Control of Plants Act 1993

“authorised analyst” means any person appointed by the Director‑General as an authorised analyst under section 3(3);

“authorised officer” means any person appointed by the Director‑General as an authorised officer under section 3(2);

“Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996;

“certified pesticide operator” means a person who is certified as a pesticide operator under section 12;

“conveyance” includes any aircraft, vessel, train, vehicle or any other artificial contrivance, whether mechanically propelled or otherwise used or capable of being used as a means of transport on land, water or air;

“Director-General” means the Director‑General, Plant Health appointed under section 3(1);

“diseased” means attacked by or infected with any pest;

“fresh fruits and vegetables” means unprocessed and raw fruits and vegetables which are intended for human consumption;

“import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air from any place which is outside Singapore but does not include the bringing into Singapore by land, sea or air (whether landed or transhipped in Singapore) for the sole purpose of being carried to any other country either by the same or another conveyance;

“label” includes any written, printed, pictorial or other descriptive matter;

“land” includes

“licensed grower” means a person who is issued with a licence under section 10;

“occupier”, in relation to any land, includes every person in actual possession, management or control of the land;

“owner”, in relation to any land, includes every lessee or tenant of the land;

“package” includes every means by which plants, plant products and pests are encased, covered, enclosed, contained or packed for conveyance from one place to another;

“pest” means any species, strain or biotype of plant, animal or pathogenic agent which is or is capable of being injurious to plants or plant products;

“pesticide” means any substance or mixture of substances prepared or used for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances prepared or used as a plant regulator, defoliant or desiccant;

“pesticide residue” means the remains of any substance resulting from the use of any pesticide, the level of which is prescribed by rules made under this Act;

“phytosanitary certificate” means a phytosanitary certificate mentioned in section 30(1);

“plant” means any species of plant or any part of a plant whether living or dead and includes any vegetable, fruit, flower, leaf, stem, branch, spore, seed, root, cutting, graft, scion and any other part, whether severed or attached, intended for propagation or from which further plants may be propagated;

“plant product” means any product derived from plants, either in their natural, manufactured or processed form;

“premises” includes land;

“prohibited pesticide” means a pesticide not specified in the Ninth Schedule to the Food Regulations;

“prohibited pesticide residue” means the remains of any substance resulting from the use of any prohibited pesticide;

“prohibited plant” means any plant prohibited under section 17;

“sell” includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale, and “sale” has a corresponding meaning;

“soil” includes earth, water, peat, manure, compost, sand, clay and any other substance capable of supporting plant life, or transmitting any pest, whether or not used or intended to be used as a growing medium, or in any process of manufacture, or as ballast or for any other purpose;

“supply” includes offering or attempting to supply or having in possession for supply or causing or allowing to be supplied;

“toxic chemical residue” means the remains of any chemical substance, other than pesticides, the level of which is prescribed by rules made under this Act;

“tranship”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air from any place which is outside Singapore any plant and then to

“treatment” means disinfection and disinfestation to ensure the removal, sterilisation or killing of any pest by appropriate means.

The Board is responsible for the administration of this Act and any rules made under this Act, and to that end, the Board must appoint an officer of the Board to be the Director‑General, Plant Health.

The Director-General may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General in administering and carrying out the provisions of this Act or any rules made under this Act:

The Director-General may appoint one or more persons with the prescribed qualifications and practical experience to be authorised analysts for the purposes of this Act and any rules made under this Act.

The Director-General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by any provision of this Act or any rules made under this Act (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any rules made under this Act to the Director‑General includes a reference to such an authorised officer.

Any delegation under subsection (4) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify.

The Director-General may, for any reason that appears to him or her to be sufficient, at any time revoke a person’s appointment as an authorised officer.

A person mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Board.

A person must not import for sale, supply or distribution or tranship any fresh fruit or vegetable except under and in accordance with the conditions of a licence issued by the Director-General.

In deciding whether to grant a licence for the import of any fresh fruit or vegetable, the Director‑General may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to the experience and resources of the applicant in providing a secure and reliable supply in Singapore of the fresh fruit or vegetable, as the case may be.

