# legal_provisions

document_id: fsma-2022
provision_ref: s159
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 159
title: Powers of auditor appointed by Authority
content:
159. —(1) An auditor appointed by the Authority under section 158(2) may, for the purpose of carrying out an examination or audit — ( a ) examine, on oath or affirmation, any officer or employee of the licensee or any other auditor of the licensee; ( b ) require any officer or employee of the licensee, or any other auditor of the licensee, to produce any books held by or on behalf of the licensee relating to the licensee’s business; ( c ) make copies of or take extracts from, or retain possession of, any books mentioned in paragraph ( b ) for such period as may be necessary to enable those books to be inspected; ( d ) employ such persons as the auditor considers necessary to assist the auditor in carrying out the examination or audit; and ( e ) authorise in writing any person employed by the auditor to do, in relation to the examination or audit, any act or thing that the auditor could do as an auditor under this subsection, other than the examination of a person on oath or affirmation. (2) An individual who, without reasonable excuse — ( a ) refuses or fails to answer any question put to the individual; or ( b ) fails to comply with any request made to the individual, by an auditor appointed under section 158(2) or a person authorised under subsection (1)( e ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $12,500 or to imprisonment for a term not exceeding 12 months or to both.


document_id: fsma-2022
provision_ref: s160
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 160
title: Restriction on auditor’s and employee’s right to communicate certain matters
content:
160. —(1) Except as may be necessary for the carrying into effect of the provisions of this Part or so far as may be required for the purposes of any legal proceedings, whether civil or criminal — ( a ) an auditor appointed under section 158(1) or (2); or ( b ) any employee of such auditor, must not disclose any information that comes to the auditor’s or employee’s knowledge in the course of performing the auditor’s or employee’s duties, to any person other than the Authority or, in the case of an employee of such auditor, the auditor. (2) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of the auditor, to a fine not exceeding $25,000; or ( b ) in the case of the employee, to a fine not exceeding $12,500.


document_id: fsma-2022
provision_ref: s161
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 161
title: Offence to destroy, conceal, alter, etc., records
content:
161. —(1) An individual who, with intent to prevent, delay or obstruct the carrying out of any examination or audit under section 158 or 159 — ( a ) destroys, conceals or alters any book relating to the business of a licensee; or ( b ) sends, or conspires with any other person to send, out of Singapore any book or asset of any description belonging to, in the possession of or under the control of the licensee, 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 2 years or to both. (2) If, in any proceedings for an offence under subsection (1), it is proved that the individual charged with the offence — ( a ) destroyed, concealed or altered any book mentioned in subsection (1)( a ); or ( b ) sent, or conspired to send, out of Singapore any book or asset mentioned in subsection (1)( b ), the onus of proving that, in so doing, the individual did not act with intent to prevent, delay or obstruct the carrying out of an examination or audit under section 158 or 159 lies on the individual. Division 3 &#x2014; Offences


document_id: fsma-2022
provision_ref: s162
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 162
title: Falsification of records by officers, etc.
content:
162. —(1) An officer, auditor, employee or agent of a licensee who — ( a ) wilfully makes, or causes to be made, a false entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of the licensee; ( b ) wilfully omits to make an entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of the licensee, or wilfully causes any such entry to be omitted; or ( c ) wilfully alters, extracts, conceals or destroys an entry in any book, or in any report, slip, document or statement of the business, affairs, transactions, conditions or assets of the licensee, or wilfully causes any such entry to be altered, extracted, concealed or destroyed, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both. (2) In this section, “officer” includes a person purporting to act in the capacity of an officer.


document_id: fsma-2022
provision_ref: s163
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 163
title: General penalty
content:
163. A person guilty of an offence under this Part for which no penalty is expressly provided shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000; or ( b ) in any other case, to a fine not exceeding $100,000. Division 4 &#x2014; Miscellaneous


document_id: fsma-2022
provision_ref: s164
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 164
title: Power of court to make certain orders
content:
164. —(1) Where, on an application of the Authority, it appears to the court that a person — ( a ) has committed an offence under this Part; or ( b ) is about to do an act that, if done, would be an offence under this Part, the court may (without prejudice to any other order it may make) make one or more of the orders under subsection (2). (2) The orders mentioned in subsection (1) are — ( a ) in the case of a persistent or continuing contravention of a provision of this Part, an order restraining a person from — (i) carrying on a business of providing digital token services; or (ii) holding himself, herself or itself out as a licensee; ( b ) for the purpose of securing compliance with any order made under this section, an order directing a person to do or refrain from doing any specified act; and ( c ) any ancillary order the court considers to be desirable as a result of making any other order under this section. (3) The court may, before making an order under subsection (2), direct that notice of the application be given to such person as it thinks fit or that notice of the application be published in such manner as it thinks fit, or both. (4) A person that, without reasonable excuse, contravenes an order made under subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $100,000. (5) Subject to subsection (6), subsection (4) does not affect the powers of the court in relation to the punishment of contempt of court. (6) A person cannot be punished for contempt of court in respect of any contravention of an order made under subsection (2), for which the person has been convicted of an offence under subsection (4). (7) A person cannot be convicted of an offence under subsection (4) in respect of any contravention of an order made under subsection (2) that has been punished as a contempt of court. (8) The court may rescind, vary or discharge, or suspend the operation of, an order made by the court under this section.


document_id: fsma-2022
provision_ref: s165
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 165
title: Codes, guidelines, etc., by Authority
content:
165. —(1) The Authority may issue and publish by notification in the Gazette or in any other manner the Authority considers appropriate, such codes, guidelines, policy statements, practice notes and no‑action letters as the Authority considers appropriate for providing guidance — ( a ) in furtherance of the Authority’s regulatory objectives under this Part; ( b ) in relation to any matter relating to any of the Authority’s functions under this Part; or ( c ) in relation to the operation of any of the provisions of this Part. (2) The Authority may, at any time, amend or revoke the whole or any part of any code, guideline, policy statement, practice note or no‑action letter issued under this section. (3) Where amendments are made under subsection (2) — ( a ) the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the code, guideline, policy statement, practice note or no‑action letter; and ( b ) any reference in this Part or any other written law to the code, guideline, policy statement, practice note or no‑action letter, however expressed, is (unless the context otherwise requires) a reference to the code, guideline, policy statement, practice note or no‑action letter as so amended. (4) Any failure by a person to comply with any provision of a code, guideline, policy statement or practice note issued under this section to the person does not of itself render that person liable to criminal proceedings, but any such failure may, in any proceedings, whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or negate any liability that is in question in the proceedings. (5) The issue by the Authority of a no‑action letter does not of itself prevent the institution of any proceedings against any person for the contravention of any provision of this Part. (6) Any code, guideline, policy statement or practice note issued under this section may be of general or specific application, and may specify that different provisions of such code, guideline, policy statement or practice note apply to different circumstances or provide for different cases or classes of cases. (7) To avoid doubt, any code, guideline, policy statement, practice note or no‑action letter issued under this section is not to be treated as subsidiary legislation. (8) In this section, “no-action letter” means a letter written by the Authority to a person to the effect that, if the facts are as represented by the person, the Authority will not institute proceedings against the person in respect of a particular state of affairs or particular conduct.


document_id: fsma-2022
provision_ref: s166
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 166
title: Power of Authority to issue written notice
content:
166. —(1) The Authority may, if the Authority thinks it necessary or expedient for the effective administration of this Part, for the protection of consumers or in the interest of the public or a section of the public, issue to any of the following persons or classes of persons a written notice, either of a general or a specific nature, to comply with such requirements as the Authority may specify in the notice: ( a ) any licensee or class of licensees; ( b ) any person, or class of persons, exempt under section 189; ( c ) any person that contravenes, has contravened, or is likely to contravene, any provision of this Part. (2) Without limiting subsection (1), a notice may be issued — ( a ) with respect to — (i) the activities that may be carried out by a licensee or a person exempt under section 189, in relation to its business; (ii) the standards, framework, policies and procedures for the prudent management of risks (including information technology risks) by a licensee or a person exempt under section 189; (iii) the financial soundness, financial management and stability of a licensee or a person exempt under section 189; (iv) the standards to be maintained by a licensee or a person exempt under section 189, in the conduct of its business; (v) the arrangement and conditions that are to apply if a licensee or a person exempt under section 189, appoints any person as an independent contractor to carry out the functions and duties of the licensee or person exempt under section 189, as the case may be; (vi) the type, form, manner and frequency of returns and other information to be submitted to the Authority; (vii) the preparation and publication of reports on the performance of a licensee or a person exempt under section 189; (viii) the remuneration of an auditor appointed under this Part and the costs of an audit carried out under this Part; (ix) the collection by or on behalf of the Authority of information from a licensee or a person exempt under section 189, in relation to the conduct of its business at such intervals or on such occasions as may be set out in the notice; (x) the manner in which a licensee or a person exempt under section 189, deals with its customers, and any conflicts of interests between the licensee or person exempt under section 189 (as the case may be) and its customers; (xi) the display or exhibition by a licensee or a person exempt under section 189, of such cautionary statements as the Authority thinks fit in a conspicuous place at every place of business or website of the licensee, or person exempt under section 189; and (xii) the provision by a licensee or a person exempt under section 189, of cautionary statements in writing to the customers or prospective customers of the licensee or person exempt under section 189; ( b ) to require any person that contravenes, has contravened, or is likely to contravene any provision of this Part — (i) to comply with, or to cease contravening, that provision; (ii) to take any action necessary to enable the person to conduct the person’s business in accordance with sound principles; and (iii) where the person is a company or a VCC, to remove any of its directors; and ( c ) for any other purpose specified in this Part. (3) It is not necessary to publish any written notice issued under subsection (1) or under any other provision of this Part in the Gazette . (4) The Authority may at any time vary, rescind or revoke any notice issued under subsection (1). (5) A person that fails to comply with any requirement specified in a notice issued under subsection (1) shall (if the failure to comply with that requirement is not itself an offence under any other provision of this Part) be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: fsma-2022
provision_ref: s167
chapter: PART 9 - DIGITAL TOKEN SERVICE PROVIDERS
section: 167
title: Power of Authority to make regulations
content:
167. —(1) Regulations may be made under section 192 for or with respect to — ( a ) the fees to be paid in respect of any matter or thing required for the purposes of this Part, and the refund or remission of the whole or any part of any such fees; ( b ) the granting, lapsing, surrender, revocation or suspension of a licence, and all incidental matters; ( c ) the requirements which a licensee or person exempt under section 189 must comply with when ceasing or intending to cease the provision of a digital token service and all incidental matters; ( d ) the requirements which a licensee or a person exempt under section 189 must comply with to ensure proper corporate governance of the licensee or person; ( e ) the requirements applicable to a licensee or person exempt under section 189, including requirements in relation to the fitness and propriety of the licensee, the person exempt under section 189, or the chief executive officer or equivalent person of the licensee or person exempt under section 189, as the case may be; ( f ) the rules for the use of the electronic service mentioned in section 187; and ( g ) the procedure to be applied where there is a breakdown or an interruption of the electronic service mentioned in section 187. (2) Regulations mentioned in subsection (1) may relate to all, or any class, category or description of persons or digital token services, and may make different provisions for different classes, categories or descriptions of persons or digital token services or to a particular person or digital token service.


