director‑General may specify;

(b)

a condition restricting, in a manner specified in the licence, the provision by the licensee of the service of collecting and removing refuse or waste to premises which are of a class or description so specified and to the area so specified;

(c)

the right of the Director‑General in the public interest to make modifications to any condition of the licence or add new conditions during the period to which the licence relates; and(d)a condition regulating the charge to be levied by the licensee for the provision of the service of collecting and removing refuse or waste.

(7)

Any person who collects or transports refuse or waste of any description must ensure that the refuse or waste or liquid from the refuse or waste is not dropped, scattered or spilled onto any public place.

(8)

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.

Section 31A

Special administration order, etc., made on application by Agency

Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014; 40/2018]

(1)

If, on an application made to the Minister by the Agency, the Minister is satisfied, in relation to any public waste collector licensee, that any one or more of the grounds specified in subsection (2) is satisfied, the Minister may make any one or more of the following orders:

(a)

a special administration order in relation to that public waste collector licensee;

(b)

an order requiring the public waste collector licensee immediately to take action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its licence relates as the Minister may consider necessary;

(c)

an order appointing a person to advise the public waste collector licensee on the proper conduct of that part of its business or undertaking to which its licence relates.

Amended [15/2014]

(2)

The grounds mentioned in subsection (1) are —

(a)

there has been, is or is likely to be, a contravention by the public waste collector licensee of the conditions of its licence that is serious enough to make it inappropriate for the public waste collector licensee to continue to be designated a public waste collector licensee;

(b)

the public waste collector licensee is or is likely to be unable to pay its debts;

(c)

a public emergency has occurred;

(d)

A special administration order is an order of the Minister made in accordance with section 31A directing that, during the period for which the order is in force, the affairs, business and property of the public waste collector licensee must be managed directly or indirectly by the Agency —

(a)

for securing one or more of the purposes of such an order set out in subsection (2); and(b)in a manner which protects the respective interests of the members, creditors and customers of that public waste collector licensee.

Amended [15/2014]

(2)

The purposes mentioned in subsection (1)(a) are —

(a)

the security and reliability of the supply of waste collection and removal services in any specified area to the public;

(b)

the survival of the public waste collector licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern;

(c)

Despite the provisions of any other written law —

(a)

a public waste collector licensee must not be wound up voluntarily without the consent of the Agency;

(b)

no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee;

(c)

no step may be taken by any person to enforce any security over a public waste collector licensee’s property, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step;

(d)

no step may be taken by any person to execute or enforce a judgment or an order of court obtained against a public waste collector licensee, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; and(e)no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a public waste collector licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Agency.

Amended [15/2014; 40/2018]

(2)

The Agency must be a party to —

(a)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a public waste collector licensee; or(b)any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a public waste collector licensee.

Amended [40/2018]

Section 31E

Interpretation of this Part

Amended [48/2018]

In this Part, unless the context otherwise requires —“air and ventilation networks” means —

(a)

all air and ventilation transmission pipelines or interconnected transmission pipelines; and(b)other devices and equipment (including pressure regulating and control valves),used or intended for, or for purposes connected with, conveying or transporting refuse or waste by air suction;“connection point” means a point situated in, or in immediate proximity to, any premises in a DPWCS area where the refuse pipeline networks are connected to the related internal assets;“District Pneumatic Waste Conveyance System” or “DPWCS” means a pneumatic waste conveyance system that is established, or required to be established, for a DPWCS area;“DPWCS area” means an area declared under section 31G(1);“DPWCS licence” means a licence granted under section 31J to —

(a)

establish, operate or maintain a pneumatic waste conveyance system for a DPWCS area; or(b)do any combination of 2 or more things in paragraph (a);“DPWCS licensee” means a person to whom a DPWCS licence is granted under this Act;“pneumatic waste conveyance system” means an automated waste collection system that conveys or transports refuse or waste by air suction from individual premises through a network of pipes to a central location for collection and that consists of —

(a)

air and ventilation networks;

(b)

refuse pipeline networks; and(c)related internal assets,but does not include any disposal facility;“refuse pipeline networks” —

(a)

means all valves, cables, pipes, regulators, apparatus, equipment or plant or station used for, or for purposes connected with, conveying or transporting refuse or waste by air suction; and(b)includes any connection point, but does not include any related internal assets;“related internal assets” means all receptacles, refuse chutes, chute chambers, pipes, valves, control cables and sensors within any premises up to but not including any connection point, that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction from within any premises to the refuse pipeline networks.

Definition

“air and ventilation networks” means —

(a)

“related internal assets” means all receptacles, refuse chutes, chute chambers, pipes, valves, control cables and sensors within any premises up to but not including any connection point, that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction from within any premises to the refuse pipeline networks.

Amended [48/2018]

Section 31F

Application of this Part

Amended [48/2018]

This Part does not apply to any premises controlled or managed by a Town Council constituted under the Town Councils Act 1988.

Section 31G

Declaration of DPWCS areas

Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]

(1)

The Minister may, from time to time, by notice in the Gazette, declare an area to be a DPWCS area where a pneumatic waste conveyance system is established, and operated or maintained, for that area under this Part.

Amended [48/2018]

(2)

A notice under subsection (1) must —

(a)

define the limits of the DPWCS area; or(b)state that a plan of the DPWCS area may be inspected at a place and within such time as is specified in the notice.

Amended [48/2018]

(3)

The owner or occupier of every premises within a DPWCS area declared under subsection (1) must use the pneumatic waste conveyance system established, and operated or maintained by the DPWCS licensee for the area.

Amended [48/2018]

(4)

Any person who fails to comply with subsection (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 continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

Amended [48/2018]

(5)

In proceedings for an offence under subsection (4), it is a defence for the accused to prove, on a balance of probabilities, that the accused had a reasonable excuse for failing to comply.

Notice of declaration, etc.

Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]

(1)

Before making any declaration under section 31G(1) or revoking or modifying a declaration under section 31H, the Minister must give advance notice in the Gazette of the Minister’s intention to make, revoke or modify (as the case may be) the declaration.

Amended [48/2018]

(2)

The notice mentioned in subsection (1) must —

(a)

contain either of the following unless the declaration relates to the revocation of a declaration under section 31H:

(i)

a definition of the area that is proposed to be declared as a DPWCS area or the part of the DPWCS area that is proposed to be modified; or(ii)particulars as to where and when a plan of the proposed DPWCS area or of the part of the DPWCS area proposed to be modified may be inspected; and(b)specify the time (being at least 28 days after the publication of the notice in the Gazette) within which written representations with respect to the intended declaration, or intended revocation or modification of the declaration, may be made.

Amended [48/2018]

(3)

The decision of the Minister after considering any written representation made within the time specified in the notice under subsection (2)(b) is final.

Amended [48/2018]

(4)

If no written representation is received by the Minister within the time specified under subsection (2)(b), or if a written representation made under that subsection is subsequently withdrawn, the Minister may immediately carry out the proposed matters specified in the notice under subsection (1).

Amended [48/2018]

Section 31J

No collection of waste or waste through DPWCS, etc., without licence

Amended [48/2018]Amended [48/2018]Amended [48/2018]

(1)

A person must not —

(a)

establish, operate or maintain; or(b)convey or transport refuse or waste through,any DPWCS without a DPWCS licence.

Amended [48/2018]

(2)

Without limiting section 99 —

(a)

a DPWCS licence may be granted following a public tender or in any other manner that the Director‑General thinks fit;

(b)

the Director‑General may require any DPWCS licensee to render a payment on the grant of a DPWCS licence or such periodic payments during the currency of the licence or both of such amount or amounts as the Director‑General may determine by or under the licence; and(c)the conditions attached to a DPWCS licence may include —

(i)

a condition requiring the DPWCS licensee to connect, at its own cost, any premises or part thereof within the DPWCS area covered by its DPWCS licence to the DPWCS in accordance with any specifications that the Director‑General may specify;

(ii)

a condition requiring the DPWCS licensee to comply with any code of practice, standard of service and level of performance that the Director‑General may specify;

(iii)

a condition requiring the DPWCS licensee to enter into interconnection or sharing agreements in respect of any infrastructure and facilities relating to the DPWCS upon any terms and conditions that the Director‑General may consider necessary; and(iv)the right of the Director‑General in the public interest to make modifications to any condition of the DPWCS licence or add new conditions during the period to which the licence relates.

Amended [48/2018]

(3)

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 12 months 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 12 months or to both.

Amended [48/2018]

Section 31K

Works by DPWCS licensee

Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]

(1)

Subject to the provisions of this Part, a DPWCS licensee may, in order to carry out the activities which it is authorised or required by its DPWCS licence to do —

(a)

install in, on, over, under, along or across any premises or street and inspect, maintain, adjust, repair, alter, restore, replace or remove any valve, cable, pipe, regulator, apparatus, equipment, plant or station which is or is to be part of the DPWCS; and(b)carry out any activities that are necessary or incidental to the activities falling within paragraph (a), including —

(i)

excavating any premises, street, sewer or drain;

(ii)

tunnelling or boring under any premises, street, sewer or drain;

(iii)

removing or using all earth and materials in or under any premises, street, sewer or drain;

(iv)

erecting or placing any valve, cable, pipe, regulator, apparatus, equipment, plant or station in or under any land or street; and(v)taking any other action that may be necessary to render any valve, cable, pipe, regulator, apparatus, equipment, plant or station safe and efficient.

Amended [48/2018]

(2)

A DPWCS licensee must pay to any person who has suffered damage or loss of value to the person’s property caused by any activity of the DPWCS licensee mentioned in subsection (1) such sum as may be agreed between the DPWCS licensee and the person by way of compensation.

Amended [48/2018]

(3)

Any person who —

(a)

Amended [48/2018]

(3)

For the purpose of determining the amount of the tariff under subsection (2)(a), the following factors may be taken into consideration:

(a)

the amount of refuse conveyed from the premises;

(b)

the cost of storage of the refuse conveyed from the premises;

(c)

the cost of operating, maintaining and replacing the air and ventilation networks and refuse pipeline networks of the DPWCS;

(d)

Duty to enquire before excavation

Amended [48/2018]

Any person who digs, bores, trenches, grades, excavates, tunnels or breaks any ground with any mechanical equipment, tool or explosive within a DPWCS area or allows the person’s employee or agent to do so, without first ascertaining the location of any refuse pipeline networks that may be interfered with, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

Section 31Q

Damage to DPWCS

Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]

(1)

Any person who, whether wilfully or otherwise —

(a)

removes, destroys or damages or causes or permits to be removed, destroyed or damaged, any part of a DPWCS; or(b)hinders or prevents a DPWCS from being used or operated in the manner in which it is intended to be used or operated,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 3 months or to both.

Amended [48/2018]

(2)

In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Amended [48/2018]

(3)

If it appears to the Agency that there has been a contravention of subsection (1), the Agency may, by written notice, require any person who has done any of the acts mentioned in that subsection or any other person who may be liable under that subsection by virtue of section 103A (called in this section the person in default) to carry out any works that may be necessary to restore the DPWCS to its original condition, use or operation, or to replace it, within such time as may be specified in the notice.

Amended [48/2018]

(4)

If the Agency is of the opinion that immediate action is necessary or expedient, or that the DPWCS cannot be restored by the person in default, the Agency may, instead of issuing the notice under subsection (3) —

(a)

The Agency may, at the request of the owner or occupier under subsection (1), relocate the pneumatic waste conveyance system, or cause the pneumatic waste conveyance system to be relocated, if —

(a)

the Agency is satisfied that the relocation is reasonable; and(b)the owner or occupier complies with any terms and conditions that the Agency may impose, including terms and conditions relating to the payment by the owner or occupier of all reasonable costs and expenses (including compensation for any loss that may be incurred by the DPWCS licensee) necessary for the relocation.