Without limiting subsection (2), those inquiries and investigations may include whether the applicant for a licence to import any fresh fruit or vegetable has a procurement plan stating

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 3 years or to both.

A licensee must not import any fresh fruit or vegetable for sale, supply or distribution unless

A licensee must not tranship any fresh fruit or vegetable unless the licensee has obtained a permit from the Director‑General in respect of each consignment of fresh fruits or vegetables to be transhipped by the licensee and the transhipment is carried out by the licensee in accordance with the conditions of the permit.

Any licensee who contravenes or fails to comply with subsection (1) or (2) 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 3 years or to both.

Subject to subsection (5), in any proceedings for an offence under subsection (3), it is a defence for the person charged (A) to prove

If in any case the defence provided by subsection (4) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without leave of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person has served on the prosecutor a written notice giving such information as was then in the person’s possession identifying or assisting in the identification of that other person.

In this section —

“container” means the basket, carton, bag, box, packet or other receptacle which contains the fresh fruits or vegetables and, where any such receptacle is contained in another such receptacle, includes the latter receptacle;

“licensee” means a person who has obtained a licence as required under section 7 for the import or transhipment (as the case may be) of any fresh fruit or vegetable.

A person must not use any pesticide in the cultivation of any plant unless

Any person who uses any pesticide in the cultivation of any plant must ensure that

A person who desires to be certified as a pesticide operator may make an application to the Director-General.

The Director-General may certify a person as a pesticide operator if the Director-General is satisfied that

Where a person is certified as a pesticide operator, the Director‑General must issue the person a certificate to that effect.

Every pesticide for use in the cultivation of any plant must be registered with the Director-General.

An application for registration under subsection (1) must be made in such manner and form and accompanied by such documents and particulars as may be required by the Director‑General.

The Director-General may establish one or more committees consisting of any persons that the Director‑General may appoint for the purpose of advising him or her on any matters arising out of any application for registration under this section as are referred to any such committee by the Director-General.

Where the Director-General receives an innovative pesticide application and confidential supporting information, the Director‑General, during the protected period in relation to that confidential supporting information

In this section and section 16, unless the context otherwise requires —

“application” means an application for registration of a pesticide under section 14;

“confidential information” includes

“confidential supporting information” means confidential information given

“Director-General” includes any public officer or officer of the Board or of any other statutory authority authorised under section 6 to carry out registration of pesticides under section 14;

“ingredient” includes a chemical or biological entity;

“innovative pesticide application” means in relation to an application made after 8 January 1999, an application that refers to an active ingredient

“protected period”, in relation to confidential supporting information relating to an innovative pesticide application received by the Director-General, means a period of 5 years from the date the innovative pesticide application is or was (as the case may be) received by the Director-General.

Despite section 15, the Director-General may, during the protected period in relation to confidential supporting information

The power to grant consent under subsection (1)(a)(i) may be exercised by a person other than the applicant mentioned in that subsection if

In this section, “WTO Country” means a country that is a party to the Agreement establishing the World Trade Organisation adopted at Marrakesh on 15 April 1994.

The Minister may by order prohibit, either absolutely or conditionally, the cultivation of any plant in Singapore.

An order made under subsection (1) may provide that a person must not cultivate any prohibited plant except under and in accordance with a permit issued by the Director-General.

Any prohibited plant cultivated in contravention of any order made under section 17 may be eradicated and destroyed by the Director-General or any person acting under his or her authority.

The cost of such eradication and destruction is recoverable from the owner or occupier of the land on which the prohibited plant was planted or permitted to grow or from the person who planted it, as a debt due to the Board.

For the purpose of ascertaining whether any pest is present on or in any land or premises, an authorised officer may, upon serving written notice under the hand of the Director-General on the owner or occupier of the land or premises and upon producing, if so requested, an identification card

The notice mentioned in subsection (1) must be served on the owner or occupier of the land or premises at least 6 hours before the time of intended entry of the land or premises.