document_id: fsma-2022
provision_ref: s168
chapter: PART 10 - INSPECTION POWERS OF AUTHORITY
section: 168
title: Interpretation of this Part
content:
168. In this Part, unless the context otherwise requires — “book” has the meaning given by section 17; “licensee” has the meaning given by section 136(1); “prescribed financial institution” has the meaning given by section 28B; [Act 19 of 2023 wef 01/04/2024] “relevant person” means a person mentioned in section 169(1)( a ), ( ba ), ( c ), ( e ) or ( f ). [Act 19 of 2023 wef 01/04/2024]


document_id: fsma-2022
provision_ref: s169
chapter: PART 10 - INSPECTION POWERS OF AUTHORITY
section: 169
title: Inspection by Authority
content:
169. —(1) The Authority may from time to time inspect, under conditions of secrecy, the books of any of the following persons: ( a ) a financial institution, for the purpose of determining the extent of compliance by the financial institution with the directions issued under, and the regulations mentioned in, sections 15(1) and 16(1); ( b ) any subsidiary, branch, agency or office outside Singapore of a financial institution incorporated or established in Singapore, for the purpose of determining the extent of compliance by the financial institution with the directions issued under, and the regulations mentioned in, sections 15(1) and 16(1); ( ba ) a prescribed financial institution ( A ) — (i) where A requests risk information from another prescribed financial institution purportedly under section 28D, for the purpose of — (A) determining whether the request falls within section 28D(1); or (B) determining whether A has complied with section 28D(2) or (3); (ii) where a prescribed financial institution requests risk information from A under section 28D, for the purpose of determining whether A has complied with section 28D(6) or (7); (iii) where A discloses to another prescribed financial institution any risk information purportedly under section 28E, for the purpose of — (A) determining whether the disclosure falls within section 28E(1); or (B) determining whether A has complied with section 28E(2); (iv) where A publishes risk information purportedly under section 28F, for the purpose of — (A) determining whether all the conditions mentioned in section 28F(1) have been satisfied; or (B) determining whether A has complied with section 28F(2); (v) for the purpose of determining whether A has made any false or misleading disclosure, publication or correction in contravention of section 28J; or (vi) for the purpose of determining whether A has complied with section 28G(2), 28K(1) or 28N(2) or a requirement of a written notice issued under section 28H; [Act 19 of 2023 wef 01/04/2024] ( c ) a financial institution, for the purpose of determining the extent of compliance by the financial institution with the directions issued under, and the regulations mentioned in, section 29(1); ( d ) any subsidiary, branch, agency or office outside Singapore of a financial institution incorporated or established in Singapore, for the purpose of determining the extent of compliance by the financial institution with the directions issued under, and the regulations mentioned in, section 29(1); ( e ) a licensee, for a purpose other than the purpose mentioned in sub‑paragraph ( a ) or ( c ); ( f ) a person exempt under section 189, for a purpose other than the purpose mentioned in sub‑paragraph ( a ) or ( c ). (2) The Authority may appoint any person, including an auditor (not being an auditor of the relevant person), to carry out an inspection under this section. (3) If the inspection is carried out on the ground that the Authority has reason to believe that — ( a ) the financial institution has contravened or is contravening any direction issued under, or regulations mentioned in, section 15, 16 or 29; ( b ) the licensee has contravened or is contravening any provision of Part 9; or ( c ) the person exempt under section 189 has contravened or is contravening any provision of Part 9, and if the Authority so directs, then the financial institution, licensee or person exempt under section 189 (as the case may be) is liable to pay for the remuneration and expenses of any person appointed under subsection (2) for the inspection. (4) The Authority may recover from the relevant person the remuneration and expenses referred to in subsection (3) as a civil debt due to the Authority. (5) The Authority may waive the payment of all or any part of the remuneration and expenses referred to in subsection (3). (6) Where, in the course of an inspection under subsection (1), the Authority obtains any protected information as defined in section 17(1), and that information is not necessary for taking any action regarding — ( a ) non-compliance with any direction issued under, or regulations mentioned in, section 15 or 16; ( aa ) non-compliance with any provision in Part 4A; [Act 19 of 2023 wef 01/04/2024] ( b ) non-compliance with any direction issued under, or regulations mentioned in, section 29; or ( c ) non-compliance with any provision in Part 9, then the Authority must treat that information as secret. (7) Subsection (6) does not prevent the transmission under section 20, 22, 25 or 172 by the Authority of any information to any authority referred to in the applicable section.


document_id: fsma-2022
provision_ref: s170
chapter: PART 10 - INSPECTION POWERS OF AUTHORITY
section: 170
title: Obligation of relevant person under inspection, etc.
content:
170. —(1) For the purposes of an inspection under section 169(1), a relevant person must — ( a ) give the Authority access to such of the books of the relevant person as the Authority may reasonably require to conduct the inspection; ( b ) procure any other person who is in possession of such of the books of the relevant person as the Authority may reasonably require to conduct the inspection, to give the Authority access to the books; ( c ) provide such information (including information relating to the internal control systems of the relevant person) and facilities as the Authority may reasonably require to conduct the inspection; and ( d ) procure any other person who is in possession of such information (including information relating to the internal control systems of the relevant person) and facilities as the Authority may reasonably require to conduct the inspection, to provide the information and facilities to the Authority. (2) Subsection (1) has effect despite any obligation of confidentiality or other restrictions on the disclosure of information imposed on the relevant person or any of its officers, or on any person referred to in subsection (1)( b ) or ( d ), by any prescribed written law as defined in section 17(1) or any requirement imposed under any such written law, any rule of law, any contract or any rule of professional conduct. (3) A relevant person that, without reasonable excuse, refuses or neglects to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (4) No civil or criminal liability is incurred by a relevant person or any of its officers, or by any person referred to in subsection (1)( b ) or ( d ), in respect of any obligation or restriction referred to in subsection (2), for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with subsection (1). (5) A relevant person, or any of its officers, or any person referred to in subsection (1)( b ) or ( d ), that, with reasonable care and in good faith, does or omits to do any act for the purpose of complying with subsection (1) is not to be treated as being in breach of any obligation or restriction referred to in subsection (2). (6) For the purposes of an inspection under section 169(1), the Authority may — ( a ) make copies of, or take possession of, any such books; ( b ) use, or permit the use of, any such books for the purposes of any proceedings under this Act; and ( c ) subject to subsection (8), retain possession of any such books for so long as is necessary — (i) for the purposes of exercising a power conferred by this section; (ii) for a decision to be made on whether or not proceedings should be commenced under this Act in relation to such books; or (iii) for such proceedings to be commenced and carried on. (7) A person is not entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise prejudiced. (8) While the books are in the possession of the Authority, the Authority — ( a ) must permit another person to inspect at all reasonable times such (if any) of the books as the other person would be entitled to inspect if they were not in the possession of the Authority; and ( b ) may permit another person to inspect any of the books. (9) The Authority may require a person that produced any book to the Authority to explain, to the best of the person’s knowledge and belief, any matter about the compilation of the book or to which the book relates. (10) A person that, without reasonable excuse, fails to comply with a requirement of the Authority under subsection (9) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: fsma-2022
provision_ref: s171
chapter: PART 10 - INSPECTION POWERS OF AUTHORITY
section: 171
title: Confidentiality of inspection reports
content:
171. —(1) Except as provided in subsection (2), where a written report has been produced in respect of a relevant person by the Authority following an inspection under section 169(1), the report must not be disclosed to any other person by — ( a ) the relevant person; or ( b ) any officer or auditor of the relevant person. (2) Disclosure of the report may be made — ( a ) by the relevant person to any officer or auditor of that relevant person solely in connection with the performance of the duties of the officer or auditor (as the case may be) in that relevant person; ( b ) by any officer or auditor of the relevant person to any other officer or auditor of that relevant person, solely in connection with the performance of their respective duties in that relevant person; or ( c ) to such other person as the Authority may approve in writing. (3) In granting approval for any disclosure under subsection (2)( c ), the Authority may impose such conditions or restrictions as the Authority thinks fit on the relevant person, any officer or auditor of that relevant person or the person to whom disclosure is approved, and that relevant person, officer, auditor or person (as the case may be) must comply with those conditions or restrictions. (4) The obligations of an officer or auditor under subsections (1) and (3) continue after the termination or cessation of the employment or appointment of the officer or auditor by the relevant person. (5) A person who contravenes subsection (1), or fails to comply with any condition or restriction imposed by the Authority under subsection (3), shall be guilty of an offence and shall be liable on conviction — ( a ) in any case where the person is an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $250,000. (6) Any person to whom the report is disclosed and who knows or has reasonable grounds for believing, at the time of the disclosure, that the report was disclosed to the person in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in any case where the person is an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $250,000. (7) Where a person is charged with an offence under subsection (6), it is a defence for the person to prove that — ( a ) the disclosure was made contrary to the person’s desire; ( b ) where the disclosure was made in any written or printed form — the person had as soon as practicable after receiving the report surrendered, or taken all reasonable steps to surrender, the report and all copies of the report to the Authority; and ( c ) where the disclosure was made in an electronic form — the person had, as soon as practicable after receiving the report, taken all reasonable steps to ensure the deletion of all electronic copies of the report and the surrender of the report and all copies of the report in other forms to the Authority.


document_id: fsma-2022
provision_ref: s172
chapter: PART 10 - INSPECTION POWERS OF AUTHORITY
section: 172
title: Authority may transmit information from inspection to corresponding authority
content:
172. —(1) The Authority or any person authorised by the Authority may, on the Authority’s own motion, and subject to the satisfaction of such conditions as the Authority may determine, transmit any information obtained by the Authority from an inspection under section 169(1) to a corresponding authority as defined in section 17(1) of a foreign country that exercises consolidated supervision authority (whether or not for compliance with any AML/CFT requirement as defined in section 17(1)) over the relevant person to which the inspection relates. (2) Subsection (1) applies despite the provisions of any prescribed written law as defined in section 17(1) or any requirement imposed under any such written law, any rule of law, any contract or any rule of professional conduct, and does not affect section 25 or any other written law or rule of law authorising the Authority, or a person authorised by the Authority, to disclose information in the Authority’s or the person’s possession to another person.