Amended [48/2018]

(3)

Where a pneumatic waste conveyance system has been laid in, on, over, under, upon, along or across any land within a DPWCS area and the pneumatic waste conveyance system is no longer in use by the occupier or any other person for the purposes of conveying or transporting refuse or waste by air suction, the DPWCS licensee may of its own volition or must at the reasonable request of the owner, remove the pneumatic waste conveyance system from the land at its own expense.

Amended [48/2018]

(4)

In this section —

Amended [48/2018]

Definition

“owner” includes any person having a leasehold interest with an unexpired term of at least 7 years;

Administration of this Part and Part 9

Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

The Director‑General, Food Administration is responsible for the administration of this Part and Part 9, subject to the general or special directions of the Minister charged with the responsibility for food safety.

Amended [11/2019]

(2)

The Director‑General, Food Administration may, subject to the directions of the Minister charged with the responsibility for food safety, appoint any of the following individuals to be an authorised officer for the purpose of assisting the Director‑General, Food Administration in administering and carrying out the provisions of this Part and Part 9:

(a)

an employee of the Singapore Food Agency;

(b)

an employee of another statutory authority;

(c)

a public officer;

(d)

Where the convicted person fails to comply with any order under subsection (2), the Director‑General, Food Administration —

(a)

may take any steps or measures that are necessary to ensure that the order is complied with; and(b)is entitled to recover from that person the costs and expenses incurred by the Director‑General, Food Administration in doing so.

Amended [11/2019]

Section 33

Licensing of hawkers operating from stalls, etc.

Amended [11/2019]

A person must not —

(a)

hawk, sell or expose for sale any food or goods of any kind; or(b)set up or use any stall, table, showboard, vehicle or receptacle for the purpose of hawking, selling or exposing for sale any food or goods of any kind,in any street or part of the street or in any premises or public place without first obtaining a licence from the Director‑General, Food Administration.

Section 34

Licensing of itinerant hawkers

Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

A person must not act as an itinerant hawker without first obtaining a licence from the Director‑General, Food Administration.

Amended [11/2019]

(2)

The Director‑General, Food Administration may, subject to any conditions that he or she may think fit, permit licensed itinerant hawkers to occupy stationary positions for any period that he or she may think fit on any site or sites that may from time to time be approved by him or her for this purpose.

Amended [11/2019]

The Director‑General, Food Administration may, at any time, revoke or suspend any licence issued under this Part if —

(a)

the licensee is suffering from an infectious disease;

(b)

the licensee knowingly employs any person who is suffering from or is suspected to be suffering from an infectious disease;

(c)

the licensee or the licensee’s assistant or employee refuses to comply with any requisition made by the Director‑General, Food Administration under subsection (1), (2) or (3); and(d)the licensee does not comply with subsection (5).

Amended [11/2019]

Section 38

Unauthorised structures

Amended [11/2019]Amended [11/2019]

(1)

A licensee, stall-holder or other person must not erect any extension or effect any extension to any stall, shed or other place in or out of any food establishment without the permission of the Director‑General, Food Administration or cause any obstruction in any of the passageways or other places therein.

Amended [11/2019]

(2)

The Director‑General, Food Administration may, by written notice, require any person who contravenes subsection (1) to remove any erection, structure or obstruction within a period specified in the notice.

Amended [11/2019]

Section 39

Cleanliness of markets and stalls

Amended [11/2019]

(1)

Every licensee of a private market must keep the market in a clean and sanitary condition.

(2)

Every licensee of a stall must keep the stall and the immediate vicinity of the stall in a clean and sanitary condition.

(3)

Where, in the opinion of the Director‑General, Food Administration, a licensee of a private market or a stall‑holder has failed to comply with subsection (1) or (2) (as the case may be), the Director‑General, Food Administration may, by written notice, require the licensee, within the period that may be specified in the notice, to take any steps that the Director‑General, Food Administration may think fit for the purpose of complying with those subsections.

Amended [11/2019]

Section 40

Articles of food unfit for human consumption

Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

A person must not, without lawful excuse, have in the person’s possession for sale by retail any article of food intended for human consumption which is unsound or unfit for human consumption.

(2)

The Director‑General, Food Administration or an authorised officer may at all reasonable times —

(a)

enter into and inspect any place which is used, or which he or she has reasonable grounds for believing to be used —

(i)

for the sale by retail of articles of food intended for human consumption; or(ii)for the preparation or storage of such articles intended for sale; and(b)search any cart or vehicle or any basket, sack, bag, parcel or receptacle which he or she has reasonable grounds for believing to contain for sale by retail articles of food intended for human consumption and may examine any such articles therein.

Amended [11/2019]

(3)

If it appears to the Director‑General, Food Administration or an authorised officer that any such article of food is unsound or unfit for human consumption, the article may be seized by the Director‑General, Food Administration or authorised officer.

Amended [11/2019]

(4)

Any article of food seized may be kept or stored in the place or premises where it was seized or may at the direction of the Director‑General, Food Administration or an authorised officer be removed to any other place or, where the article is likely to decay or is deleterious to health, be destroyed.

Amended [11/2019]

(5)

A certificate signed by the Director‑General, Food Administration is to be accepted by a Magistrate’s Court as sufficient evidence that any article of food seized was unsound or unfit for human consumption at the time of seizure.

Amended [11/2019]

(6)

A person claiming any article of food seized under this section may, within 48 hours after the seizure, complain of the seizure to a Magistrate’s Court.

(7)

The complaint may be heard and determined by the Magistrate’s Court, which may either confirm or disallow the seizure wholly or in part, or may order any article of food seized to be returned to the owner and may order payment to be made to the owner of the article of any amount that the Court considers will compensate the owner for any loss or depreciation resulting from the seizure.

(8)

If within 48 hours after the seizure no complaint has been made, or if the seizure is confirmed, every article of food seized becomes the property of the Singapore Food Agency and must be destroyed or otherwise disposed of so as to prevent the article from being used for human consumption.

Amended [11/2019]

(9)

A person must not obstruct the Director‑General, Food Administration or an authorised officer in the exercise of his or her powers under this section or tamper with any article of food kept or stored in any place or premises under subsection (4).

Amended [11/2019]

Section 41

Cleanliness of vehicles, equipment, etc.

Amended [11/2019]

(1)

Any person who uses a vehicle for the transportation of food must ensure that the surface of the vehicle with which the food is likely to come into contact is kept in a state of cleanliness, good order and condition so as to prevent any risk of contamination of the food.

(2)

The Director-General, Food Administration may, by written notice, require any person who uses a vehicle to transport food to use or install in or on the vehicle any device or equipment as he or she thinks fit to ensure that the food carried in or on the vehicle will not be contaminated.

Amended [11/2019]

Section 41A

Penalties for offences under this Part

Amended [15/2014]Amended [15/2014]

(1)

Any person who contravenes section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) shall be guilty of an offence and —

(a)

in the case of any contravention of section 33, 34(1), 37(5), 39(2) or 41(1) —

(i)

the person shall be liable on conviction to a fine not exceeding $5,000; and(ii)where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and(b)in the case of any contravention of section 32(1), 35, 36, 38(1), 39(1) or 40(1) or (9) —

(i)

the person shall be liable on conviction to a fine not exceeding $10,000; and(ii)where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.

Amended [15/2014]

(2)

For the purposes of subsection (1), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that subsection (called the current offence) for contravening section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) —

(a)

has been convicted or found guilty on at least one other earlier occasion of an offence under that subsection for contravening the same provision as the current offence; or(b)has (whether before, on or after 1 April 2014) been convicted or found guilty on at least one other earlier occasion of an offence under section 42(1) in force immediately before that date for contravening the same provision as the current offence.

Amended [15/2014]

Section 42

Notice to attend Court

Amended [15/2014]Amended [11/2019]Amended [15/2014]Amended [11/2019]Amended [15/2014]Amended [15/2014; 11/2019]

(1)

Any person who contravenes any of the provisions of this Part may be arrested without warrant by any police officer or authorised officer and taken before a Magistrate’s Court.

Amended [15/2014]

(2)

Despite subsection (1) or any other written law for the time being in force, any police officer or authorised officer, who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Magistrate’s Court or to a police station serve upon that person a notice in any form that may be prescribed under section 108 requiring that person to attend at the Court described at the hour and on the date specified in the notice.

(3)

For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person arrested to furnish such evidence of identity as the officer may consider necessary.

(4)

A duplicate of the notice served under subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Magistrate’s Court if so required by the Court.

(5)

On an accused person appearing before a Magistrate’s Court pursuant to the notice, the Court is to take cognizance of the offence alleged and is to proceed as though he or she were produced before it under subsection (1).

(6)

If a person upon whom a notice under subsection (2) has been served fails to appear before a Magistrate’s Court in accordance with the notice, the Court is to thereupon issue a warrant for the arrest of that person.

(7)

Upon a person arrested pursuant to a warrant issued under subsection (6) being produced before it, a Magistrate’s Court is to —

(a)

proceed as though the person were produced before it under subsection (1); and(b)at the conclusion of the proceedings call upon the person to show cause why he or she should not be punished for failing to attend in compliance with the notice served upon him or her and if cause is not shown may order him or her to pay a penalty not exceeding $2,000 as the Court thinks fit or may commit him or her to prison for a term not exceeding 2 months.

(8)

Any stall, together with any appliances and utensils relating thereto and the food or goods intended or exposed for sale, whether or not they appear to be abandoned, belonging or appearing to belong to or in the possession of a person appearing to be committing or to have committed an offence under this Part may be seized by any police officer or authorised officer and removed to and detained in any police station or any other place that may be approved by the Director‑General, Food Administration at the risk of the owner, to abide the directions of a Magistrate’s Court.

Amended [11/2019]

(9)

If any money is found, together with any food, articles, appliances or utensils seized under subsection (8), the money is deemed to be lawfully seized.

(10)

Any money seized under subsection (9) if it is claimed within 48 hours after the seizure by the owner of the money must be returned to the owner whether or not the owner is licensed under this Part.

(11)

Any cooked or uncooked food or perishable articles or goods, seized and removed under subsection (8) and likely to decay may be disposed of immediately.

(12)

If any abandoned articles or goods so seized and detained, other than cooked or uncooked food or perishable articles or goods already disposed of, are claimed within 48 hours after the seizure by the owner thereof (being a person licensed or otherwise lawfully entitled to set up or sell the articles or goods at the place at which the articles or goods were seized), the abandoned articles or goods must be returned to the owner.

(13)

Every seizure must, except when the articles, goods or money have been returned to the owner, be reported to a Magistrate’s Court.

(14)

The Magistrate’s Court is, on convicting any person of an offence under section 41A(1) or on receiving a report in respect of any abandoned articles which were apparently being used in connection with the sale of food or goods, to order the property seized under subsection (8) to be forfeited and to be disposed of in any manner that the Court may think fit.

Amended [15/2014]

(15)

The Magistrate’s Court may, on receiving a report in respect of any abandoned articles which were not apparently being used in connection with the sale of food or goods, order the property seized under subsection (8) to be forfeited and to be disposed of in any manner that the Court thinks fit.

(16)

If the Magistrate’s Court directs the sale of any article, the proceeds or such part of the proceeds as the Court may think fit must be paid to the Singapore Food Agency and the balance (if any) paid to the owner.

Amended [11/2019]

(17)

The Magistrate’s Court may, on convicting any person for an offence under section 41A(1), order any money seized under subsection (9) to be returned to the person if the person satisfies the Court that the person is the owner of the money.

Amended [15/2014]

(18)

The Magistrate’s Court —

(a)

on convicting any person for an offence under section 41A(1) and where the person does not satisfy the Court that the person is the owner of any money seized under subsection (9); or(b)on receiving a report in respect of any abandoned money,is to order that money to be forfeited and paid to the Singapore Food Agency.

Amended [15/2014; 11/2019]

(19)

This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act for the control of matters under this Part.