If, as a result of any examination by an authorised officer under subsection (1), it appears to the authorised officer that any land or premises or plant is in a condition favourable to the introduction or spread of any pest or that any plant is diseased — the Director‑General may, by written notice under his or her hand addressed to the owner or occupier of the land or premises where that condition exists or where the plant is, direct the owner or occupier of the land or premises to take within a time to be stated in the notice such measures as may appear to the Director‑General necessary or expedient for

If the owner or occupier of any land or premises fails to comply with a notice under subsection (3) within the time stated for the performance of the acts required to be done, any authorised officer may

Nothing in subsection (4) affects the liability of any person to prosecution and punishment under subsection (7).

Any person who obstructs or hinders the Director-General or an authorised officer in the exercise of any of his or her powers under 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 3 years or to both.

Any owner or occupier of any land or premises who wilfully fails to comply with the notice under subsection (3) within the time stated 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.

Where the Director-General is of the opinion that any plant on any land is diseased, he or she may make an order placing the land or any part of the land in quarantine for any period that the order may prescribe.

So long as an order of quarantine applies to any land, a person must not remove any plant from the land except under and in accordance with the direction of an authorised officer.

Any land placed in quarantine under subsection (1) continues in quarantine until the Director-General certifies that no plant on the land is diseased.

Any owner or occupier of any land quarantined under section 22(1) may apply to an authorised officer to examine the quarantined area with a view to obtaining from the authorised officer the certificate referred to in section 22(3).

The authorised officer must, as soon as possible after receipt of such an application, visit and examine the quarantined area and may charge any fees that may be prescribed for such visit and examination.

If in the Director‑General’s opinion the destruction of any diseased plant is a matter of necessity and extreme urgency, he or she may forthwith make a written order directing the immediate destruction of the plant by any person mentioned in the order.

Such plant must be destroyed accordingly and the cost of the destruction, if incurred by any person other than the owner or occupier of the land where the diseased plant was, must be defrayed by the owner or occupier.

Where it appears to an authorised officer that any plant on any land is diseased and he or she is of the opinion that it is necessary for the prevention of the spread of any pest that the land be entirely cleared of cultivation or cleared of all cultivation of any particular species — the Director‑General may, with the approval of the Minister, by written notice addressed to the owner or occupier of the land where the plant is, direct the owner or occupier to fell and burn or otherwise destroy within a time to be stated in the notice and to the satisfaction of the authorised officer all cultivation or all cultivation of the species named in the notice.

The action directed by a notice under subsection (1) may be enforced in the manner provided by section 21(4) for the enforcement of the action directed by a notice under section 21(3).

If the owner or occupier of any land on whom a notice under subsection (1) has been served fails to comply with the notice, the owner or occupier of the land 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day during which the offence continues after conviction.

The Minister may by order prohibit, either absolutely or subject to such conditions as may be specified in the order, the export of any plant from Singapore to any country, territory or place.

An order under subsection (1) may specify that a person must not export any plant except under and in accordance with a permit issued by the Director-General.

Any authorised officer or accredited pest control agency may, on application and on such terms as the Director-General may require, issue a phytosanitary certificate stating that any plant or plant product is free from pests for the purpose of export.

Any person who wilfully

An application

On the receipt of an application under subsection (1), the Director-General may

Without limiting subsection (2), the Director-General may grant a licence under section 7 or 10 subject to such conditions as the Director-General thinks fit, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of any fresh fruits or vegetables.

Without limiting subsection (2), the Director-General may, in respect of an application for a licence under section 7 or a permit under section 8

Where the Director-General has refused to issue the licence or permit applied for, he or she must give the applicant written notice of the reasons for his or her refusal.

The Director-General may at any time vary or revoke any of the conditions imposed under subsection (2)(a) or impose new conditions.

Every licence or permit issued under this section

Subsections (1) to (7) apply, with the necessary modifications, to an application for the renewal of a licence under section 7 or 10 or a permit under section 17(1) or 28(1).

The Director-General may at any time revoke or suspend a licence or permit.

The Director-General must, before taking any action mentioned in subsection (1), notify the person concerned of his or her intention to take such action and must give the person concerned an opportunity to submit reasons why such action should not be taken against the person.