document_id: fsma-2022
provision_ref: s173
chapter: PART 10 - INSPECTION POWERS OF AUTHORITY
section: 173
title: Self-incrimination
content:
173. —(1) A person is not excused from disclosing information to the Authority pursuant to a requirement made of the person under this Part on the grounds that the disclosure of the information might tend to incriminate the person. (2) Where a person claims, before making a statement disclosing information that the person is required to disclose by such requirement, that the statement might tend to incriminate the person, that statement is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under section 176(4).


document_id: fsma-2022
provision_ref: s173A
chapter: PART 10A - INVESTIGATIONS
section: 173A
title: Interpretation of this Part
content:
173A. In this Part — “advocate and solicitor” means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section 2(1) of the Legal Profession Act 1966; “auditor” means a public accountant who is registered or deemed to be registered under the Accountants Act 2004; “book” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any other electronic form or otherwise; “computer” and “data” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “legal counsel” has the meaning given by section 3(7) of the Evidence Act 1893; “officer” — ( a ) in relation to the Authority, includes any person employed by the Authority in an executive capacity; and ( b ) in relation to any corporation (other than a law enforcement agency), has the meaning given by section 4(1) of the Companies Act 1967; “prescribed written law” means this Act or any of the following Acts, and any subsidiary legislation made under this Act or those Acts: ( a ) Banking Act 1970; ( b ) Credit Bureau Act 2016; ( c ) Deposit Insurance and Policy Owners’ Protection Schemes Act 2011; ( d ) Finance Companies Act 1967; ( e ) Financial Advisers Act 2001; ( f ) Financial Holding Companies Act 2013; ( g ) Insurance Act 1966; ( h ) Monetary Authority of Singapore Act 1970; ( i ) Payment Services Act 2019; ( j ) Securities and Futures Act 2001; ( k ) Trust Companies Act 2005; ( l ) such other Act as the Authority may prescribe by regulations made under section 192. [Act 12 of 2024 wef 24/01/2025] Division 2 &#x2014; Investigative powers of Authority Subdivision (1) &#x2014; General


document_id: fsma-2022
provision_ref: s173B
chapter: PART 10A - INVESTIGATIONS
section: 173B
title: Investigation by Authority
content:
173B. —(1) The Authority may conduct such investigation as it considers necessary or expedient for any of the following purposes: ( a ) to perform any of its functions and duties under this Act; ( b ) to ensure compliance with this Act or any written direction issued under this Act; ( c ) to investigate an alleged or suspected contravention of any provision of this Act or any written direction issued under this Act. (2) The Authority may exercise any of its powers under this Division for the purposes of conducting an investigation under subsection (1) despite the provisions of any prescribed written law or any requirement imposed thereunder or any rule of law. (3) Subject to subsection (5), a requirement imposed by the Authority under this Division has effect despite any obligations as to secrecy or other restrictions upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct. (4) Subject to subsection (5), any person who complies with a requirement imposed by the Authority under this Division is not treated as being in breach of any restriction upon the disclosure of information or thing imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct. (5) Nothing in this section requires a person to disclose any information subject to legal privilege. (6) No civil or criminal action, other than proceedings for an offence under section 173R, shall lie against any person — ( a ) for giving assistance to the Authority, including answering questions, if the person had given the assistance or answered the questions in good faith in compliance with a requirement imposed by the Authority under this Division; ( b ) for providing information, producing books or giving access to data to the Authority, if the person had done so in good faith in compliance with a requirement imposed by the Authority under this Division; or ( c ) for doing or omitting to do any act, if the person had done or omitted to do the act in good faith and as a result of complying with a requirement imposed by the Authority under this Division. (7) In this section, a reference to a requirement imposed by the Authority under this Division includes a reference to a requirement imposed by an investigator or authorised person under Subdivision (2) or (3). [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173C
chapter: PART 10A - INVESTIGATIONS
section: 173C
title: Confidentiality of investigation reports
content:
173C. —(1) Where a written report or any part of a written report (called in this section the report) has been produced by the Authority in respect of any investigation under section 173B and is provided by the Authority to the person under investigation (called in this section the investigated person), the report must not be disclosed by the investigated person or, if the investigated person is a corporation, by any of its officers or auditors, to any other person except in the circumstances provided under subsection (2). (2) Disclosure of the report mentioned in subsection (1) may be made — ( a ) by the investigated person to any officer or auditor of that investigated person solely in connection with the performance of the duties of the officer or auditor (as the case may be) in that investigated person; ( b ) by any officer or auditor of the investigated person to any other officer or auditor of that investigated person, solely in connection with the performance of their duties in that investigated person; or ( c ) to such other person as the Authority may approve in writing. (3) In granting written approval for any disclosure under subsection (2)( c ), the Authority may impose such conditions or restrictions as it thinks fit on the investigated person, any of its officers or auditors or the person to whom disclosure is approved, and that person must comply with such conditions or restrictions. (4) The obligation on an officer or auditor mentioned in subsection (1) continues after the termination or cessation of his or her employment or appointment by the investigated person. (5) Any person who contravenes subsection (1) or (3) 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 2 years or to both. (6) Any person to whom the report is disclosed and who knows or has reasonable grounds for believing, at the time of the disclosure, that the report was disclosed to the person in contravention of 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 2 years or to both, unless the person proves that — ( a ) the disclosure was made contrary to the person’s desire; ( b ) where the disclosure was made in any written or printed form, the person had, as soon as practicable after receiving the report, surrendered or taken all reasonable steps to surrender the report and all copies of the report to the Authority; and ( c ) where the disclosure was made in an electronic form, the person had, as soon as practicable after receiving the report, taken all reasonable steps to ensure that all electronic copies of the report had been deleted and that the report and all copies of the report in other forms had been surrendered to the Authority. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173D
chapter: PART 10A - INVESTIGATIONS
section: 173D
title: Self-incrimination and saving for advocates and solicitors
content:
173D. —(1) A person is not excused from disclosing information to the Authority, or an investigator or authorised person mentioned in Subdivision (2) or (3), pursuant to a requirement made of the person under any provision of this Division, on the ground that the disclosure of the information might tend to incriminate the person. (2) Where a person claims, before making a statement disclosing information that the person is required to disclose under any provision of this Division to the Authority or to an investigator or authorised person mentioned in Subdivision (2) or (3), that the statement might tend to incriminate the person, that statement is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under section 173R(4). (3) For the purposes of any proceedings for an offence under this Act, the making of a statement by an accused person made pursuant to a requirement mentioned in subsection (1), is not to be regarded under section 258(3) of the Criminal Procedure Code 2010 as caused by any inducement, threat or promise merely because the Authority, investigator or authorised person had earlier informed the accused person that the accused person was not excused from disclosing information on the ground that the disclosure of the information might tend to incriminate the accused person, if the Authority, investigator or authorised person (as the case may be) believed in good faith, when so informing the accused person, that — ( a ) the accused person was concerned in an offence under this Act; or ( b ) a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused person was concerned in an offence under this Act. (4) Nothing in this Division — ( a ) compels an advocate and solicitor or legal counsel to disclose or produce a privileged communication, or a book or other material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; or ( b ) authorises the taking of any such book or other material which is in the possession of an advocate and solicitor or legal counsel. (5) Despite subsection (4), an advocate and solicitor or legal counsel — ( a ) who is required under this Division to disclose or produce a privileged communication, or a book or other material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; and ( b ) who refuses to disclose or produce the privileged communication, book or other material, must give the name and address (if he or she knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made. [Act 12 of 2024 wef 24/01/2025] Subdivision (2) &#x2014; Examination of persons


document_id: fsma-2022
provision_ref: s173E
chapter: PART 10A - INVESTIGATIONS
section: 173E
title: Requirement to appear for examination
content:
173E. —(1) For the purpose of an investigation under this Division, the Authority may, in writing, require a person — ( a ) to give to the Authority all reasonable assistance in connection with the investigation; and ( b ) to appear before an officer of the Authority duly authorised by the Authority for examination and to answer questions. (2) A written requirement imposed under subsection (1) must state the general nature of the matter mentioned in that subsection. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173F
chapter: PART 10A - INVESTIGATIONS
section: 173F
title: Proceedings at examination
content:
173F. The provisions of this Subdivision apply where, pursuant to a requirement made under section 173E for the purposes of an investigation under this Division, a person (called in this Subdivision the examinee) appears before another person (called in this Subdivision the investigator) for examination. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173G
chapter: PART 10A - INVESTIGATIONS
section: 173G
title: Requirements made of examinee
content:
173G. —(1) The investigator may examine the examinee on oath or affirmation, and may, for that purpose, administer an oath or affirmation to the examinee. (2) The oath or affirmation to be taken or made by the examinee for the purposes of the examination is an oath or affirmation that the statements that the examinee will make are true. (3) The investigator may require the examinee to answer a question that is put to the examinee at the examination and is relevant to a matter that the Authority is investigating, or is to investigate, under this Division. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173H
chapter: PART 10A - INVESTIGATIONS
section: 173H
title: Examination to take place in private
content:
173H. —(1) The examination must take place in private and the investigator may give directions as to who may be present during the examination or part thereof. (2) A person must not be present at the examination unless the person is — ( a ) the investigator or the examinee; ( b ) a person approved by the Authority; or ( c ) entitled to be present by virtue of a direction under subsection (1). [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173I
chapter: PART 10A - INVESTIGATIONS
section: 173I
title: Record of examination
content:
173I. —(1) The investigator may, and must if the examinee so requests, cause a record to be made of statements made at the examination. (2) If a record made under subsection (1) is in writing or is reduced to writing — ( a ) the investigator may require the examinee to read the record, or to have it read to the examinee, and may require the examinee to sign it; and ( b ) the investigator must, if requested in writing by the examinee to give to the examinee a copy of the written record, provide a copy of the written record without charge within a reasonable time, subject to such conditions as the investigator may impose. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173J
chapter: PART 10A - INVESTIGATIONS
section: 173J
title: Giving copies of record to other persons
content:
173J. —(1) The Authority may, subject to such conditions or restrictions as it may impose, give a copy of a written record of the examintion, or such a copy together with a copy of any related book, to an advocate and solicitor acting on behalf of a person who is carrying on, or is contemplating in good faith, a legal proceeding in respect of a matter to which the examination relates. (2) If the Authority gives a copy of a written record or book to a person under subsection (1), the person, or any other person who has possession, custody or control of the copy or a further copy of the copy, must not, except in connection with preparing, beginning or carrying on, or in the course of, any legal proceeding — ( a ) use the copy or a further copy of the copy; or ( b ) publish, or communicate to a person, the copy, a further copy of the copy, or any part of the contents of the copy. (3) The Authority may, subject to such conditions or restrictions as it may impose, give to a person other than a person mentioned in subsection (1), a copy of a written record of the examination, or the copy together with a copy of any related book. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173K
chapter: PART 10A - INVESTIGATIONS
section: 173K
title: Copies given subject to conditions
content:
173K. If a copy of any written record or book is given to a person under section 173I(2) or 173J(1) or (3) subject to conditions or restrictions imposed by the investigator or the Authority (as the case may be), the person, and any other person who has possession, custody or control of the copy or the further copy of the copy, must comply with the conditions or restrictions. [Act 12 of 2024 wef 24/01/2025] Subdivision (3) &#x2014; Powers to obtain information