Section 42A

Regulations for this Part

Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

The Minister charged with the responsibility for food safety may make regulations for or in respect of every purpose which the Minister considers necessary or expedient for carrying out the provisions of this Part, and in particular —

(a)

the control, regulation and supervision of markets (and anything in a market and places in the vicinity of a market) and of persons engaged or employed in a market;

(b)

the seizure and disposal of unwholesome meat, fish, fruit, vegetables or other food or drink exposed or intended for sale;

(c)

the use and management of stalls, tables or showboards set up for the sale of any goods in public streets or places of public resort;

(d)

specifying of streets, places and areas (or parts thereof) at which hawkers are prohibited;

(e)

prescribing the articles, or types or classes of articles, that may be sold from or exposed for sale in or on any stall, vehicle or other receptacle in any public street or place or by any itinerant hawker, and premises where any such article is prepared or stored and the manner in which any such article is prepared or transported;

(f)

the form and manner in which, and the time within which, an application for a licence or permit or an application to renew a licence or permit may be made, and the information and evidence required to be provided in connection with the application; and(g)the fees to be paid to the Singapore Food Agency in respect of applications for and the grant and renewal or late renewal of any licence or permit, and otherwise in connection with the administration of this Part, and the waiver, reduction or refund of fees charged.

Amended [11/2019]

(2)

In addition, the regulations made under subsection (1) may —

(a)

prescribe the offences under this Part that may be compounded, designate the officers of the Singapore Food Agency who may compound those offences and the maximum sum for which any such offence may be compoundable, which must not exceed one half of the amount of the maximum fine that is prescribed for the offence or $5,000, whichever is lower;

(b)

provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and(c)provide for any transitional, saving and other consequential, incidental and supplemental provisions that are necessary or expedient.

Amended [11/2019]

(3)

All regulations made under this section must be published in the Gazette and be presented to Parliament as soon as possible after publication.

Amended [11/2019]

Section 43

Public nuisances to be abated

The Director‑General may take any steps that he or she may consider necessary to remove or abate all nuisances of a public nature and may, if he or she considers that the circumstances so warrant, proceed at law against any person committing any such nuisance.

Section 44

Nuisances liable to be dealt with summarily

For the purposes of this Act, the following are nuisances liable to be dealt with summarily under this Act:

(a)

any premises or part of the premises of such a construction or in such a state as to be a nuisance or injurious or dangerous to health;

(b)

any pool, gutter, watercourse, earth closet, cesspool, sewer, drain or sanitary conveniences in a foul state or so situate as to be a nuisance or injurious or dangerous to health;

(c)

the keeping of any animal, bird, poultry or carcase in such place or manner or in such numbers as to be a nuisance or injurious or dangerous to health;

(d)

any dust, effluvium, accumulation or deposit which is a nuisance or injurious or dangerous to health;

(e)

the issue of any fumes, vapours, gases, heat, radiation or smells in any premises which is a nuisance or injurious or dangerous to health;

(f)

any well, pool or other source, the water from which is used or likely to be used for human consumption and which is so polluted or is likely to become so polluted as to be injurious or dangerous to health;

(g)

any tank or receptacle or article capable of containing water or any well, pool, watercourse, ditch or low marshy ground which is injurious to health or offensive to the neighbourhood;

(h)

any factory or work place which is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, latrine, earth closet, urinal or other nuisance;

(i)

any place where there exists, or is likely to exist, any condition giving rise, or capable of giving rise to the breeding of flies or mosquitoes;

(j)

any furnace, chimney, fireplace or other place from which is emitted smoke or other unconsumed combustible matter in such quantity or in such a manner as to be a nuisance or injurious or dangerous to health;

(k)

any brickfield, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or is used for any purpose likely to be injurious to health;

(l)

any machinery, plant or any method or process used in any premises which causes a nuisance or is dangerous to public health or safety;

(m)

any place where there occurs, or from which there emanates noise or vibration as to amount to a nuisance; or(n)any other matter declared by this Act to be a nuisance liable to be dealt with summarily.

Section 45

Nuisance order

(1)

On receipt of any information with respect to the existence of a nuisance liable to be dealt with summarily under this Act, the Director‑General may, if satisfied of the existence of a nuisance, serve a nuisance order on the person by whose act, default or sufferance the nuisance arises or continues, or if the person cannot be found, on the owner or occupier of the premises on which the nuisance arises.

(2)

A nuisance order may —

(a)

require works to be executed or things to be done that are necessary to abate the nuisance;

(b)

require works to be executed or things to be done that are necessary to prevent the recurrence of the nuisance even though the nuisance has for the time being been abated;

(c)

require the stoppage of any work either indefinitely or until such time as the steps which may be specified in the order have been taken to abate or prevent the recurrence of the nuisance; or(d)prohibit a dwelling house from being used for human habitation.

(3)

A nuisance order must, if the Director‑General thinks it desirable, specify the works to be executed by any person under subsection (2).

(4)

Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or the owner of the premises, the Director‑General may cause the nuisance to be abated and may do what is necessary to prevent the recurrence of the nuisance.

(5)

Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General may, when satisfied that it has been rendered fit for human habitation, cancel the nuisance order.

(6)

Where a nuisance order prohibiting a dwelling house from being used for human habitation has not been cancelled, the Director‑General may make a complaint to a Magistrate’s Court if he or she is of the opinion that —

(a)

the dwelling house has not been rendered fit for human habitation;

(b)

the necessary steps are not being taken with all due diligence to render it so fit; or(c)the continuance of the dwelling house is dangerous or injurious to the health of the public or of the occupants of the neighbouring dwelling houses.

(7)

A Magistrate’s Court after hearing the complaint may make on the owner a summary order for the demolition of the dwelling house within the time and date specified in the order.

(8)

The order may also contain a direction that the materials of the dwelling house or any part of the materials must be destroyed.

(9)

Where a nuisance order prohibits a dwelling house from being used for human habitation, the Director‑General must serve notice of the order on every occupier of the dwelling house.

(10)

Within the period specified in the order being at least 7 days (except in case of immediate danger) after the service of the order under subsection (9), the order must be obeyed by the occupier and the occupier and his or her family must cease to inhabit the dwelling house, and in default the occupier shall be guilty of an offence and the Magistrate’s Court is, upon application by the Director‑General, to make a summary order for the ejectment of the occupier and the order may be carried into effect by any police officer.

(11)

Any person who fails to comply with a nuisance order served on the person under subsection (1) shall be guilty of an offence and shall be liable —

(a)

in the case of a first conviction, to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and(b)in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Section 46

Execution of order for demolition

(1)

Where an order for the demolition of a dwelling house has been made under section 45(7), the owner of the dwelling house must, within the time mentioned in the order, take down and remove the dwelling house and, if the order for demolition so directs and to the extent mentioned in the order, destroy the materials thereof.

(2)

If the owner fails to comply with subsection (1), the Director‑General or any authorised officer must proceed to take down and remove the building and (if necessary) destroy the materials, and may recover the costs of such work from the owner.

(3)

Section 93 applies to any sum recoverable from any owner under this section.

Section 47

Premises in unwholesome state

Where the Director‑General is of the opinion that any premises, whether tenantable or otherwise, or any part of the premises are in an unclean, grimy, neglected, unkempt or insanitary condition, he or she may by a written order direct the owner or occupier of the premises to take all or any of the following measures at the expense of that owner or occupier within a time and date to be specified in the order:

(a)

remove all rank or noisome vegetation, refuse or other matter within those premises or part of those premises, or in the immediate vicinity of those premises, to such place or otherwise dispose of it at such place, as may be specified in the order;

(b)

cleanse the premises or part of the premises internally or externally, or both internally and externally, and if necessary disinfect it.

Section 48

Destruction of rats, wasps, bees, etc.

(1)

Where the Director‑General is of the opinion that —

(a)

any premises are so infested with rats, mice, insects or other vermin; or(b)there exist, in any premises, wasps, bees, hornets or other insects capable of stinging and the Director‑General is of the opinion that there is a probability, risk or danger that the persons in those premises or in the vicinity of those premises may be stung by them, or if any of those persons has been stung by them,the Director‑General may, by written notice, require the owner or occupier of the premises at the owner’s or occupier’s own expense to take any measures that the Director‑General may consider necessary, within such time and date as may be specified in the notice, for the destruction of the rats, mice, wasps, bees, hornets or other insects or vermins, for the removal of their breeding places and for preventing their reappearance.

(2)

Where wasps, bees, hornets or other insects capable of stinging exist in any vacant premises and the owner cannot by the exercise of reasonable diligence be found, and the Director‑General is of the opinion that persons in the vicinity of the premises are in imminent danger of being stung by them, or if those persons have been stung by them, the Director‑General may enter upon the premises and take any measures that he or she considers necessary for their destruction, for the removal of their breeding places and for preventing their reappearance.

(3)

The costs and expenses incurred under subsection (2) must be borne by the Agency.

Section 49

Closing and demolition, etc., of insanitary dwellings

(1)

Where the Director‑General is of the opinion that any building or part of the building or anything attached to a building used or occupied as a dwelling house is unfit for human habitation and cannot be rendered fit therefor without the removal, alteration or demolition in whole or in part of any partition, compartment, loft, gallery, pent roof, outhouse or other structure or erection or without the execution of any alterations or structural operations that he or she may specify, the Director‑General may, by written notice, require the owner thereof to carry into effect all or any of the following:

(a)

the removal, alteration or demolition of the whole or a part of the partitions or other erections or obstructions complained of;

(b)

the execution of any operations or structural alterations that are necessary to render the premises fit for human habitation and to guard against danger of disease.

(2)

The notice must give at least 24 hours in advance for the commencement of the operation enjoined and must specify the period within which the operation must be completed.

(3)

A person must not, without the express written permission of the Director‑General, replace any partition, erection or obstruction removed under subsection (1) and the Director‑General or any authorised officer may enter upon such premises and remove the partition, erection or obstruction.

(4)

The Director‑General may also, by notice to be posted in a conspicuous position upon the building, require the owner or occupier (as the case may be) to cease to inhabit the building and to remove all goods, furniture and effects from the building within 48 hours from the posting of the notice.

(5)

The owner and every occupying tenant must thereupon comply with the requirements of the notice.

(6)

At the expiry of 48 hours from the posting of the notice mentioned in subsection (4), the Director‑General or any authorised officer may remove all goods, furniture and effects from the building.

Section 50

Overcrowding of houses

A person must not permit a house to be so overcrowded as in the opinion of the Director‑General to be injurious or dangerous to the health of the residents of the house.

Section 51

Public toilets

The Director‑General may provide and maintain in proper and convenient locations toilets for public use and may charge a fee for the use of those toilets or may license those toilets for such periods and on payment of such fees as he or she may think fit.

Section 52

Insufficient and defective sanitary conveniences

(1)

If it appears to the Director‑General that —

(a)

any building or part of the building is without sufficient sanitary conveniences; or(b)any sanitary conveniences provided for or in connection with a building or part of the building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition,the Director‑General must, by written notice to the owner of the building, require the owner to provide the building or any part of the building with any sanitary conveniences that may be necessary for the use of persons using the building.

(2)

The Director‑General may, in his or her discretion, by written notice to the owner of any building or part of the building, require the owner to re-site any toilet attached thereto.

Section 53

Repairs

If it appears to the Director‑General that any sanitary conveniences provided for or in connection with a building or part of the building are in such a state as to be defective or prejudicial to health or a nuisance, but that they can without reconstruction be put into a satisfactory condition, the Director‑General must, by written notice, require the owner or occupier of the building to execute such works or to take such steps by cleansing the sanitary conveniences or otherwise as may be necessary for that purpose.

Section 54

Sanitary conveniences in work premises or work place

(1)

Any premises which are used as work premises or work place must be provided —

(a)

with adequate sanitary conveniences sited at any locations that the Director‑General may think fit, having regard to the number of persons employed in, or in attendance at, the work premises or work place; and(b)where persons of both sexes are employed or in attendance, with adequate separate sanitary conveniences for persons of each sex, unless the Director‑General is satisfied that in the circumstances of any particular case the provision of those separate sanitary conveniences is unnecessary.