Where the Director-General has revoked or suspended a licence or permit under this Act, he or she must give written notice of the suspension or revocation to the person concerned.

Where a permit issued by the Director‑General pursuant to an order made under section 17 is revoked or has expired, the person issued with the permit must eradicate and destroy all or any of the prohibited plants planted or cultivated or maintained in pursuance thereof.

Any prohibited plant not eradicated and destroyed under subsection (4) is deemed to have been grown in contravention of section 17.

Any person who is aggrieved by

Despite the fact that any appeal under subsection (1) in respect of the suspension or revocation of a licence or permit is pending, such suspension or revocation, unless the Minister otherwise orders, takes effect from the date specified by the Director-General.

For the purpose of ascertaining whether any offence under this Act or any rules made under this Act has been or is being committed, any authorised officer may, on producing, if so requested, an identification card

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

A statement made by any person examined under subsection (1)(f) must

If any person fails to attend before an authorised officer as required by an order under subsection (1)(f), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.

The owner or occupier of any land, premises or conveyance must, if requested by an authorised officer, provide reasonable assistance to the authorised officer for the purpose of the exercise of his or her powers under this section and furnish any information relating to the land or premises which is reasonably required by the authorised officer for the purposes of the discharge of his or her duties under this Act.

A police officer may arrest without warrant any person who has committed or whom he or she reasonably suspects to have committed an offence under this Act or any rules made under this Act

A person arrested under this section may be detained until his or her name and address are correctly ascertained, except that a person must not be detained longer than is necessary for bringing him or her before a court.

Any person who obstructs or hinders any authorised officer in the exercise of any of his or her powers under this Act or any rules made under this Act 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 3 years or to both.

A person

Any authorised officer may, where he or she considers it necessary for the purposes of identification, label permanently or temporarily, any consignment of plants or plant products.

Any person who wilfully counterfeits, alters, defaces, erases or removes any such label 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 3 years or to both.

An authorised officer may, for the purposes of ascertaining the presence of prohibited pesticide residue and the levels of pesticide residue or toxic chemical residue contained in any fresh fruit or vegetable

A report of the result of an analysis which is signed by an authorised analyst is admissible in evidence in any proceedings under this Act or any rules made under this Act and, in the absence of evidence to the contrary, is proof of the matters stated in the report.

Where any sample of fresh fruits or vegetables is determined by an authorised analyst to contain any prohibited pesticide residue, or any pesticide residue or toxic chemical residue exceeding the prescribed levels, the Director-General may, in his or her discretion, cause the whole lot of fresh fruits or vegetables from which the sample is taken, to be

The cost of, and all expenses incurred in, the re-exporting, returning, treatment or disposal under subsection (1) must be defrayed by the owner, grower or importer of the fresh fruits or vegetables.

Where any person is convicted of any offence under this Act or any rules made under this Act, the court may order that any article seized under this Act or any rules made under this Act or in respect of which the offence was committed, be forfeited to the Board.

Where a person who is charged for an offence under this Act or any rules made under this Act is acquitted, the court may order any article seized under this Act or any rules made under this Act to be released to the person from whom the article was seized.

Where the owner of the article cannot be ascertained, the Board may confiscate the article seized.

Every article so forfeited to the Board must be disposed of in any manner that the Board thinks fit.

Where under this Act or any rules made under this Act any notice, order or document is required or authorised to be served on any person, it may be served by

Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises without further name or description.

The Director-General may compound any offence under this Act or any rules made under this Act which is prescribed as an offence which may be compounded by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.

The Minister may prescribe the offences which may be compounded.

Where an offence is compounded under this Act or any rules made under this Act, any article seized must be forfeited to the Board.

All composition sums collected under this section must be paid into the Consolidated Fund.

The Minister may make rules for or with respect to any matter which may be necessary or expedient for carrying out the provisions of this Act.

Without limiting subsection (1), rules may be made

The Minister may, in any rules made under this Act, provide that any contravention of or failure to comply with any provision in the rules shall be an offence and may prescribe a penalty for any such offence of a fine not exceeding $10,000 or imprisonment for a term not exceeding 3 years or both.