document_id: fsma-2022
provision_ref: s173L
chapter: PART 10A - INVESTIGATIONS
section: 173L
title:
Power of Authority to order production of books, provision of information or giving of access to data

content:
173L. For the purpose of an investigation under this Division, the Authority may, in writing, require — ( a ) a person who is believed to possess, or to have power to access, any book, or who is believed to possess any information, relating to any matter under investigation; or ( b ) a person who is believed to have power to access any data relating to any matter under investigation, to — ( c ) produce the book or a copy of the book, or to provide the information, at the time and place specified in the written requirement; ( d ) give the Authority or any officer of the Authority who is authorised by the Authority for this purpose (called in this section an investigator) access to the book or data; or ( e ) provide such reasonable assistance as the Authority or an investigator may require for the purposes of accessing the book or data. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173M
chapter: PART 10A - INVESTIGATIONS
section: 173M
title: Power to enter premises without warrant
content:
173M. —(1) In connection with an investigation under this Division, any officer of the Authority who is authorised by the Authority to do so (called in this section an investigator) and such other officers or persons as the Authority has authorised in writing to accompany the investigator (each called in this section an authorised person) may enter any premises. (2) An investigator or authorised person accompanying the investigator must not enter any premises in the exercise of the powers under this section unless the investigator has given the occupier of the premises a written notice which — ( a ) gives at least 2 working days’ notice of the intended entry; ( b ) indicates the subject matter and purpose of the investigation; and ( c ) indicates the nature of the offences investigated. (3) Subsection (2) does not apply — ( a ) if the investigation relates to an alleged or suspected contravention of any provision of this Act and the investigator has reasonable grounds for suspecting that the premises are, or have been, occupied by a person who is being investigated in relation to the contravention; or ( b ) if the investigator has taken all such steps as are reasonably practicable to give notice under subsection (2)( a ) but has not been able to do so. (4) Where subsection (3) applies, the power of entry conferred by subsection (1) may only be exercised upon production of — ( a ) evidence of the investigator’s authorisation and the authorisation of every authorised person accompanying the investigator; and ( b ) a document containing information indicating the subject matter and purpose of the investigation and the nature of the offences investigated. (5) Without affecting section 173L, an investigator or authorised person entering any premises under this section may — ( a ) bring with him or her to the premises such items as appear to him or her to be necessary; ( b ) require any person on the premises to produce any book or copy of any book or to give access to any data which the investigator or authorised person considers relates to any matter relevant to the investigation; ( c ) require any person on the premises to state, to the best of the person’s knowledge and belief, where any such book or data is to be found; and ( d ) take any step, or issue to any person on the premises any requirement, which appears to be necessary for the purpose of preserving or preventing interference with any such book or data. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173N
chapter: PART 10A - INVESTIGATIONS
section: 173N
title: Warrant to seize books, etc.
content:
173N. —(1) A Magistrate may, on the application of the Authority — ( a ) issue a warrant, if the Magistrate is satisfied that there are reasonable grounds to suspect that there is, on any particular premises, any book, or a computer in which any data is contained or to which any data is available — (i) being any book or data the production of which, or access to which, has been required under section 173L or 173M, but which has not been produced, or access to which has not been given, in compliance with that requirement; or (ii) being any book or data which, if production of which or access to which is required under section 173L or 173M, will be concealed, removed, tampered with or destroyed; and ( b ) if the Magistrate is also satisfied that there are reasonable grounds to suspect that there is, on those premises, any other book, or a computer in which any other data is contained or to which any other data is available, which relates to any matter relevant to the investigation concerned, direct that the powers exercisable under the warrant extend to such other book or computer. (2) A warrant issued under subsection (1) authorises the Authority or any person named in the warrant, with or without assistance — ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search the premises and to break open and search anything, whether a fixture or not, in the premises; ( c ) to take possession of, or secure against interference, any book or computer that appears to be a book or computer mentioned in subsection (1)( a ) or ( b ); ( d ) to require any person to provide an explanation of any book or data that appears to be any book or data mentioned in subsection (1)( a ) or ( b ), or to state, to the best of that person’s knowledge and belief, where any such book or data may be found; ( e ) to search any person on those premises, if there are reasonable grounds to suspect that the person has in his or her possession any book or computer that appears to be a book or computer mentioned in subsection (1)( a ) or ( b ), or any equipment or article which relates to any matter relevant to the investigation concerned; ( f ) to remove from those premises for examination any book that appears to be a book mentioned in subsection (1)( a ) or ( b ), or any equipment (including a computer) or article which relates to any matter relevant to the investigation concerned; ( g ) to access, inspect and check the operation of a computer on the premises specified in the warrant, if there are reasonable grounds to suspect that any data mentioned in subsection (1)( a ) or ( b ) is or has been contained in or available to the computer, or that the computer is a computer mentioned in subsection (1)( a ) or ( b ); ( h ) to use any computer mentioned in paragraph ( g ), or cause any such computer to be used — (i) to search any book or data that appears to be a book or any data mentioned in subsection (1)( a ) or ( b ), that is contained in or available to such computer; and (ii) to make a copy of any such book or data; ( i ) to prevent any other person from gaining access to, or using, any computer mentioned in paragraph ( g ) (including by changing any username, password or other authentication information required to gain access to the computer); ( j ) to order any person — (i) to stop accessing or using or to not access or use any computer mentioned in paragraph ( g ); or (ii) to access or use any such computer only under such conditions as the Authority or any person named in the warrant may specify; and ( k ) to order — (i) any person whom the Authority or any person named in the warrant reasonably suspects of using, or of having used, a computer mentioned in paragraph ( g ); (ii) any person having charge of, or otherwise concerned with the operation of, any such computer; or (iii) any person whom the Authority or any person named in the warrant reasonably believes has knowledge of or access to any username, password or other authentication information required to gain access to any such computer, to provide any of the following types of assistance to the Authority: (iv) assistance to gain access to the computer (including assistance through the provision of any username, password or other authentication information required to gain access to the computer); (v) assistance to prevent a person (other than the Authority or any person named in the warrant) from gaining access to, or using, the computer, including assistance in changing any username, password or other authentication information required to gain access to the computer. (3) The Authority or any person named in the warrant may allow any equipment or article mentioned in subsection (2)( f ) to be retained on the premises specified in the warrant, subject to such conditions as the Authority or that person may require. (4) Any person entering any premises by virtue of a warrant issued under subsection (1) may bring with him or her to the premises such items as appear to him or her to be necessary. (5) Where a warrant is issued under subsection (1), and there is no one present at the premises specified in the warrant when the Authority or any person named in the warrant proposes to execute the warrant, the Authority or that person must, before executing the warrant — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the premises of the intended entry into the premises; and ( b ) subject to subsection (6), give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. (6) If the Authority or any person named in the warrant is unable to inform the occupier of the premises of the intended entry into the premises, the Authority or that person must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises. (7) On leaving any premises specified in a warrant issued under subsection (1), the Authority or any person named in the warrant must, if the premises are unoccupied or if the occupier of the premises is temporarily absent, leave the premises as effectively secured as the Authority or that person found the premises. (8) The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by any other written law or rule of law. (9) In this section — “occupier”, in relation to any premises specified in a warrant issued under subsection (1), includes any person whom the Authority or any person named in the warrant reasonably believes to be the occupier of those premises; “premises” includes any structure, building, aircraft, vehicle or vessel. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173O
chapter: PART 10A - INVESTIGATIONS
section: 173O
title: Powers where books are produced, etc.
content:
173O. —(1) This section applies where — ( a ) any book is produced to the Authority, or access to any book, or any data contained in or available to a computer, is given to the Authority — (i) pursuant to a requirement under section 173L; or (ii) during an entry into any premises by an investigator or authorised person under section 173M; ( b ) under a warrant issued under section 173N(1), the Authority or a person named therein — (i) takes possession of any book or computer; or (ii) secures any book or computer against interference; or ( c ) under a previous application of subsection (6), any book or computer is delivered into the possession of the Authority or a person authorised by it. (2) If subsection (1)( a ) applies, the Authority may take possession of any book or computer mentioned in that provision. (3) The Authority or, where applicable, a person mentioned in subsection (1)( b ) or ( c ) may — ( a ) inspect, and make copies of, or take extracts from, a book, or any data contained in or available to the computer, mentioned in that subsection; ( b ) use, or permit the use of, a book, or any data contained in or available to the computer, mentioned in that subsection for the purposes of any proceedings; ( c ) retain possession of a book or computer mentioned in that subsection for so long as is necessary — (i) for the purposes of exercising a power conferred by this section; (ii) for a decision to be made about whether or not any proceedings to which the book or any data contained in or available to the computer would be relevant should be instituted; or (iii) for such proceedings to be instituted and carried on; and ( d ) require any book stored in any electronic form, or any data, which the Authority or person mentioned in subsection (1)( b ) or ( c ) is satisfied relates to any matter relevant to an investigation under this Division, to be produced in a form which can be taken away and which is visible and legible. (4) No person is entitled, as against the Authority or, where applicable, a person mentioned in subsection (1)( b ) or ( c ) to claim a lien on any book or computer mentioned in that subsection, but such a lien is not otherwise prejudiced. (5) While any book or computer is in the possession of the Authority or (where applicable) the person mentioned in subsection (1)( b ) or ( c ), the Authority or the person — ( a ) must permit another person to inspect at all reasonable times the book or computer as the second-mentioned person would be entitled to inspect if the book or computer were not in the possession of the Authority or the firstmentioned person; and ( b ) may permit any other person to inspect the book or computer. (6) If subsection (1)( a ) or ( b )(i) applies, an investigator or authorised person mentioned in subsection (1)( a ) or a person mentioned in subsection (1)( b ) may deliver any book or computer into the possession of the Authority or of a person authorised by the Authority to receive them. (7) If subsection (1)( a ) or ( b ) or (6) applies, the Authority, an investigator or authorised person mentioned in subsection (1)( a ), a person mentioned in subsection (1)( b ) or a person into whose possession any book or computer is delivered under subsection (6), may require — ( a ) if subsection (1)( a ) applies — a person who produced the book or gave access to the book or the data contained in or available to the computer; or ( b ) if subsection (1)( b ) applies — a person who was a party to the preparation of the book or any data contained in or available to the computer, to explain, to the best of his or her knowledge and belief, any matter about the preparation of the book or data or any matter to which the book or data relates. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173P
chapter: PART 10A - INVESTIGATIONS
section: 173P
title: Powers where books not produced, information not provided or access to book or data not given
content:
173P. Where a person fails to comply with a requirement imposed by the Authority under section 173L to produce any book, provide any information or give access to any book or data, the Authority may require the person to state, to the best of his or her knowledge and belief — ( a ) the place where such book, or any computer in which such data is contained or to which such data is available, may be found; ( b ) the person who last had possession, custody or control of such book, or any computer in which such data is contained or to which such data is available, and the place where that person may be found; or ( c ) the person who possesses such information and the place where that person may be found. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173Q
chapter: PART 10A - INVESTIGATIONS
section: 173Q
title: Copies of or extracts from books to be admitted in evidence
content:
173Q. —(1) Subject to this section, a copy of or extract from any book referred to in this Division that is proved to be a true copy of the book, or of the relevant part of the book, is admissible in evidence as if it were the original book, or the relevant part of the original book. (2) For the purposes of subsection (1), evidence that a copy of or extract from any book is a true copy of the book or of a part of the book, may be given by a person who has compared the copy or extract with the book or the relevant part of the book, and may be given orally or by an affidavit sworn, or by a declaration made, before a person authorised to take affidavits or statutory declarations. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173R
chapter: PART 10A - INVESTIGATIONS
section: 173R
title: Offences under this Division
content:
173R. —(1) An advocate and solicitor or legal counsel who, without reasonable excuse, fails to comply with section 173D(5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (2) A person who, without reasonable excuse, refuses or fails to comply with — ( a ) any requirement imposed under section 173E(1), 173G(3), 173L, 173M(5)( b ), ( c ) or ( d ), 173O(3)( d ) or (7) or 173P; or ( b ) any requirement imposed pursuant to a warrant issued under section 173N(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 2 years or to both. (3) A person who, without reasonable excuse, refuses or fails to comply with — ( a ) any requirement of an investigator under section 173I(2)( a ); or ( b ) section 173J(2) or 173K, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (4) A person who — ( a ) in purported compliance with a requirement imposed under section 173D(5), 173L, 173M(5)( b ), ( c ) or ( d ), 173O(3)( d ) or (7) or 173P, or pursuant to a warrant issued under section 173N(1); or ( b ) in the course of examination of the person, provides information or makes a statement that is false or misleading in a material particular 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 2 years or to both. (5) It is a defence to a prosecution for an offence under subsection (4) if the defendant proves that the defendant believed on reasonable grounds that the information or statement was true and not misleading. (6) Any person who, knowing or having reasonable grounds to believe that any book, computer, equipment or article relates to a matter that the Authority is investigating or about to investigate under this Division — ( a ) conceals, destroys, mutilates or alters that book, computer, equipment or article; or ( b ) if any such book, computer, equipment or article is within the territory of Singapore, takes or sends the book, computer, equipment or article out of Singapore, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. (7) A person who, without reasonable excuse, obstructs or hinders the Authority in the exercise of any power under this Division, or obstructs or hinders a person who is exercising any power under section 173M(1) or (5) or executing a warrant issued under section 173N(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 2 years or to both. (8) Any occupier or person in charge of any premises who fails to provide, to any person who enters those premises under section 173M(1) or under a warrant issued under section 173N(1), all reasonable facilities and assistance for the effective exercise of that person’s powers under section 173M(1) or (5) or under the warrant (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 12 of 2024 wef 24/01/2025] Division 3 &#x2014; Transfer of evidence