(2)

If it appears to the Director‑General that subsection (1) has not been complied with in the case of any work premises or work place, he or she must, by written notice, require the owner or the occupier of the work premises or work place (as the case may be) to —

(a)

make such alterations in the existing sanitary conveniences; and(b)provide such additional sanitary conveniences as may be necessary.

Section 55

Care of sanitary conveniences

(1)

The owner and the occupier of every building in or in connection with which a toilet or urinal is provided must cause the flushing apparatus thereof to be kept supplied with water sufficient for flushing.

(2)

Where sanitary conveniences are used in common by the members of 2 or more families or by members of the public or by employees, the owner, occupier, chief or principal tenant or the person in charge of the building concerned (as the case may be) must maintain the sanitary conveniences in a clean and hygienic manner without causing any nuisance to sight or smell.

Section 56

Inadequate bathroom facilities

If it appears to the Director‑General that any building or part of the building is without any bathroom or without adequate facilities for bathing, he or she may, by written notice to the owner of the building, require the owner to provide the building with one or more bathrooms or with such facilities for bathing as the Director‑General may consider adequate.

Section 57

Construction and maintenance of private drains

(1)

The Director‑General may, by written notice, require the owner of any land or the owner of adjoining lands, at the expense of the owner to —

(a)

Publicly accessible premises to be kept clean, etc.

Amended [33/2020]Amended [33/2020]Amended [33/2020]

(1)

The manager of any publicly accessible premises must —

(a)

regularly clean, and keep clean and in good repair, the premises;

(b)

keep the premises free of conditions that may endanger the lives or health of the manager’s employees or other users of the premises; and(c)where the premises are specified premises, comply with the additional requirements relating to specified premises under this Act.

Amended [33/2020]

(2)

Where, in the opinion of the Director‑General, the manager of any publicly accessible premises fails to comply with subsection (1)(a), (b) or (c), the Director‑General may, by written notice, require the manager within such period as may be specified in the notice to take any steps that the Director-General may think fit.

Amended [33/2020]

(3)

In the case of any publicly accessible premises that are air‑conditioned, the Director‑General may, by written notice —

(a)

prescribe temperature and humidity controls for the air‑conditioned premises; and(b)require the manager of the premises —

(i)

to install automatic devices for recording the temperature and humidity level in the premises; and(ii)to keep such records and charts of the temperature and humidity level in such premises as the Director‑General may direct for the inspection of the Director‑General.

Amended [33/2020]

Section 61

Director-General may require employers to provide mess rooms, etc.

The Director‑General may, in his or her discretion, by written notice, require any employer to provide for the employer’s employees, if in the opinion of the Director‑General the conditions or circumstances under which the employees work so warrant, suitable and sufficient facilities by way of mess rooms, rest rooms, canteens, changing rooms or pantries or to improve upon the same if the Director‑General considers the existing facilities inadequate.

Section 61A

Environmental Control Coordinators and Environmental Control Officers

Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]

(1)

An individual must not act as an Environmental Control Coordinator or an Environmental Control Officer unless the individual is registered as such, and the registration is not suspended, under this Act.

Amended [33/2020]

(2)

The Director-General may —

(a)

subject to any condition that the Director‑General thinks fit to impose, register any individual as an Environmental Control Coordinator or an Environmental Control Officer; or(b)refuse such registration.

Amended [33/2020]

(3)

The Director-General may, by written notice, suspend or cancel the registration of an Environmental Control Coordinator or an Environmental Control Officer (called in this section a registered person) if —

(a)

the registered person procured the registration by providing any particulars, document or information, or by making any statement or representation, to the Director‑General which is false or misleading in any material particular; or(b)the Director-General is satisfied that the registered person has contravened any of the following:

(i)

any provision of this Act;

(ii)

any regulations made under section 111;

(iii)

any applicable code of practice or standard of performance;

(iv)

any condition of the registration.

Amended [33/2020]

(4)

The Director-General must, before suspending or cancelling the registration of a registered person under subsection (3), give the registered person a written notice of the Director‑General’s intention to do so and an opportunity to submit reasons, within the period specified in that notice, as to why the registration should not be suspended or cancelled.

Amended [33/2020]

(5)

Any individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

The Minister’s decision on the appeal is final.

Amended [33/2020]

(4)

The Minister’s decision on the appeal must be given to the appellant.

Amended [33/2020]

(5)

Where an appeal is made under subsection (1) against any decision of the Director‑General under section 61A(3), the execution of that decision must be stayed until the outcome of the appeal.

Amended [33/2020]

Section 62

Appointment of Environmental Control Officer in construction site

Amended [33/2020]Amended [15/2014; 33/2020]Amended [26/2007; 33/2020]

(1)

This section applies to any class or description of construction sites that the Agency may, with the approval of the Minister by order in the Gazette, specify.

(2)

The occupier of any construction site to which this section applies must appoint a registered Environmental Control Officer for the construction site.

Amended [33/2020]

(3)

Despite subsection (2), where a construction site has more than one occupier, the Director‑General may, by written notice, require the developer of that construction site to appoint a registered Environmental Control Officer for that construction site, and the developer must ensure that a registered Environmental Control Officer is appointed for the construction site until the completion of the works in that construction site.

Amended [15/2014; 33/2020]

(4)

A registered Environmental Control Officer appointed for a construction site under this section must be so appointed on a full‑time or part-time basis, as may be specified in the order under subsection (1), for the purpose of exercising general supervision within the construction sites of the observance of the provisions of this Act, the Control of Vectors and Pesticides Act 1998, the Environmental Protection and Management Act 1999 and the Sewerage and Drainage Act 1999, and any regulations made under those Acts.

Amended [26/2007; 33/2020]

Section 62A

Appointment of Environmental Control Coordinator or Environmental Control Officer for specified premises

Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]

(1)

This section applies to premises for which an environmental sanitation programme is required (called specified premises).

Amended [33/2020]

(2)

The Agency may, with the approval of the Minister, by order in the Gazette —

(a)

designate as specified premises any publicly accessible premises (or class of publicly accessible premises);

(b)

designate as specified premises any of the following premises (or class of premises) that are not publicly accessible:

(i)

any premises (or class of premises) owned, managed or occupied by the Government or a statutory body;

(ii)

any premises (or class of premises) used, or intended to be used, for a commercial or an industrial purpose, or for mixed purposes the predominant purpose of which is either a commercial or an industrial purpose;

(iii)

any recreational facility or class of recreational facilities;

(iv)

any common property (or class of common property) of any residential premises (or class of residential premises), or of any premises (or class of premises) mentioned in sub‑paragraph (ii);

(v)

any premises (or class of premises) for which an environmental sanitation programme is assessed to be necessary to minimise or alleviate the risk of, or to prevent or manage, an outbreak or a spread of any infectious disease;

(c)

(c)

review and update the environmental sanitation programme in the manner required by the applicable codes of practice or standards of performance;

(d)

submit the developed, amended or updated (as the case may be) environmental sanitation programme to the manager of the specified premises;

(e)

monitor the implementation of the developed, amended or updated (as the case may be) environmental sanitation programme;

(f)

identify and notify the manager of any default in the implementation of the environmental sanitation programme; and(g)recommend remedial measures to address any default in the implementation of the environmental sanitation programme.

Amended [33/2020]

(2)

The manager of the specified premises must, in accordance with any regulations made under section 111 —

(a)

endorse and submit to the Director-General the environmental sanitation programme mentioned in subsection (1)(d) (or, where section 62A(4) applies, the environmental sanitation programme developed, amended or updated (as the case may be) by the manager in the manager’s capacity as the Environmental Control Coordinator or Environmental Control Officer for the specified premises);

(b)

implement that environmental sanitation programme upon endorsing it; and(c)implement any remedial measures recommended under subsection (1)(g).

Amended [33/2020]

(3)

Any manager that contravenes subsection (2)(a), (b) or (c) shall be guilty of an offence and shall be liable on conviction —

(a)

for a first offence, to a fine not exceeding $5,000; and(b)for a second or subsequent offence, to a fine not exceeding $10,000.

Amended [33/2020]

(4)

In this section, “implement”, in relation to an environmental sanitation programme or remedial measures, includes the carrying out of activities and measures specified in the environmental sanitation programme or remedial measures (as the case may be), and “implementation” is to be construed accordingly.

Amended [33/2020]

Section 62C

Power to give directives

Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]

(1)

The Director-General may, with the approval of the Minister, give a directive in such form and manner as the Director‑General thinks fit, in respect of any premises or class of premises (called in this section the relevant premises), or any public service vehicle or class of public service vehicles (called in this section the relevant vehicle) if it appears to the Director‑General that —

(a)

the use of the relevant premises or the operation of the relevant vehicle is likely to endanger the health of any person and the directive is necessary to prevent or manage that risk; or(b)the directive is necessary to prevent or manage the outbreak or spread of any infectious disease.

Amended [33/2020]

(2)

A directive given under subsection (1) must be complied with by the following persons (called in this section the responsible person):

(a)

where the directive applies to any relevant premises — the manager of those premises;

(b)

where the directive applies to any relevant vehicle — the operator of that vehicle.

Amended [33/2020]

(3)

Without limiting subsection (1), a directive given under that subsection may require the responsible person to do all or any of the following:

(a)

close the relevant premises, or any part of the relevant premises, for a period not exceeding 14 days for the purpose of cleaning or disinfecting the relevant premises, or any part of the relevant premises;

(b)

clean or disinfect the relevant premises or the relevant vehicle in the manner and within the time specified in the directive;

(c)

provide every individual who is to carry out the cleaning or disinfecting of the relevant premises or relevant vehicle with appropriate personal protective equipment, and ensure that the individual wears the personal protective equipment when carrying out the cleaning or disinfecting work.

Amended [33/2020]

(4)

The Director-General may, with the approval of the Minister, by written notice, renew any directive mentioned in subsection (3)(a) for any period (not exceeding 14 days each time) specified in the notice.

A reference in this section to a directive given under subsection (1) includes, where subsection (4) applies, a reference to the renewed directive under subsection (4).

Amended [33/2020]

Section 62D

Monitoring powers for purposes of sections 62A, 62B and 62C

The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).

Amended [33/2020]

(5)

Any individual who, without reasonable excuse, fails to do anything required of the individual by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [33/2020]

(6)

For the purposes of subsection (5), it is a reasonable excuse for an individual to refuse or fail to provide any document or information which the individual is required by a notice under subsection (2) to provide if doing so might tend to incriminate that individual.

Amended [33/2020]

Section 62E

Application to Government

Amended [33/2020]

Sections 60 to 62D apply to any premises owned, managed or occupied by the Government and any public service vehicle owned or operated by the Government.

Section 63

Licensable aquatic facilities

Amended [33/2020]Amended [33/2020]

(1)

The purposes mentioned in subsection (1) are —

(a)

the taking and analysis of any materials (whether solid, liquid, gaseous or vapour) found in or on the relevant aquatic facility;

(b)

the cleaning or disinfecting of the relevant aquatic facility;

(c)

the conducting of investigations relating to the relevant aquatic facility or any outbreak, suspected outbreak or spread of any infectious disease; and(d)the implementation of remedial measures in relation to the relevant aquatic facility.

Amended [33/2020]

(3)

The cessation notice must be complied with by the owner or occupier of the premises in or on which the relevant aquatic facility is located (called in this section the responsible person).

Amended [33/2020]

(4)

The Director-General must, by written notice (called in this section the resumption notice), permit the resumption of the use or operation of the relevant aquatic facility when the Director‑General is satisfied that —

(a)

where the cessation notice is issued under subsection (1)(a)(i) — the use or operation of the relevant aquatic facility is no longer likely to endanger the health of any person;

(b)

where the cessation notice is issued under subsection (1)(a)(ii) — the cessation of the use or operation of the relevant aquatic facility is no longer necessary to prevent or manage the outbreak or spread of any infectious disease; or(c)where the cessation notice is issued under subsection (1)(b) — the Director‑General is satisfied that the responsible person is no longer in contravention of the applicable requirement.

Amended [33/2020]

(5)

Where the cessation notice or resumption notice applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons.

Amended [33/2020]

(6)

Any person that contravenes any notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [33/2020]

Section 65

Monitoring powers for purposes of this Part

The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).

Amended [33/2020]

(5)

Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [33/2020]

(6)

For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person.

Amended [33/2020]

Section 66

The purposes mentioned in subsection (1) are —

(a)

the taking and analysis of any materials (whether solid, liquid, gaseous or vapour) found in or on the relevant aerosol‑generating system;

(b)

the cleaning or disinfecting of the relevant aerosol‑generating system;

(c)

the conducting of investigations relating to the relevant aerosol‑generating system or any outbreak, suspected outbreak or spread of any infectious disease; and(d)the implementation of remedial measures in relation to the relevant aerosol‑generating system.

Amended [33/2020]

(3)

The cessation notice must be complied with by the owner or occupier of the premises in or on which the relevant aerosol‑generating system is located (called in this section the responsible person).

Amended [33/2020]

(4)

The Director-General must, by written notice (called in this section the resumption notice), permit the resumption of use or operation of the relevant aerosol-generating system when the Director‑General is satisfied that —

(a)

where the cessation notice is issued under subsection (1)(a)(i) — the use or operation of the relevant aerosol‑generating system is no longer likely to endanger the health of any person;

(b)

where the cessation notice is issued under subsection (1)(a)(ii) — the cessation of the use or operation of the relevant aerosol‑generating system is no longer necessary to prevent or manage the outbreak or spread of any infectious disease; or(c)where the cessation notice is issued under subsection (1)(b) — the Director‑General is satisfied that the responsible person is no longer in contravention of the applicable requirement.

Amended [33/2020]

(5)

Where the cessation notice or resumption notice applies to or affects a class of responsible persons, it may be published in any manner that the Director‑General thinks necessary for bringing it to the notice of those responsible persons.

Amended [33/2020]

(6)

Any person that contravenes any notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [33/2020]

Section 66C

Monitoring powers for purposes of this Part

The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).

Amended [33/2020]

(5)

Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [33/2020]

(6)

For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person.

Amended [33/2020]

Section 66D

Application to Government

Amended [33/2020]

This Part applies to any aerosol‑generating system owned, managed or operated by the Government.

Section 67

Licensing of funeral parlours, cemeteries and crematoria

A person must not establish, use, manage, operate or run any premises as a funeral parlour, cemetery or crematoria without first obtaining a licence from the Director‑General.

Section 68

Repealed / deleted

[Repealed by Act 48 of 2018]

Section 69

Corpse not to be retained beyond 48 hours unless encoffined

(1)

No corpse may be retained in any premises, including a funeral parlour, for a period longer than 48 hours after death, unless the corpse is encoffined in a hermetically sealed coffin or is embalmed.

(2)

So long as the corpse is encoffined in a hermetically sealed coffin or is embalmed, it may be retained in any premises, including a funeral parlour, for a period not exceeding 7 days after death, but where it is intended to retain a corpse for a period exceeding 7 days, the written permission of the Director‑General must be obtained.

Section 70

Decomposed corpse

No corpse in an advanced stage of decomposition may be received into any funeral parlour unless encoffined in a hermetically sealed coffin.

Section 71

Agency may provide cemeteries and crematoria

The Agency may provide suitable places to be used as public cemeteries and crematoria and must make proper provisions for maintaining them.

Section 72

by a notice from the Director‑General under section 73;

(b)

by order of a Magistrate, Coroner or Commissioner of Police for the purpose of judicial inquiry;

(c)

by written permission granted for that purpose by the Director‑General; and(d)by the Director‑General for the purpose of using the place where the corpse is buried for the burial of another corpse.

(2)

Any person who exhumes or causes to be exhumed or, being the owner, trustee or person in charge of any burial ground, permits to be exhumed any corpse in contravention of this section shall be guilty of an offence.

Section 77

Repealed / deleted

[Repealed by Act 48 of 2018]

Section 78

Interpretation of this Part

Amended [11/2018; 11/2019]

In this Part —“authorised officer” means an individual appointed under section 31W(2) by the Director‑General, Food Administration to be an authorised officer;“general appearance”, in relation to water suitable for drinking, includes the colour and clarity of the water;“provide”, in relation to water suitable for drinking, means to convey, distribute, produce, supply, offer to provide or otherwise make available, in the course of business and whether or not carried on for profit, the water —

(a)

to the public, or a section of the public, at a public place, any common area of any residential premises, or any other place, premises or area; and(b)by using any reticulation system, storage tank, container, hose, water fitting, generator, tanker, truck or any other system, facility, equipment or vehicle,but does not include —

(c)

any sale of water suitable for drinking that is regulated under the Sale of Food Act 1973;

(d)

any supply to a vessel of water suitable for drinking that is regulated under the Maritime and Port Authority of Singapore Act 1996;

(e)

any provision to a Singapore ship of water suitable for drinking that is regulated under the Merchant Shipping Act 1995;

(f)

any provision of water suitable for drinking solely to the Public Utilities Board; and(g)any other provision of water prescribed by the Minister charged with the responsibility for food safety by order in the Gazette, as not being the provision of water suitable for drinking;“Public Utilities Board” means the Public Utilities Board continued under section 3 of the Public Utilities Act 2001;“water provider” means a person who provides water suitable for drinking;“water suitable for drinking” means —

(a)

potable water; and(b)any water held out by a water provider as potable water,but does not include any water intended for consumption solely by animals.

Definition

“authorised officer” means an individual appointed under section 31W(2) by the Director‑General, Food Administration to be an authorised officer;

Definition

“general appearance”, in relation to water suitable for drinking, includes the colour and clarity of the water;

Definition

“provide”, in relation to water suitable for drinking, means to convey, distribute, produce, supply, offer to provide or otherwise make available, in the course of business and whether or not carried on for profit, the water —

(a)

to the public, or a section of the public, at a public place, any common area of any residential premises, or any other place, premises or area; and(b)by using any reticulation system, storage tank, container, hose, water fitting, generator, tanker, truck or any other system, facility, equipment or vehicle,but does not include —

(c)

any sale of water suitable for drinking that is regulated under the Sale of Food Act 1973;

(d)

any supply to a vessel of water suitable for drinking that is regulated under the Maritime and Port Authority of Singapore Act 1996;

(e)

any provision to a Singapore ship of water suitable for drinking that is regulated under the Merchant Shipping Act 1995;

(f)

any provision of water suitable for drinking solely to the Public Utilities Board; and(g)any other provision of water prescribed by the Minister charged with the responsibility for food safety by order in the Gazette, as not being the provision of water suitable for drinking;

Definition

“Public Utilities Board” means the Public Utilities Board continued under section 3 of the Public Utilities Act 2001;

Definition

“water provider” means a person who provides water suitable for drinking;

Definition

“water suitable for drinking” means —

(a)

potable water; and(b)any water held out by a water provider as potable water,but does not include any water intended for consumption solely by animals.

Amended [11/2018; 11/2019]

Section 79

Provision of water suitable for drinking

Amended [11/2018]Amended [11/2018]Amended [11/2018; 11/2019]Amended [11/2018; 11/2019]Amended [11/2018; 11/2019]Amended [11/2018]

(1)

A water provider must not provide water suitable for drinking unless the water is unpolluted and wholesome.

Amended [11/2018]

(2)

For the purposes of subsection (1), water is unpolluted and wholesome if the water —

(a)

conforms to the prescribed requirements concerning the quality, purity and general appearance of water suitable for drinking; and(b)does not, based on any prescribed methodology or assessment, contain any contaminant, substance or organism, either alone or in any combination, at a concentration or value that constitutes a potential danger to human health.

Amended [11/2018]

(3)

The regulations prescribing the methodology or assessment mentioned in subsection (2)(b) may —

(a)

incorporate by reference any document relating to such methodology or assessment that is —

(i)

issued or approved; and(ii)in force or published at a particular time, or from time to time,by any organisation or other person whose purposes relate to public health; and(b)provide for the Director‑General, Food Administration to specify any other methodology or assessment.

Amended [11/2018; 11/2019]

(4)

A water provider who provides, or intends to provide, water suitable for drinking must comply with the prescribed duties of a water provider, which may include the duty to —

(a)

comply with the requirements relating to the composition, type and specifications of any container or other package in which the water is provided or is to be provided (called in this section the water packaging);

(b)

comply with the requirements relating to the way in which the water provided or to be provided is presented, including requirements relating to the labels that may be affixed on the water packaging and information that must accompany the water packaging (whether on the label, printed on the water packaging or on an accompanying document);

(c)

comply with the requirements relating to the risk assessment and risk management measures that are or are to be used in order to minimise the likelihood of the water becoming polluted and unwholesome;

(d)

comply with the requirements relating to the sampling and testing of the water;

(e)

provide to the Director‑General, Food Administration any information that the Director‑General, Food Administration may require relating to the water provided or to be provided;

(f)

carry out any remedial measures that the Director‑General, Food Administration may require; and(g)comply with any other requirement (as may be prescribed) for the purposes of keeping the water unpolluted and wholesome.

Amended [11/2018; 11/2019]

(5)

Where the Director‑General, Food Administration is of the opinion that any water provider has contravened any requirement under subsection (1) or (4), the Director‑General, Food Administration may by written notice require the water provider to stop the provision of such water, and the water provider must comply with such notice.

Amended [11/2018; 11/2019]

(6)

Any person who contravenes subsection (1), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Amended [11/2018]

Section 80

Power to enter and investigate

Amended [11/2018]Amended [11/2018]

(1)

An authorised officer may, at any time without notice, enter any premises and do all or any of the following for the specified purposes:

(a)

search the premises and take possession of anything found in those premises;

(b)

require the production of, and take and retain extracts from or copies of, records, certificates, notices and documents (wherever and by whoever they are kept);

(c)

take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found for the purpose of analysis;

(d)

take any photographs or video recordings that the authorised officer thinks necessary;

(e)

require any person whom the authorised officer finds in the premises to produce the person’s identity card or other identification papers for inspection.

Amended [11/2018]

(2)

In subsection (1), “specified purposes” means one or both of the following purposes:

(a)

to ascertain whether the requirements imposed by or under this Part are complied with;

(b)

to investigate a suspected offence under this Part.

Amended [11/2018]

Section 80A

Regulations for this Part

Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

The Minister charged with the responsibility for food safety may make regulations for or in respect of every purpose which the Minister considers necessary or expedient for carrying out the provisions of this Part.

Amended [11/2019]

(2)

In particular, the regulations made under subsection (1) may —

(a)

prescribe the offences under this Part that may be compounded, designate the officers of the Singapore Food Agency who may compound those offences and the maximum sum for which any such offence may be compoundable, which must not exceed one half of the amount of the maximum fine that is prescribed for the offence or $5,000, whichever is lower;

(b)

provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction;

(c)

prescribe the fees to be paid to the Singapore Food Agency in connection with the administration of this Part, and the waiver, reduction or refund of fees charged; and(d)provide for any transitional, saving and other consequential, incidental and supplemental provisions that are necessary or expedient.

Amended [11/2019]

(3)

All regulations made under this section must be published in the Gazette and be presented to Parliament as soon as possible after publication.

Amended [11/2019]

Section 80B

Purpose of this Part

Amended [15/2014]

The purpose of this Part is to regulate and upgrade cleaning standards and productivity in the cleaning industry in Singapore by licensing cleaning businesses with requirements for the training of cleaners and the payment of progressive wages to cleaners that ensure a more engaged cleaning workforce and the retention of a core of resident cleaners.