document_id: fsma-2022
provision_ref: s173S
chapter: PART 10A - INVESTIGATIONS
section: 173S
title: Interpretation of this Division
content:
173S. In this Division –– “Commercial Affairs Officer” means a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004; “police officer” means a member of the Singapore Police Force. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173T
chapter: PART 10A - INVESTIGATIONS
section: 173T
title: Evidence obtained by Authority may be used in criminal investigations and proceedings
content:
173T. —(1) Despite the provisions of any written law or rule of law, the Authority may provide any book, written record of any examination or other information, or access to any data, obtained by the Authority under this Part to –– ( a ) a police officer; ( b ) a Commercial Affairs Officer; or ( c ) the Public Prosecutor, for the purposes of any investigation into or criminal proceedings against a person for an alleged or suspected contravention of any provision under this Act. (2) To avoid doubt, any book, written record of examination or other information provided, or any data to which access is provided, by the Authority under subsection (1) is not inadmissible in any criminal proceedings by reason only that it was first obtained by the Authority under this Act, and the admissibility thereof is to be determined in accordance with the rules of evidence under written law and any relevant rules of law. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s173U
chapter: PART 10A - INVESTIGATIONS
section: 173U
title: Evidence obtained under Criminal Procedure Code 2010 may be used for purposes of Act
content:
173U. Despite the provisions of any written law or any rule of law, any book, data, statement or other information obtained by — ( a ) a police officer or a Commercial Affairs Officer in the exercise of his or her powers under Divisions 1 and 2 of Part 4 of the Criminal Procedure Code 2010; or ( b ) an authorised person mentioned in section 20(1) or (1A), 39(1) or 40(2) of the Criminal Procedure Code 2010, in the exercise of his or her powers under those sections, may be provided to the following persons for the following purposes, if it is in the public interest to do so: ( c ) to the Authority — for the purpose of any investigation under section 173B(1); ( d ) to the Minister or to an Appeal Advisory Committee constituted under section 13 — for the purpose of any appeal against a decision of the Authority under this Act. [Act 12 of 2024 wef 24/01/2025]


document_id: fsma-2022
provision_ref: s174
chapter: PART 11 - OFFENCES
section: 174
title: Offences by corporations
content:
174. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Authority may make rules to provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.


document_id: fsma-2022
provision_ref: s175
chapter: PART 11 - OFFENCES
section: 175
title: Offences by unincorporated associations or partnerships
content:
175. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, 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, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Authority may make rules to provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.


document_id: fsma-2022
provision_ref: s176
chapter: PART 11 - OFFENCES
section: 176
title: General duty to use reasonable care not to provide false information to Authority
content:
176. —(1) A person who provides the Authority with any information — ( a ) under or for the purposes of any provision of this Act; or ( b ) in circumstances in which the person providing the information intends, or could reasonably be expected to know, that the information would be used by the Authority for the purpose of the Authority discharging its functions under this Act, must use reasonable care to ensure that the information is not false or misleading in any material particular. (2) Subsection (1) applies only where no other provision of this Act creates an offence in connection with the provision of information that is false or misleading in a material particular. (3) A person who — ( a ) signs any document lodged with the Authority; or ( b ) lodges with the Authority any document by electronic means using any identification or identifying code, password or other authentication method or procedure assigned to the person by the Authority, must use reasonable care to ensure that the document is not false or misleading in any material particular. (4) A person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in any other case, to a fine not exceeding $100,000.


document_id: fsma-2022
provision_ref: s177
chapter: PART 11 - OFFENCES
section: 177
title: Composition of offences
content:
177. —(1) The Authority may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence. (2) The Authority may compound any offence under this Act (including an offence under a provision that has been repealed) which — ( a ) was compoundable under this section at the time the offence was committed; but ( b ) has ceased to be so compoundable, by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence at the time it was committed. (3) On payment of the sum of money referred to in subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence. (4) Regulations made under section 192 may prescribe the offences which may be compounded. (5) All sums collected by the Authority under subsection (1) or (2) must be paid into the Consolidated Fund.


document_id: fsma-2022
provision_ref: s178
chapter: PART 12 - MISCELLANEOUS
section: 178
title: Agents
content:
178. In the exercise of its powers and the performance of its functions under this Act, the Authority may — ( a ) establish agencies at such places outside Singapore as the Authority thinks fit; ( b ) arrange with and authorise a person to act as agent of the Authority outside Singapore; ( c ) act as agent of a bank carrying on business inside or outside Singapore; and ( d ) act as agent of any public authority or any company in which the Government or a public authority has a substantial interest or any company which is deemed to be related to that company by virtue of section 6 of the Companies Act 1967 either generally or for a particular purpose inside or outside Singapore.


document_id: fsma-2022
provision_ref: s179
chapter: PART 12 - MISCELLANEOUS
section: 179
title: Appointment of assistants
content:
179. —(1) Subject to subsection (2), the Authority may appoint any person to exercise any of the Authority’s powers or perform any of the Authority’s functions or duties under this Act, either generally or in any particular case, except — ( a ) the power of appointment conferred by this subsection; and ( b ) the power to make subsidiary legislation. (2) The Authority may appoint one or more of its officers to exercise the power under section 189(5) to grant an exemption to a particular person, or under section 189(6) to revoke any such exemption, or both. [Act 5 of 2025 wef 09/03/2025] (2A) An appointment under subsection (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) Any person appointed under subsection (1) or officer appointed under subsection (2) is taken to be a public servant for the purposes of the Penal Code 1871.


document_id: fsma-2022
provision_ref: s180
chapter: PART 12 - MISCELLANEOUS
section: 180
title: Consent of Public Prosecutor
content:
180. No prosecution in respect of any offence under this Act may be instituted without the written consent of the Public Prosecutor.


document_id: fsma-2022
provision_ref: s181
chapter: PART 12 - MISCELLANEOUS
section: 181
title: Jurisdiction of Courts
content:
181. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for that offence.


document_id: fsma-2022
provision_ref: s182
chapter: PART 12 - MISCELLANEOUS
section: 182
title: Opportunity to be heard
content:
182. Where this Act provides for a person to be given an opportunity to be heard by the Authority, the Authority may prescribe the manner in which the person is to be given such opportunity to be heard.