(1)

Where —

(a)

Subject to the provisions of this Part, an applicant is eligible for a cleaning business licence if —

(a)

the applicant is a company registered under the Companies Act 1967, a limited liability partnership registered under the Limited Liability Partnerships Act 2005, a sole proprietorship or firm registered under the Business Names Registration Act 2014, a society registered under the Societies Act 1966 or an entity having a business or corporate structure that may be prescribed;

(b)

the applicant satisfies the Director‑General that —

(i)

the applicant has, during the prescribed period before the date of the applicant’s application, performed or started performing no fewer than the prescribed minimum number of cleaning contracts; or(ii)in the case where the applicant does not satisfy the requirement in sub‑paragraph (i) in relation to the cleaning contracts, the applicant has at least one officer or employee who has not less than the prescribed minimum number of years of practical experience in supervising cleaning work or who has been conferred a qualification or certificate relating to cleaning work that may be prescribed;

(c)

the progressive wage plan in respect of its cleaning business submitted by the applicant conforms with subsection (5);

(d)

in the case of an applicant who has one or more cleaners in the applicant’s employ at the time of the application, the applicant satisfies the Director‑General that the prescribed proportion of the cleaners the applicant employs have attended the prescribed training and at the prescribed frequency; and(e)the applicant satisfies any other requirements that may be prescribed.

Amended [15/2014; 29/2014]

(5)

Every progressive wage plan in respect of a cleaning business of a licensee or an applicant for a cleaning business licence must —

(a)

relate to every citizen or permanent resident of Singapore the licensee or applicant employs or proposes to employ as a cleaner in its cleaning business;

(b)

specify the basic wage payable to every cleaner in paragraph (a) that is on an increasing scale depending on seniority, responsibilities, cleaning work experience and training received;

(c)

specify an amount as the basic wage for each class of cleaners in paragraph (a) that is not less than the amount specified under section 80H(2)(a) for that class; and(d)specify that where the cleaner belongs to a class of cleaners specified as eligible for a progressive wage model bonus under section 80H(2)(b), the cleaner will be paid a progressive wage model bonus.

Amended [15/2014; 48/2018]

(6)

The Director‑General may, if he or she thinks fit, in any particular case waive any (but not all) of the requirements of subsection (4).

Amended [15/2014]

(7)

Any person who is aggrieved by the decision of the Director‑General refusing to grant the person a cleaning business licence may, within 14 days after the person is notified of that decision, appeal to the Minister whose decision is final.

Amended [15/2014]

(8)

In subsection (4)(b)(ii), “officer” —

(a)

in relation to a body corporate — means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;

(b)

in relation to a partnership — means any partner;

(c)

in relation to a sole proprietorship — means the sole proprietor; or(d)in relation to a society — means any member of the committee of the society.

Amended [15/2014]

Section 80H

Conditions of cleaning business licence

Amended [15/2014; 48/2018]Amended [48/2018]Amended [48/2018]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014; 48/2018]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]

(1)

Every cleaning business licence is deemed to be granted subject to the following conditions:

(a)

the holder of a cleaning business licence (called in this Part a licensee) must keep such records relating to the licensee’s cleaning business, and retain the records for such period, as may be prescribed;

(b)

the licensee —

(i)

must ensure that each cleaner the licensee employs attends any training that may be specified by the Director‑General whenever the Director‑General requires that cleaner to attend that training; and(ii)must keep training records of each cleaner the licensee employs in such manner, containing such particulars and for such period as may be prescribed;

(c)

for each cleaner the licensee employs, the licensee must enter into a contract of service in writing;

(d)

for every contract of service entered into between the licensee and a cleaner who is a citizen or permanent resident of Singapore, the contract must —

(i)

provide for payment to that cleaner of a basic wage that is not less than the minimum amount specified under subsection (2) for the class of cleaners to which that cleaner belongs;

(ii)

provide for payment to that cleaner of a progressive wage model bonus that is not less than the minimum amount, and at the frequency, specified under subsection (2) if the cleaner belongs to the eligible class of cleaners specified under that subsection; and(iii)contain terms not inconsistent with the requirements in section 80G(5) for the progressive wage plan in respect of that licensee’s cleaning business;

(e)

the licensee must issue to each cleaner the licensee employs a pay slip containing such particulars of that cleaner’s basic wage and such other payment received by that cleaner from the licensee, and at such frequency, as may be prescribed; and(f)in the case where the licensee was required to satisfy the requirement in section 80G(4)(b)(ii) in respect of the grant of the cleaning business licence, the licensee must ensure that at all times at least one of the licensee’s officers or employees has the practical experience, qualification or certificate mentioned in section 80G(4)(b)(ii).

Amended [15/2014; 48/2018]

(2)

The Commissioner for Labour must, by order, specify —

(a)

Amended [15/2014; 48/2018]

(8)

The Director‑General may, if he or she thinks fit, waive any (but not all) of the conditions specified in subsection (1) in any particular case.

Amended [15/2014]

(9)

(1)

Every cleaning business licence —

(a)

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

(b)

must contain the conditions subject to which it was granted;

(c)

is valid for the period stated therein unless it is earlier revoked under section 80J; and(d)may be renewed upon its expiry.

Amended [15/2014]

(2)

Sections 80F, 80G and 80H apply, with the necessary modifications, to the renewal and an application for the renewal of a cleaning business licence.

Amended [15/2014]

Section 80J

Revocation and suspension of cleaning business licence

Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]

(1)

Subject to subsections (3) and (4), the Director‑General may by order revoke any cleaning business licence if he or she is satisfied that —

(a)

the licensee has ceased to carry on a cleaning business in Singapore;

(b)

the licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(c)

the licensee no longer satisfies the requirements for a cleaning business licence referred to in section 80G(4)(a);

(d)

the licensee had, in connection with the application for the grant or renewal of its cleaning business licence, furnished false or misleading information in a material particular, or its cleaning business licence had been obtained by fraud or misrepresentation;

(e)

a circumstance which the Director‑General becomes aware of would have required or permitted the Director‑General to refuse to grant or renew the licensee’s cleaning business licence, had the Director‑General been aware of the circumstance immediately before granting or renewing the cleaning business licence;

(f)

any part of the progressive wage plan in respect of the licensee’s cleaning business does not conform with section 80G(5);

(g)

the licensee has contravened any requirement or other provision of this Part or has been convicted of an offence under this Part;

(h)

the licensee has, on or after 1 April 2014, contravened any requirement or provision of Part 3 of the Employment Act 1968 relating to the payment of salary, or has been convicted of an offence under Part 3 of the Employment Act 1968 relating to the payment of salary, of any of its employees, whether or not cleaners;

(i)

the licensee has failed to comply with any notice, direction or order issued under this Part by the Director‑General or any authorised officer;

(j)

the licensee has failed to pay any fine for any offence under this Part, or any financial penalty, charge or fee charged or imposed under this Part;

(k)

the licensee has failed to comply with any condition of its cleaning business licence that is not waived under section 80H(8); or(l)it is in the public interest to revoke the cleaning business licence.

Amended [15/2014]

(2)

Subject to subsection (3), where the Director‑General considers that one or more events referred to in subsection (1) have occurred, but the event or events are not of sufficient gravity to revoke a cleaning business licence, the Director‑General may by order —

(a)

(b)

is deemed to be a debt due to the Government for the purposes of section 397 of the Insolvency, Restructuring and Dissolution Act 2018 and section 10 of the Government Proceedings Act 1956; and(c)must be paid into the Consolidated Fund upon collection or recovery,and that person’s liability to pay is not affected by its cleaning business licence ceasing, for any reason, to be in force.

Amended [15/2014; 40/2018]

(5)

The Director‑General may, in any case in which he or she thinks fit, waive, remit or refund in whole or in part any financial penalty imposed under this section.

Amended [15/2014]

(6)

In any proceedings for the recovery of any financial penalty which any person is liable to pay, a certificate purporting to be under the hand of the Director‑General certifying the amount of the financial penalty that is payable by the person is prima facie evidence of the facts stated therein.

Amended [15/2014]

Section 80L

Changes to information submitted

Amended [15/2014]

Every licensee of a cleaning business licence must notify the Director‑General of any change to —

(a)

information contained in the licensee’s application for the grant or renewal of its cleaning business licence or any document accompanying the licensee’s application;

(b)

particulars of any progressive wage plan submitted by the licensee under section 80F; or(c)information the licensee submitted to the Director‑General for the purposes of the licensee’s application for the grant or renewal of its cleaning business licence,no later than 14 days after the date of the change.

Section 80M

Monitoring powers

Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]

(1)

Subject to subsection (2), the Director‑General or any authorised officer appointed under section 3(2) may, for the purposes of the execution of this Part, by written notice —

(a)

require a licensee to produce such records, accounts and documents kept by the licensee in relation to its cleaning business within such reasonable time as may be specified in the notice;

(b)

inspect, examine and make copies of any such records, accounts and documents so produced; and(c)make any inquiry that may be necessary to ascertain whether the provisions of this Part are complied with.

Amended [15/2014]

(2)

Where the Director‑General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a cleaning business licence has occurred, or is occurring or about to occur, the Director‑General or authorised officer may exercise all or any of the powers referred to in subsection (1) without having to issue any notice in writing.

Amended [15/2014]

(3)

Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —

(a)

the power of the Director‑General or authorised officer in subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and(b)the power of the Director‑General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require any person on the premises in question to give the Director‑General or authorised officer any assistance that the Director‑General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them.

Amended [15/2014]

(4)

Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended [15/2014]

Section 80N

Register of licensees

Amended [15/2014]Amended [15/2014]

(1)

The Director-General must keep and maintain a register in which must be entered such particulars of the licensees as the Director‑General may determine.

Amended [15/2014]

(2)

Where the cleaning business licence of any licensee has been suspended or revoked or has expired, the Director‑General may —

(a)

remove the particulars of the licensee from the register; or(b)indicate against the particulars of the licensee in the register the fact of the suspension, revocation or expiry of the licence, as the case may be.

Amended [15/2014]

Section 81

Power to enter upon lands for purposes of Act

(1)

The Director-General or any authorised officer may, for the purposes of this Act, enter between the hours of 6 a.m. and 6 p.m. into and upon any premises in order to make any survey, inspection or search or to execute any work authorised by this Act without being liable to any legal proceedings or molestation on account of that entry or of anything done in any part of those premises.

(2)

A person must not, except with the consent of the occupier of the house, enter any house by virtue of the powers conferred by subsection (1) without at least 3 hours previous notice being given to the occupier of the house, if any.

(3)

Despite subsection (1), where it is necessary and expedient to make any survey, inspection or search or to execute any work authorised by this Act outside the hours specified in subsection (1), the Director‑General or any authorised officer may enter any premises by giving at least 6 hours previous notice to the owner or occupier of the premises.

Section 82

Penalty for obstruction

Amended [48/2018; 11/2019]Amended [11/2019]Amended [11/2019]

(1)

A person must not at any time —

(a)

Appeal to Minister against notice, order or decision

(1)

Any person who is aggrieved by any notice, order or decision of the Director‑General may within 7 days of the notice, order or decision appeal in writing to the Minister whereupon the execution of the notice, order or decision must be stayed.

(2)

The Minister may confirm, vary or rescind the notice or order or direct that the thing must be proceeded with, varied or abandoned (as the case may be) or make any order which the Director‑General is competent to make and the decision of the Minister is final.

Section 84A

Appeal against decisions under Part 4 or 9

Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

Any person who is aggrieved by any notice, order or decision of the Director‑General, Food Administration made under Part 4 or 9 may, within 7 days after the person receives the notice, order or decision, appeal in writing to the Minister charged with the responsibility for food safety.

Amended [11/2019]

(2)

After considering an appeal made under this section, the Minister charged with the responsibility for food safety may —

(a)

reject the appeal and confirm the notice, order or decision (as the case may be) of the Director‑General, Food Administration;

(b)

allow the appeal and rescind the notice, order or decision (as the case may be) of the Director‑General, Food Administration; or(c)substitute or vary the notice, order or decision appealed against and make any notice, order or decision which the Director‑General, Food Administration is competent to make under Part 4 or 9, as the case may be.

Amended [11/2019]

(3)

The Minister’s decision on an appeal is final.

Amended [11/2019]

(4)

Every appellant must be notified of the Minister’s decision under subsection (2).

Amended [11/2019]

(5)

Where an appeal is lodged by a person under this section against any notice, order or decision of the Director‑General, Food Administration made under Part 4 or 9, the execution of the notice, order or decision appealed against must be stayed until the outcome of the appeal.

Amended [11/2019]

Section 85

Default in compliance with notice

(1)

When any notice or order under this Act requires any act to be done or work to be executed by the owner or occupier or the person in charge of any premises and default is made in complying with the requirements of the notice or order, the person in default shall, where no fine is specially provided for the default, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(2)

When the notice or order requires any act to be done or work to be executed for which no time is fixed by this Act, it must fix a reasonable time for complying with the requirements.

(3)

Where any person who has been served with any notice or order fails to comply therewith, the Director‑General may, without affecting any proceedings under subsection (1), at the expiry of the period specified in the notice or order execute the works as are specified in the notice or order and may recover from that person the expenses reasonably incurred in so doing in the manner provided in section 89.

(4)

Nothing in this section is deemed to prohibit the Director‑General from carrying out any works specified in the notice or order at the request of a person who has been served with the notice or order upon an undertaking by that person to pay the costs and expenses in executing the works.

Section 86

Authorised officers may demand names and addresses in certain cases

Amended [48/2018]

(1)

Any person who is charged by any police officer or authorised officer with any offence under this Act must on demand give his or her name and address and other proof of identity to the police officer or authorised officer, if so required.

(2)

The occupier of any premises must, if required by any police officer or authorised officer, give his or her name and other proof of identity and the name and address of the owner of the premises, if known.

(3)

Any person who contravenes this section or wilfully misstates his or her name and address or the name and address of the owner of any premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Amended [48/2018]

Section 87

Power of investigating offences

Amended [11/2019]Amended [11/2019]Amended [11/2019]

(1)

For the purpose of investigating any offence under this Act, the Director‑General or the Director‑General, Food Administration (as the case may be) or any authorised officer (including an authorised officer within the meaning of section 31W) may —

(a)

examine orally any person supposed to be acquainted with the facts and circumstances of the case, and to reduce to writing any statement made by the person so examined; and(b)require by written order the attendance before himself or herself of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances concerning the case and that person must attend as so required.

Amended [11/2019]

(2)

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

(3)

A statement made under this section by any person must be read over to the person and must, after correction (if necessary), be signed by him or her.

(4)

If any person fails to attend as required by an order under subsection (1)(b), the Director‑General, the Director‑General, Food Administration or the authorised officer (including an authorised officer within the meaning of section 31W) may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.

Amended [11/2019]

(5)

The Director‑General, the Director‑General, Food Administration (as the case may be) or any authorised officer (including an authorised officer within the meaning of section 31W) may photograph (which includes making a digital image or a moving visual record) or otherwise record —

(a)

any place or vehicle where an offence under this Act was committed, is reasonably suspected to have been committed, or is about to be committed;

(b)

any place or vehicle associated with, or relevant to, the commission or suspected commission of the offence under this Act; or(c)any thing or individual in a place or vehicle mentioned in paragraph (a) or (b).

Amended [11/2019]

Section 88

Powers of arrest

(1)

Any police officer or authorised officer may arrest any person committing in his or her view or who he or she has reason to believe has committed any offence punishable under this Act if —

(a)

the name and address of the person are unknown to him or her;

(b)

the person declines to give the person’s name and address; or(c)there is reason to doubt the accuracy of the name and address, if given.

(2)

A person arrested under this section may be detained until the person’s name and address are correctly ascertained.

(3)

No person arrested under this section may be detained longer than is necessary for bringing the person before a court unless the order of a court for the person’s detention is obtained.

Section 88A

False or misleading information

Amended [15/2014; 11/2019]

A person shall be guilty of an offence if —

(a)

the person provides information to a police officer, the Director‑General, the Director‑General, Food Administration or any authorised officer (including an authorised officer within the meaning of section 31W) in connection with any of his or her functions or duties under this Act;

(b)

the information is false or misleading in a material particular; and(c)the person knew that that information is false or misleading in a material particular or is reckless as to whether it is so.

Section 89

Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court

Amended [40/2019]

(1)

Subject to the provisions of this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and (if necessary) the apportionment of the same and any question of liability is, in case of dispute or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount exceeds $10,000, by a District Court.

(2)

If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay the same within 14 days after demand, that amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court.

(3)

An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to the appeal.

Amended [40/2019]

Section 90

Damage to property of Agency and Singapore Food Agency to be made good in addition to penalty

Amended [11/2019]

(1)

If through any act, neglect or default (on account whereof any person has incurred any penalty under this Act) any damage to Agency property or property of the Singapore Food Agency (as the case may be) is committed by that person, that person shall be liable to make good the damage as well as to pay the penalty.

Amended [11/2019]

(2)

The amount of the damage is, in case of dispute, to be determined by the court by which the person incurring the penalty was convicted.

(3)

The amount of the damage is to be recovered as if it were a fine imposed by the court.

Section 91

Payment of fees, etc.

Amended [16/2016; 48/2018; 11/2019]Amended [16/2016]Amended [16/2016]

(1)

Subject to subsection (2), section 31N and regulations made under section 42A or 80A, all fees, charges and moneys collected under this Act are payable to the Agency.

Amended [16/2016; 48/2018; 11/2019]

(2)

Any fee, charge or money collected under this Act may be paid to a person other than the Agency where the Agency has, with the approval of the Minister, made regulations under section 111 providing for that fee, charge or money to be payable to that person instead.

Amended [16/2016]

(3)

This section does not apply to composition sums in section 104 or financial penalties imposed under section 80K or 99.

Limitation of liability to fines and penalties

Except 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, no person shall be liable to any fine or penalty under this Act for any offence under this Act unless the complaint respecting the offence is made within one year after the date of the commission of such offence.

Section 96

Protection from personal liability

(1)

No matter or thing done and no contract of any kind entered into by the Agency or the Director‑General and no matter or thing done by any authorised officer or any other person employed in the administration of this Act or acting under the direction of the Agency, the Director‑General or authorised officer shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject them or any of them personally to any action, liability, claim or demand.

(2)

Any expense incurred by those persons acting in accordance with subsection (1) must be borne by the Agency.

Section 97

Exemption of agent who has no funds in hand

(1)

No person (A) receiving the rent of premises as receiver or agent for another person is liable to do anything by this Act required to be done by the owner of the premises if, after A or the actual owner has been required to do any work, A gives notice to the Director‑General within 7 days after the requisition has been made, that A does not have sufficient funds of the person on whose behalf A is receiving the rents to pay for the work.

(2)

In that case, the Director‑General may himself or herself execute the work and the expenses incurred thereby must be charged and recoverable as provided in section 92.

Section 98

Service of summons, notice, etc.

Amended [48/2018]Amended [48/2018]Amended [48/2018]Amended [48/2018]

(1)

Every summons, notice, order or document required or authorised by this Act to be served on any person may be served by —

(a)

In this section, “business address” or “place of business” means —

(a)

in the case of an individual, the individual’s usual or last known place of business in Singapore; and(b)in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore.

Amended [48/2018]

Section 99

Licences

Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [16/2016]Amended [11/2019]Amended [15/2014; 11/2019]

(1)

Any licence under this Act may be —

(a)

granted or renewed at the discretion of the Director‑General;

(b)

granted, renewed or refused without any reason for the grant, renewal or refusal being given therefor; and(c)granted or renewed subject to any restrictions and conditions that the Director‑General may think fit.

(2)

The Director‑General may require any applicant for a licence to furnish any information and evidence that he or she may reasonably require for a full and proper consideration of the application.

(3)

If the applicant refuses to furnish the information under subsection (2), the Director‑General must refuse to grant or renew the licence.

(4)

The Director‑General may, before granting or renewing any licence, require the applicant to give security, either in the form of a cash deposit or by entering into a bond, that the provisions of this Act and of the conditions of the licence will be duly observed.

(5)

Where an applicant is required to enter into a bond, the Director‑General may require not more than 2 sureties to enter into the bond with the applicant.

(6)

Any sum deposited or bond entered into under this section is liable to forfeiture in whole or in part at the discretion of the Director‑General on cancellation of the licence.

(7)

Any person who wilfully furnishes any false information in any application for a licence shall be guilty of an offence and any licence granted is void and of no effect.

(8)

Subject to the provisions of this Act, any licence may be for such period as the Director‑General thinks fit.

(9)

There must be charged for the grant or renewal of any licence any fee that may be prescribed by the Agency with the approval of the Minister.

(10)

Where a licence is granted for a period of less than 12 months, the Director‑General may charge a proportionate fee therefor; and in charging the proportionate fee, any part of a month is reckoned as one month.

(11)

No licensee is entitled to any refund of any fee paid by the licensee in respect of any licence.

(12)

A person must not in any manner transfer any licence or permit any licence to be used by any other person without the approval in writing of the Director‑General.

(13)

Subject to subsection (14), it is lawful for the Director‑General to modify the conditions of a licence without compensating the licensee concerned.

Amended [11/2019]

(14)

Before modifying any conditions of a licence, the Director‑General must give notice to the licensee holding that licence —

(a)

stating that the Director‑General proposes to make the modification in the manner specified in the notice; and(b)specifying the time (being not less than a prescribed period after the date of service of notice on the licensee) within which the licensee may make written representations to the Director‑General with respect to the proposed modification.

Amended [11/2019]

(15)

Where a licensee —

(a)

is in breach of any restriction or condition subject to which the licence was granted; or(b)has contravened any provision of this Act,the Director-General may —

(c)

suspend or cancel the licence; and(d)in the case of paragraph (a), in lieu of or in addition to paragraph (c), impose a financial penalty of any amount, not exceeding $5,000, unless the breach in paragraph (a) is an offence under this Act.

Amended [11/2019]

(16)

Subject to the provisions of this Act, any person who is aggrieved by —

(a)

the refusal by the Director‑General to grant or renew any licence;

(b)

the decision of the Director‑General to modify the conditions of a licence under subsection (13);

(c)

the suspension or cancellation by the Director‑General of any licence;

(d)

the imposition of any financial penalty by the Director‑General; or(e)the forfeiture of any sum deposited or bond entered into under this section,may, within 14 days of the refusal, suspension, cancellation, imposition of financial penalty or forfeiture, appeal to the Minister whose decision is final.

Amended [11/2019]

(17)

Any financial penalty imposed on any person under this section is to be paid into the Consolidated Fund.

Amended [16/2016]

(18)

The provisions of this section affecting any licence or permit apply (so far as relevant) to any licence or permit granted or renewed under Parts 4 and 9 by the Director‑General, Food Administration —

(a)

as if the licence or permit were granted or renewed under any other Parts of this Act pursuant to an application to the Director‑General;

(b)

as if the reference to the Director‑General in this section were a reference to the Director‑General, Food Administration;

(c)

as if the reference to the Agency in this section were a reference to the Singapore Food Agency;

(d)

as if the reference to the Minister in this section were a reference to the Minister charged with the responsibility for food safety; and(e)with any other exceptions, modifications and adaptations that the differences between Parts 4 and 9 and other Parts require.

Amended [11/2019]

(19)

In this section, “licence” includes any approval, permit, permission, authority, authorisation or licence which may be granted or renewed under this Act, but does not include a cleaning business licence granted or renewed under Part 9A.

Amended [15/2014; 11/2019]

Section 99A

Codes of practice and standards of performance

Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]Amended [33/2020]

(1)

The Director-General may issue, approve, amend or revoke one or more codes of practice or standards of performance with respect to —

(a)

programmes and measures relating to environmental sanitation;

(b)

activities and conduct of licensees and registered persons under this Act;

(c)

activities that relate to or concern environmental public health;

(d)

the cleaning, disinfection and operation of any class of premises, facilities or systems under this Act;

(e)

the operation of any provision of this Act; or(f)generally for carrying out the purposes of this Act.