document_id: fsma-2022
provision_ref: s183
chapter: PART 12 - MISCELLANEOUS
section: 183
title: Recovery of fees, expenses, etc.
content:
183. The Authority may recover as a civil debt due to the Authority from the financial institution concerned — ( a ) the amount of any fees payable to the Authority under section 5; ( b ) the amount of any fees payable to the Authority under section 138; ( c ) the amount of any fees payable to the Authority under section 140; and ( d ) any remuneration and expenses payable by the financial institution concerned to — (i) a statutory adviser appointed under section 41(2); (ii) a statutory manager appointed under section 41(2); (iii) the Authority or any person appointed by the Authority under section 179 in relation to the Authority’s assumption of control of any business of the financial institution under section 41; and (iv) any person appointed to perform any independent assessment under Part 7 or 8.


document_id: fsma-2022
provision_ref: s184
chapter: PART 12 - MISCELLANEOUS
section: 184
title: Publication of certain information
content:
184. —(1) The Authority may prepare and publish — ( a ) consolidated statements aggregating any information provided under this Act; or ( b ) for statistical purposes, statements that relate to or are derived from any information provided under this Act in respect of a digital token service. (2) The Authority may, in such form or manner as the Authority considers appropriate, publish such information as the Authority may consider necessary or expedient to publish in the public interest, including information relating to all or any of the following: ( a ) the approval, refusal to approve or withdrawal of approval of a financial institution under section 4; ( b ) the lapsing, surrender, revocation or suspension of the licence of any person under section 141; ( c ) the acceptance by any person of an offer to compound an offence under section 177; ( d ) the revocation or withdrawal of any exemption granted under this Act; ( e ) the conviction of any person for any offence under this Act; ( f ) any other action taken by the Authority against any person under this Act.


document_id: fsma-2022
provision_ref: s185
chapter: PART 12 - MISCELLANEOUS
section: 185
title: Disclosure of information
content:
185. Nothing in this Act requires the Minister or any public servant (including a member of an Appeal Advisory Committee deemed to be a public servant under section 14(6)( a )) to disclose facts which he or she considers to be against the interest of the public to disclose.


document_id: fsma-2022
provision_ref: s186
chapter: PART 12 - MISCELLANEOUS
section: 186
title: Service of documents
content:
186. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the business address of the partnership; ( c ) by sending it by fax to the fax number used at the business address of the partnership; or ( d ) by sending it by email to the last email address of the partnership. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or to the manager of the limited liability partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under subsection (2), (3) or (4) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( c ) if the document is sent by email, at the time the email becomes capable of being retrieved by the person to whom the document is sent. (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business, or place of employment, in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the principal or last known place of business in Singapore of the partnership; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means — ( a ) the last email address given, by the addressee concerned to the person giving or serving the document, as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: fsma-2022
provision_ref: s187
chapter: PART 12 - MISCELLANEOUS
section: 187
title: Electronic service
content:
187. —(1) The Authority may provide an electronic service for the service of any document that is required or authorised by this Act to be served on any person. (2) For the purposes of the electronic service, the Authority may assign to any person — ( a ) an authentication code; and ( b ) an account with the electronic service. (3) Despite section 186, where a person has given consent for any document to be served on the person through the electronic service — ( a ) the Authority may serve the document on that person by transmitting an electronic record of the document to that person’s account with the electronic service; and ( b ) the document is treated as having been served at the time when an electronic record of the document enters the person’s account with the electronic service. (4) In this section — “account with the electronic service”, in relation to any person, means a computer account within the electronic service that is assigned by the Authority to the person for the storage and retrieval of electronic records relating to the person; “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure that is assigned to the person for the purposes of identifying and authenticating the access to and use of the electronic service by the person; “document” includes a notice and an order; “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.


document_id: fsma-2022
provision_ref: s188
chapter: PART 12 - MISCELLANEOUS
section: 188
title: Guidelines on Fit and Proper Criteria
content:
188. —(1) For the purpose of determining whether a person is a fit and proper person in relation to this Act or any provision of this Act, the Authority may issue or adopt Guidelines on Fit and Proper Criteria. (2) The Authority may, at any time, vary or revoke the Guidelines on Fit and Proper Criteria mentioned in subsection (1), or any part of the Guidelines. (3) The Authority must — ( a ) ensure that the Guidelines on Fit and Proper Criteria, or their variation or revocation, are published on the Authority’s website; ( b ) specify in the publication, the date on which the Guidelines on Fit and Proper Criteria, or their variation or revocation, take effect; and ( c ) ensure that the Guidelines on Fit and Proper Criteria (including any variation to them) remain available to the public for access and inspection without charge. (4) To avoid doubt, the Guidelines on Fit and Proper Guidelines mentioned in subsection (1) are deemed not to be subsidiary legislation.


document_id: fsma-2022
provision_ref: s189
chapter: PART 12 - MISCELLANEOUS
section: 189
title: Exemption
content:
189. —(1) The Authority may, by regulations, exempt — ( a ) any person or class of persons from this Act or any provision of this Act; and ( b ) any of the following from all or any of the provisions of Part 9: (i) any digital token service or class of digital token services; (ii) any shares or interests in shares, or class or description of shares or interests in shares; (iii) any other thing or class or description of things, subject to such conditions or restrictions as may be prescribed. (2) The Authority may at any time — ( a ) revoke any exemption mentioned in subsection (1); or ( b ) add to, vary or revoke any condition or restriction imposed under subsection (1). (3) Where the Authority, by regulations made under subsection (1)( a ), exempts any person or class of persons from section 147(1) and (2), the conditions that may be prescribed include the following conditions: ( a ) a condition relating to the operations or activities of the exempt person, or of any person in the exempt class of persons, relating to the grant of any credit facility within the meaning given by section 147(3) (called in this section a credit facility); ( b ) a condition relating to the criteria that must be satisfied in order for the exempt person, or any person in the exempt class of persons, to grant any credit facility to any individual in Singapore; ( c ) a condition relating to the standards to be maintained by the exempt person, or by any person in the exempt class of persons, when carrying on a business of granting any credit facility to any individual in Singapore; ( d ) a condition relating to the duties to be undertaken by the exempt person, or by any person in the exempt class of persons, when doing any of the following things: (i) granting any credit facility to any individual in Singapore; (ii) offering to grant, or issuing any advertisement containing any offer to grant, any credit facility to any individual in Singapore; (iii) making an offer or invitation, or issuing any advertisement containing any offer or invitation, to any individual in Singapore to enter into any agreement relating to the granting of any credit facility to that individual; ( e ) a condition relating to the maintenance by the exempt person, or by any person in the exempt class of persons, of a licence, under any other written law, that allows that person to carry on a business of granting any credit facility to any individual in Singapore. (4) Where the Authority, by regulations made under subsection (1)( a ), exempts any person or class of persons from section 149, the conditions that may be prescribed include the following conditions: ( a ) a condition restricting the disposal or further acquisition, by that person or class of persons, of any shares or voting power in a licensee; ( b ) a condition restricting the exercise, by that person or class of persons, of any voting power in a licensee. (5) The Authority may, on the application of any person, by written notice exempt the person from — ( a ) all or any of the provisions of this Act; and ( b ) all or any of the requirements specified in any direction made by the Authority under this Act, subject to such conditions or restrictions as the Authority may specify by written notice. (6) The Authority may, at any time, by written notice to a person — ( a ) revoke any exemption mentioned in subsection (5); or ( b ) add to, vary or revoke any condition or restriction imposed on the person under subsection (5). (7) It is not necessary to publish any exemption granted under subsection (5) in the Gazette . (8) A person who contravenes any condition or restriction — ( a ) prescribed under subsection (1); ( b ) specified by the Authority under subsection (5); or ( c ) added to or varied under subsection (2) or (6), shall be guilty of an offence and shall be liable on conviction — ( d ) in the case of an individual, to a fine not exceeding $50,000; or ( e ) in any other case, to a fine not exceeding $100,000. (9) In subsection (4), “licensee” has the meaning given by section 136(1).


document_id: fsma-2022
provision_ref: s190
chapter: PART 12 - MISCELLANEOUS
section: 190
title: Amendment of Schedules
content:
190. —(1) The Minister may from time to time, by order in the Gazette , amend, add to or vary the First, Second or Third Schedule. [Act 19 of 2023 wef 01/04/2024] (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: fsma-2022
provision_ref: s191
chapter: PART 12 - MISCELLANEOUS
section: 191
title: Power of Minister to make regulations for or in respect to appeals
content:
191. —(1) The Minister may make regulations for, or in respect of, any appeal to the Minister mentioned in sections 4(6), 7(5), 9(5), 34, 48(6), 55(1), 142, 154 and 157. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to — ( a ) the appointment of members to, and procedures of, the Appeal Advisory Panel and Appeal Advisory Committees mentioned in sections 13 and 14; ( b ) the remuneration of the members of the Appeal Advisory Panel and Appeal Advisory Committees mentioned in sections 13 and 14; ( c ) the form and manner in which an appeal to the Minister under this Act may be made; and ( d ) the fees to be paid in respect of any appeal made to the Minister under this Act, including the refund or remission, whether in whole or in part, of such fees.