Amended [33/2020]

(2)

If any provision in any code of practice or standard of performance is inconsistent with this Act, such provision (to the extent of the inconsistency) does not have effect.

Amended [33/2020]

(3)

Where a code of practice or standard of performance is issued, approved, amended or revoked by the Director‑General under subsection (1), the Director‑General must —

(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice the date of the issue, approval, amendment or revocation, as the case may be; and(c)ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and of all amendments to that code or standard, are available free of charge to any person to which that code or standard applies.

Amended [33/2020]

(4)

None of the following has any effect until the notice relating to it is published in accordance with subsection (3):

(a)

a code of practice or standard of performance;

(b)

an amendment to a code of practice or standard of performance;

(c)

the revocation of a code of practice or standard of performance.

Amended [33/2020]

(5)

A code of practice or standard of performance has no legislative effect.

Amended [33/2020]

(6)

Subject to subsections (4) and (7), a person must comply with any code of practice or standard of performance that is applicable to that person.

Amended [33/2020]

(7)

The Director-General may, either generally or for such time as the Director‑General may specify, waive the application to any person of any code of practice or standard of performance, or of any part of any code of practice or standard of performance.

Amended [33/2020]

Section 100

Receipts, notices, etc., may be given by authorised officer

(1)

All notices, orders, receipts, warrants and other documents which the Director‑General is empowered to give by this Act may be given by any authorised officer.

(2)

Where any such notice, order, receipt, warrant or document requires authentication, the signature or a facsimile thereof of the Director‑General or any authorised officer affixed thereto is sufficient authentication.

Section 101

Furnishing of information required by Director‑General

The Director‑General may, by written notice, require the owner or occupier of any work place or work premises to furnish the Director‑General within 14 days or a longer period that may be specified in the notice any information required by the Director‑General for the purposes of this Act.

Section 102

Saving of prosecutions under other laws

Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or from being liable under that other written law to any other or higher punishment or penalty than that provided by this Act except that no person may be punished twice for the same offence.

Section 103

General penalties

Amended [22/99]

Any person who contravenes any of the provisions of this Act shall be guilty of an offence and, where no penalty is expressly provided, shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

Section 103A

Offences by bodies corporate, etc.

Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]Amended [15/2014]

(1)

Where an offence under this Act committed by a body corporate is proved —

(a)

to have been committed with the consent or connivance of an officer of the body corporate; or(b)to be attributable to any neglect on the officer’s part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

In this section —

Amended [15/2014]

Definition

“body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;

Definition

“officer” —

(a)

in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or(b)in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;

Definition

“partner” includes a person purporting to act as a partner.

Amended [15/2014]

(6)

(1)

No misnomer or inaccurate description of any person, premises, building, street or place named or described in any document prepared, issued or served under or for the purposes of this Act affects in any way the operation of this Act as respects that person or place if that person or place is so designated in the document as to be identifiable.

(2)

No proceedings taken under this Act are invalid for want of form.

Section 106

Jurisdiction of court

Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.

Section 107

Evidence

(1)

The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct and the production of any book purporting to contain any apportionment made under this Act shall, without any other evidence, be received as prima facie proof of the making and validity of the apportionment mentioned therein.

(2)

All records, registers and other documents kept by the Director‑General or by any public officer for the purposes of this Act are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) and subscribed by the officer with his or her name and his or her official title are admissible in evidence as proof of the contents of the documents or extracts therefrom.

Section 108

Forms

The Director-General may design and utilise any forms that he or she may think fit for any of the purposes of this Act, and may require any person to complete any of the forms for any such purpose.

Section 108A

Modification of provisions

Amended [11/2019]

Sections 82, 85(3) and (4), 93(1), 94(1) and (2), 96, 97, 100, 101, 107 and 108 apply (so far as relevant) to anything done or required to be done under Parts 4 and 9 by the Director‑General, Food Administration —

(a)

as if the reference in those provisions to the Director‑General includes a reference to the Director‑General, Food Administration;

(b)

as if the reference in those provisions to the Agency were a reference to the Singapore Food Agency;

(c)

as if the reference in those provisions to an authorised officer includes a reference to an authorised officer within the meaning of section 31W; and(d)with any other exceptions, modifications and adaptations that the differences between Parts 4 and 9 and other Parts require.

Section 109

Amendment of Schedules

The Minister may, from time to time, by notification in the Gazette, add to, alter or amend any of the Schedules.

Section 110

Exemption

Amended [11/2019; 33/2020]Amended [11/2019]

(1)

The Agency may, subject to the general or special directions of the Minister, either permanently or for such period as the Agency thinks fit, exempt any person, facility, system, premises or works, or any class of persons, facilities, systems, premises or works from any of the provisions of this Act, except Parts 4 and 9.

Amended [11/2019; 33/2020]

(2)

The Singapore Food Agency may, subject to the general or special directions of the Minister charged with the responsibility for food safety, either permanently or for such period as the Singapore Food Agency thinks fit, exempt any person or premises or any class of persons or premises from any of the provisions of Part 4 or 9.

Amended [11/2019]

Section 111

Regulations

Amended [33/2020]Amended [15/2014]Amended [11/2019]

(1)

The Agency may, with the approval of the Minister, make regulations for or in respect of every purpose which the Minister considers necessary for carrying out the provisions of this Act, and in particular, without limiting the foregoing, for or in respect of all or any of the matters specified in the Third Schedule.

(1A)

Regulations made under this section may make different provision for different classes, descriptions or types of persons, facilities, systems, premises or works.

Amended [33/2020]

(2)

The Agency may, with the approval of the Minister, in making any regulations, prescribe the circumstances in which it is presumed that an offence under the provisions of any such regulations was committed.

(3)

The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with any regulations shall be an offence and may prescribe the fine with which the offence shall be punishable, but so that no such fine shall exceed for any one offence the sum of $20,000 and, in the case of a continuing offence, the sum of $1,000 for every day or part of a day during which the offence continues after conviction.

Amended [15/2014]

(4)

All regulations made under this Act (except sections 42A and 80A) must be published in the Gazette and must be presented to Parliament as soon as possible after publication.

Amended [11/2019]

Schedule 1

Description of purposes for use of foodestablishments to which section 32 applies

FIRST SCHEDULESections 32 and 109Description of purposes for use of foodestablishments to which section 32 applies1. As a retail food establishment where food is sold wholly by retail (whether or not the food sold is also prepared, stored or packed for sale or consumed at such premises), including —

(a)

an eating establishment, such as a restaurant;

(b)

a cut fruit shop;

(c)

a supermarket;

(d)

a market-produce shop (including any premises used for the sale of fish or crustacean, or meat or vegetable);

(e)

a barbecue meat shop,except a retail food establishment that is part of a non-retail food business within the meaning of the Sale of Food Act 1973.2. As a catering establishment providing a catering service whereby —

(a)

food is prepared, packed and thereafter delivered to a consumer for his or her consumption or use; or(b)food is prepared at premises appointed by a consumer for his or her consumption or use,except a catering establishment that is part of a non‑retail food business within the meaning of the Sale of Food Act 1973.[48/2017]

Schedule 3

Subject matters of regulations

THIRD SCHEDULESections 109 and 111(1)Subject matters of regulations1. Public cleansing, conservancy and the depositing, collection, removal and disposal of dust, dirt, ashes, rubbish, nightsoil, dung, trade refuse, garden refuse, stable refuse, trade effluent and other filth; and matters relating to the receptacles used or provided in connection therewith.1A. The control, regulation and supervision of —

(a)

the establishment, operation and maintenance of a DPWCS; and(b)the conveyance or transportation of refuse and waste through a DPWCS.1B. The duties of owners and occupiers of premises in connection with the use, operation and maintenance of a DPWCS.1C. The specifications, dimensions and other standards to which the related internal assets must conform.1D. The control, regulation and restriction of the types of refuse and waste that may be disposed of through a DPWCS.1E. The conditions under which refuse and waste may be disposed of through a DPWCS.2. [Deleted by Act 11 of 2019]3. The control, regulation and supervision of places used for the reception of sick or dying persons.4. The prevention and abatement of nuisances.5. The keeping down or destruction of rats, mice, insects and other vermin, and the proofing of premises against the same.6. [Deleted by Act 11 of 2019]7. [Deleted by Act 11 of 2019]8. [Deleted by Act 11 of 2019]9. The inspection, regulation, supervision, control, management, maintenance, operation and use of cemeteries and crematoria, the dimensions of graves and places of interment, the prescribing of conditions under which human remains may be disposed of, registers to be kept and generally all matters connected with the good order of cemeteries and crematoria, due regard being had to the religious usages of the several classes of the community.10. The provision and maintenance of sanitary conveniences.11. The collection, transportation, storage, labelling and disposal of industrial waste and toxic industrial waste.12. The prescribing of forms for licences and notices and for other purposes of this Act.13. The prescribing of a code of practice relating to the control and regulation of noise levels in work places and construction sites.14. The prescribing of fees for licences and the prescribing of fees and charges for any of the purposes of this Act and the prescribing of any other matter which by this Act is required to be or may be prescribed.15. The prohibition and control of the burning of joss sticks and candles.16. The prescribing of matters relating to or for the purposes of cleaning business licences and the regulation of cleaning businesses.17. The registration and regulation of Environmental Control Coordinators and Environmental Control Officers, including their duties and matters relating to their appointment, training and qualifications.18. The requirements relating to environmental sanitation programmes for specified premises.19. The duties of managers of specified premises in connection with environmental sanitation, including the periodic cleaning of the specified premises.20. The regulation of licensable aquatic facilities, including the duties of owners or occupiers of premises in or on which licensable aquatic facilities are located.21. The regulation of registrable aerosol‑generating systems, including the duties of owners or occupiers of premises in or on which registrable aerosol‑generating systems are installed.[15/2014; 48/2018; 11/2019; 33/2020]

Schedule 4

Private persons who can be authorised to exercise powers under this Act or itsregulations and powers in respect ofwhich persons may act

FOURTH SCHEDULESections 4(2) and 109Private persons who can be authorised to exercise powers under this Act or itsregulations and powers in respect ofwhich persons may actFirst column Second columnPrivate persons who may be authorised to exercise powers under this Act and regulations made under this Act Powers under this Act and its regulations which the person may be authorised to exercise(1)Any member or employee of a Town Council established under the Town Councils Act 1988)))))Powers of an authorised officer under —

(a)

section 21; and(b)sections 86 and 88 in relation to any offence under section 17 and regulation 30 of the Environmental Public Health (Public Cleansing) Regulations for contravening regulation 15(1) of those Regulations(2)Any member of any committee of a Town Council )))(3)Any employee of an agent of a Town Council))(4)Any operator of a public service vehicle))(5)Any —)Powers of an authorised officer under —

(a)

section 21; and(b)sections 86 and 88 in relation to any offence under section 17.(a)member or employee of a society registered under the Societies Act 1966;))))(b)member, director or employee of a public company limited by guarantee registered under the Companies Act 1967; or)))))) (c)member of a council established by the Ministry of Sustainability and the Environment,))))) whose objects or activities relate to environmental public health, environmental protection, living environment improvement or matters connected therewith))))))) (6)Any employee of PSA Corporation Limited—Powers of an authorised officer under —

(a)

sections 21 and 42; (b)section 86 in relation to any offence under section 17, 18 or 19, Part 4 or to any offence under regulation 30 of the Environmental Public Health (Public Cleansing) Regulations for contravening regulations 4, 8(2), 9, 14, 15(1) or (3), 25 and 26(1)(a) and (b) of those Regulations; and (c)section 88 in relation to any offence under regulation 30 of the Environmental Public Health (Public Cleansing) Regulations for contravening regulations 4, 8(2), 9, 14, 15(1) or (3), 25 and 26(1)(a) and (b) of those Regulations.[S 442/2013; S 747/2020]

Schedule

[Repealed by Act 48 of 2018]

Environmental Public Health Act 1987

PRELIMINARY

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