document_id: fsma-2022
provision_ref: s192
chapter: PART 12 - MISCELLANEOUS
section: 192
title: Power of Authority to make regulations
content:
192. —(1) Except as otherwise expressly provided in this Act, the Authority may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (1A) Without limiting subsection (1), regulations made under this section may prescribe any matter concerning the production of books or a copy thereof, or giving access to books or data under section 173L or 173M(5)( b ), including the form and manner in which the production or giving access is to be carried out. [Act 12 of 2024 wef 24/01/2025] (2) Except as otherwise expressly provided in this Act, regulations made by the Authority under this Act — ( a ) may be of general or specific application; ( b ) may contain such saving and transitional provisions as the Authority may consider necessary or expedient; ( c ) may provide that a contravention of any specified provision of the regulations shall be an offence; and ( d ) may provide — (i) in the case of an individual, for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 2 years or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $5,000 for every day or part of a day during which the offence continues after conviction; and (ii) in any other case, for penalties not exceeding a fine of $100,000 and, in the case of a continuing offence, a further penalty not exceeding a fine of $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: fsma-2022
provision_ref: s193
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 193
title: Amendment of Banking Act 1970
content:
193. —(1) Subject to subsection (2), section 2(1) of the Banking Act 1970 is amended by deleting the definition of “financial holding company” and substituting the following definition: “ “financial holding company” means a company belonging to a class of financial institutions approved as financial holding companies under section 4 of the Financial Services and Markets Act 2022; ”. (2) Subsection (1) does not apply if section 78( a ) of the Financial Holding Companies Act 2013 (which also amends section 2(1) of the Banking Act 1970) is brought into operation before the date on which subsection (1) and this subsection are brought into operation. (3) Section 20 of the Banking Act 1970 is amended — ( a ) by deleting the word “or” at the end of subsection (1)( a )(viii); ( b ) by inserting the word “or” at the end of sub‑paragraph (ix) of subsection (1)( a ), and by inserting immediately thereafter the following sub‑paragraph: “ (x) is contravening or has contravened any provision of the Financial Services and Markets Act 2022 or any direction issued by the Authority under that Act; ”; and ( c ) by deleting the words “Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970” in subsections (1)( b ) and (7) and substituting in each case the words “Division 2, 4, 5 or 6 of Part 8 of the Financial Services and Markets Act 2022”. (4) Section 43(3) of the Banking Act 1970 is amended by deleting the words “section 27C of the Monetary Authority of Singapore Act 1970” and substituting the words “section 169 of the Financial Services and Markets Act 2022”. (5) Section 45(6A) of the Banking Act 1970 is amended by deleting the words “section 152 of the Monetary Authority of Singapore Act 1970” in paragraph ( a ) and substituting the words “section 17 of the Financial Services and Markets Act 2022”. (6) Section 54 of the Banking Act 1970 is amended — ( a ) by deleting the words “under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966 or section 101A or 123ZZC of the Securities and Futures Act 2001” in subsection (1)( g ); and ( b ) by inserting, immediately before the definition of “regulated financial institution” in subsection (9), the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; ( g ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( h ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(5) of the Financial Services and Markets Act 2022; or ( i ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (7) Section 55ZA of the Banking Act 1970 is amended — ( a ) by inserting, immediately after the words “Monetary Authority of Singapore Act 1970” in subsection (1)( a )(ii)(B), the words “as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022 or to be approved under section 4(2) of the Financial Services and Markets Act 2022”; ( b ) by deleting the word “or” at the end of subsection (1)( a )(vii); ( c ) by inserting the word “or” at the end of sub‑paragraph (viii) of subsection (1)( a ), and by inserting immediately thereafter the following sub‑paragraph: “ (ix) is contravening or has contravened any direction issued by the Authority under the Financial Services and Markets Act 2022 or any provision of that Act; ”; and ( d ) by deleting the words “Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970” in subsections (1)( b )(ii) and (7)( b ) and substituting in each case the words “Division 2, 4, 5 or 6 of Part 8 of the Financial Services and Markets Act 2022”. (8) Section 57FB of the Banking Act 1970 is amended — ( a ) by deleting the words “under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966 or section 101A of the Securities and Futures Act 2001” in subsection (1)( g ); and ( b ) by inserting, immediately before the definition of “regulated financial institution” in subsection (9), the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; or ( g ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (9) Section 62(1) of the Banking Act 1970 is amended by deleting the words “(within the meaning of section 98 of the Monetary Authority of Singapore Act 1970) from the bank under section 103, 104, 105 or 106 of that Act” in paragraph ( e ) and substituting the words “within the meaning of section 107 of the Financial Services and Markets Act 2022 from the bank under section 112, 113, 114 or 115 of that Act”. (10) Section 62B(3) of the Banking Act 1970 is amended by deleting the words “(within the meaning of section 98 of the Monetary Authority of Singapore Act 1970) from the merchant bank under section 103, 104, 105 or 106 of that Act” in paragraph ( b ) and substituting the words “within the meaning of section 107 of the Financial Services and Markets Act 2022 from the merchant bank under section 112, 113, 114 or 115 of that Act”. (11) Part 2 of the Third Schedule to the Banking Act 1970 is amended by deleting items 4B, 4C and 4D and substituting the following items: “ 4B. Disclosure is solely in connection with the transfer or proposed transfer of the business of the bank to a company under Division 2 of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of the Financial Services and Markets Act 2022, whether or not the transfer is subsequently carried out or completed. Any — ( a ) transferor or transferee, defined in section 56 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of the Financial Services and Markets Act 2022; ( b ) person affected by the transfer; ( c ) professional adviser appointed by any person mentioned in paragraph ( a ) or ( b ); or ( d ) independent assessor appointed by the Authority under section 57 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of the Financial Services and Markets Act 2022. 4BA. Disclosure is solely in connection with the transfer or proposed transfer of the business of the bank to a company under Division 2 of Part 8 of the Financial Services and Markets Act 2022, whether or not the transfer is subsequently carried out or completed. Any — ( a ) transferor or transferee, defined in section 65 of the Financial Services and Markets Act 2022; ( b ) person affected by the transfer; ( c ) professional adviser appointed by any person mentioned in paragraph ( a ) or ( b ); or ( d ) independent assessor appointed by the Authority under section 66 of the Financial Services and Markets Act 2022. 4C. Disclosure is solely in connection with the transfer or proposed transfer of the shares in the bank under Division 3 of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of the Financial Services and Markets Act 2022, whether or not the transfer is subsequently carried out or completed. Any — ( a ) transferor or transferee, defined in section 65 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of the Financial Services and Markets Act 2022; ( b ) professional adviser appointed by the transferor or transferee; or ( c ) independent assessor appointed by the Authority under section 66 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of the Financial Services and Markets Act 2022. 4CA. Disclosure is solely in connection with the transfer or proposed transfer of the shares in the bank under Division 4 of Part 8 of the Financial Services and Markets Act 2022, whether or not the transfer is subsequently carried out or completed. Any — ( a ) transferor or transferee, defined in section 74 of the Financial Services and Markets Act 2022; ( b ) professional adviser appointed by the transferor or transferee; or ( c ) independent assessor appointed by the Authority under section 75 of the Financial Services and Markets Act 2022. 4D. Disclosure is solely in connection with the restructuring or proposed restructuring of the share capital of the bank un


document_id: fsma-2022
provision_ref: s194
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 194
title: Amendment of Companies Act 1967
content:
194. —(1) Section 8G of the Companies Act 1967 is amended by deleting the words “sections 27 and 28 of the Monetary Authority of Singapore Act 1970” and substituting the words “sections 3 and 4 of the Financial Services and Markets Act 2022”. (2) Section 145(6) of the Companies Act 1967 is amended — ( a ) by inserting, immediately after the words “Financial Holdings Companies Act 2013,” in paragraph ( b ), the words “section 48 of the Financial Services and Markets Act 2022,”; and ( b ) by inserting, immediately after the words “Monetary Authority of Singapore Act 1970” in paragraph ( b ), the words “as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022”.


document_id: fsma-2022
provision_ref: s195
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 195
title:
Amendment of Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992

content:
195. Section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 is amended by deleting the definition of “financial institution” and substituting the following definition: “ “financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022, and includes a VCC; ”.


document_id: fsma-2022
provision_ref: s196
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 196
title: Amendment of Credit Bureau Act 2016
content:
196. —(1) Section 2 of the Credit Bureau Act 2016 is amended by deleting the words “approved as a financial institution under section 28 of the Monetary Authority of Singapore Act 1970” in the definition of “merchant bank” and substituting the words “licensed under the Banking Act 1970”. (2) Section 46 of the Credit Bureau Act 2016 is amended — ( a ) by deleting the words “under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966 or section 101A of the Securities and Futures Act 2001” in subsection (5)( e ); and ( b ) by inserting, immediately before the definition of “regulated financial institution” in subsection (12), the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; or ( g ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (3) Section 49(11) of the Credit Bureau Act 2016 is amended by inserting, immediately after paragraph ( d ), the following paragraph: “ ( da ) Financial Services and Markets Act 2022; ”.


document_id: fsma-2022
provision_ref: s197
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 197
title: Amendment of Criminal Procedure Code 2010
content:
197. The Sixth Schedule to the Criminal Procedure Code 2010 is amended — ( a ) by inserting, immediately after item 2, the following item: “ 2A. Any offence under section 16(4) of the Financial Services and Markets Act 2022. ”; and ( b ) by inserting, immediately after the words “Monetary Authority of Singapore Act 1970” in item 3, the words “as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022”.


document_id: fsma-2022
provision_ref: s198
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 198
title: Amendment of Deposit Insurance and Policy Owners’ Protection Schemes Act 2011
content:
198. —(1) Section 2(1) of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 is amended — ( a ) by deleting the definitions of “resolution fund” and “resolution measure” and substituting the following definitions: “ “resolution fund” means a fund established under section 108 of the Financial Services and Markets Act 2022; “resolution measure” has the meaning given by section 107 of the Financial Services and Markets Act 2022; ”; and ( b ) by deleting the words “section 99(2) of the Monetary Authority of Singapore Act 1970” in the definition of “trustee” (in relation to a resolution fund) and substituting the words “section 108(2) of the Financial Services and Markets Act 2022”. (2) Section 10(2) of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 is amended by deleting the words “Division 5B of Part 4B of the Monetary Authority of Singapore Act 1970” and substituting the words “Division 10 of Part 8 of the Financial Services and Markets Act 2022”. (3) Section 28A(1) of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 is amended by inserting, immediately after the words “section 54(4) of the Monetary Authority of Singapore Act 1970” in paragraph ( b ), the words “as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022 or under section 63(4) of the Financial Services and Markets Act 2022”. (4) Section 46(1) of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 is amended — ( a ) by deleting the word “or” at the end of paragraph ( d ); and ( b ) by deleting paragraph ( e ) and substituting the following paragraphs: “ ( e ) on or after 1 September 2011 but before the date of commencement of section 205 of the Financial Services and Markets Act 2022, the Authority had exercised its powers under Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before that date in relation to a PPF Scheme member; or ( f ) on or after the date of commencement of section 205 of the Financial Services and Markets Act 2022, the Authority is exercising or is likely to exercise, or has exercised, its powers under Part 8 of the Financial Services and Markets Act 2022 in relation to a PPF Scheme member, ”. (5) Section 54A(1) of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 is amended by inserting, immediately after the words “section 54(4) of the Monetary Authority of Singapore Act 1970” in paragraph ( b ), the words “as in force immediately before the date of commencement of section 205 of the Financial Services and Markets Act 2022 or under section 63(4) of the Financial Services and Markets Act 2022”.


document_id: fsma-2022
provision_ref: s199
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 199
title: Amendment of Finance Companies Act 1967
content:
199. —(1) Section 15(1) of the Finance Companies Act 1967 is amended by deleting the words “Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970” in paragraph ( c )(ii) and substituting the words “Division 2, 4, 5 or 6 of Part 8 of the Financial Services and Markets Act 2022”. (2) Section 44A(1) of the Finance Companies 1967 is amended by deleting the words “(within the meaning of section 98 of the Monetary Authority of Singapore Act 1970) from the finance company under section 103, 104, 105 or 106 of that Act” in paragraph ( c ) and substituting the words “within the meaning of section 107 of the Financial Services and Markets Act 2022 from the finance company under section 112, 113, 114 or 115 of that Act”. (3) Section 47 of the Finance Companies Act 1967 is amended — ( a ) by deleting the words “under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966 or section 101A or 123ZZC of the Securities and Futures Act 2001” in subsection (1)( e ); and ( b ) by inserting, immediately before the definition of “regulated financial institution” in subsection (9), the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; ( g ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( h ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(5) of the Financial Services and Markets Act 2022; or ( i ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (4) Section 54(1) of the Finance Companies Act 1967 is amended by deleting the words “Part 4B of the Monetary Authority of Singapore Act 1970” and substituting the words “Part 8 of the Financial Services and Markets Act 2022”.


document_id: fsma-2022
provision_ref: s200
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 200
title: Amendment of Financial Advisers Act 2001
content:
200. —(1) Section 2(1) of the Financial Advisers Act 2001 is amended — ( a ) by inserting, immediately after paragraph ( b ) of the definition of “prescribed written law”, the following paragraph: “ ( ba ) Financial Services and Markets Act 2022; ”; and ( b ) by inserting, immediately after the definition of “principal”, the following definition: “ “prohibition order” means, unless the context otherwise requires — ( a ) a prohibition order made under section 68(1) as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; or ( c ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (2) The Financial Advisers Act 2001 is amended by deleting the words “under section 68 has been made by the Authority” in the following provisions and substituting in each case the words “has been made”: Section 8(1)( l ) and (4)( c ) Section 15(2)( g ) and (5)( c ) Section 30(1)( q ) and (10)( b ) Section 63(7)( b ) Section 64(4)( b ) Section 66(2)( c ). (3) The Financial Advisers Act 2001 is amended by deleting the words “under section 68” in the following provisions: Section 11(2)( c ) Section 21(2)( a )(iii) and ( b )(iii) Section 23(4)( c ). (4) Section 64(1) of the Financial Advisers Act 2001 is amended by deleting the words “under section 68 made by the Authority” in paragraph ( g ) and substituting the word “made”. (5) The Financial Advisers Act 2001 is amended by repealing the following sections: Section 68 Section 69 Section 70 Section 71. (6) Section 72(2) of the Financial Advisers Act 2001 is amended by deleting the words “are made under section 68” and substituting the words “had been made under section 68 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022 or as continued by section 217(2) of that Act”. (7) Section 77 of the Financial Advisers Act 2001 is amended by inserting, immediately after the words “section 68” in paragraph ( c ), the words “as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022 or as continued by section 217(2) of that Act”. (8) Section 82 of the Financial Advisers Act 2001 is amended by deleting the words “section 152 of the Monetary Authority of Singapore Act 1970” in paragraph ( a ) and substituting the words “section 17 of the Financial Services and Markets Act 2022”. (9) Section 105 of the Financial Advisers Act 2001 is amended by deleting the words “section 154(1) of the Monetary Authority of Singapore Act 1970” and substituting the words “section 19(1) of the Financial Services and Markets Act 2022”.


document_id: fsma-2022
provision_ref: s201
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 201
title: Amendment of Financial Holding Companies Act 2013
content:
201. —(1) Section 53 of the Financial Holding Companies Act 2013 is amended by inserting, immediately after paragraph ( c ) of the definition of “prescribed written law”, the following paragraph: “ ( ca ) Financial Services and Markets Act 2022; ”. (2) Section 62 of the Financial Holding Companies Act 2013 is amended — ( a ) by deleting paragraph ( e ) of subsection (1) and substituting the following paragraph: “ ( e ) has had a prohibition order made against him that remains in force; or ”; and ( b ) by inserting, immediately before the definition of “regulatory authority” in subsection (3), the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; ( g ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( h ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(5) of the Financial Services and Markets Act 2022; or ( i ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”.


document_id: fsma-2022
provision_ref: s202
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 202
title: Amendment of Income Tax Act 1947
content:
202. —(1) Subject to subsection (2), section 10I(2) of the Income Tax Act 1947 is amended — ( a ) by deleting the word “either —” in paragraph ( b ) of the definition of “AT1 instrument” and substituting the words “satisfies any of the following:”; ( b ) by deleting the word “or” at the end of paragraph ( b )(i) of the definition of “AT1 instrument”; ( c ) by deleting sub-paragraph (ii) of paragraph ( b ) of the definition of “AT1 instrument” and substituting the following sub‑paragraphs: “ (ii) according to a direction issued under section 28(3) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of the Financial Holding Companies Act 2013 and to MAS Notice 637, may be used to satisfy the capital adequacy requirement of any other financial institution within the meaning of section 27A(6) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of the Financial Holding Companies Act 2013; (iii) according to MAS Notice FHC‑N637, may be used to satisfy the capital adequacy requirement of a financial holding company designated under section 4 of the Financial Holding Companies Act 2013; ”; and ( d ) by inserting, immediately after the definition of “full banking licence”, the following definition: “ “MAS Notice FHC-N637” means the notice commonly known as MAS Notice FHC‑N637 that is issued by the Monetary Authority of Singapore under section 36(1) of the Financial Holding Companies Act 2013, and includes any notice that replaces it; ”. (2) Subsection (1) only applies if the Financial Holding Companies Act 2013 is brought into operation before Part 2 of this Act is brought into operation. (3) Subject to subsection (5), section 10I(2) of the Income Tax Act 1947 is amended — ( a ) by deleting the word “either —” in paragraph ( b ) of the definition of “AT1 instrument” and substituting the words “satisfies any of the following:”; ( b ) by deleting the word “or” at the end of paragraph ( b )(i) of the definition of “AT1 instrument”; and ( c ) by deleting sub-paragraph (ii) of paragraph ( b ) of the definition of “AT1 instrument” and substituting the following sub‑paragraphs: “ (ii) according to a direction issued under section 28(3) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of Part 2 of the Financial Services and Markets Act 2022 and to MAS Notice 637, may be used to satisfy the capital adequacy requirement of any other financial institution within the meaning of section 27A(6) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of Part 2 of the Financial Services and Markets Act 2022; (iii) according to a direction issued under section 4(3) of the Financial Services and Markets Act 2022 and to MAS Notice 637, may be used to satisfy the capital adequacy requirement of any other financial institution within the meaning of section 2 of the Financial Services and Markets Act 2022; ”. (4) Subject to subsection (5), section 10I(2) of the Income Tax Act 1947, as amended by subsection (3), is further amended — ( a ) by deleting sub-paragraph (iii) of paragraph ( b ) of the definition of “AT1 instrument” and substituting the following sub‑paragraphs: “ (iii) according to a direction issued under section 4(3) of the Financial Services and Markets Act 2022 as in force immediately before the date of commencement of the Financial Holding Companies Act 2013 and to MAS Notice 637, may be used to satisfy the capital adequacy requirement of any other financial institution within the meaning of section 2 of the Financial Services and Markets Act 2022 as in force immediately before the date of commencement of the Financial Holding Companies Act 2013; (iv) according to MAS Notice FHC‑N637, may be used to satisfy the capital adequacy requirement of a financial holding company designated under section 4 of the Financial Holding Companies Act 2013; ”; and ( b ) by inserting, immediately after the definition of “full banking licence”, the following definition: “ “MAS Notice FHC-N637” means the notice commonly known as MAS Notice FHC‑N637 that is issued by the Monetary Authority of Singapore under section 36(1) of the Financial Holding Companies Act 2013, and includes any notice that replaces it; ”. (5) Subsections (3) and (4) only apply if the Financial Holding Companies Act 2013 is brought into operation on or after the date Part 2 of this Act is brought into operation.


document_id: fsma-2022
provision_ref: s203
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 203
title: Amendment of Insolvency, Restructuring and Dissolution Act 2018
content:
203. —(1) Section 72U(3) of the Insolvency, Restructuring and Dissolution Act 2018 is amended — ( a ) by inserting, immediately after paragraph ( h ), the following paragraph: “ ( ha ) the Financial Services and Markets Act 2022; ”; and ( b ) by deleting paragraph ( l ). (2) Section 250(7) of the Insolvency, Restructuring and Dissolution Act 2018 is amended — ( a ) by deleting paragraph ( ba ) of the definition of “relevant company”; and ( b ) by inserting, immediately after paragraph ( c ) of the definition of “relevant company”, the following paragraph: “ ( ca ) a financial institution approved under section 4 of the Financial Services and Markets Act 2022; ”. (3) Paragraph 3 of Article 1 of the Third Schedule to the Insolvency, Restructuring and Dissolution Act 2018 is amended — ( a ) by inserting, immediately after sub‑paragraph ( c ), the following sub‑paragraph: “ ( ca ) Part 7 or 8 or section 189 of the Financial Services and Markets Act 2022; ”; and ( b ) by deleting sub-paragraph ( f ).


document_id: fsma-2022
provision_ref: s204
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 204
title: Amendment of Insurance Act 1966
content:
204. —(1) Section 36 of the Insurance Act 1966 is amended — ( a ) by deleting the words “under section 74, or under section 68 of the Financial Advisers Act 2001 or section 101A or 123ZZC of the Securities and Futures Act 2001,” in subsection (1)( g ); and ( b ) by inserting, immediately before the definition of “regulated financial institution” in subsection (3), the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; ( g ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( h ) a prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(5) of the Financial Services and Markets Act 2022; or ( i ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (2) Section 65 of the Insurance Act 1966 is amended by deleting the words “, 73 and 74” in subsection (3) and in the section heading and substituting in each case the words “and 73”. (3) Section 74 of the Insurance Act 1966 is repealed. (4) Section 93(1) of the Insurance Act 1966 is amended by inserting, immediately after the words “section 74” in paragraph ( c ), the words “as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022 or as continued by section 218(2) of that Act”. (5) Section 100(6) of the Insurance Act 1966 is amended by deleting the words “section 152 of the Monetary Authority of Singapore Act 1970” in paragraph ( a ) and substituting the words “section 17 of the Financial Services and Markets Act 2022”. (6) Section 109 of the Insurance Act 1966 is amended by inserting, immediately after paragraph ( c ) of the definition of “prescribed written law”, the following paragraph: “ ( ca ) Financial Services and Markets Act 2022; ”. (7) Section 110 of the Insurance Act 1966 is amended by deleting the words “section 154(1) of the Monetary Authority of Singapore Act 1970” and substituting the words “section 19(1) of the Financial Services and Markets Act 2022”. (8) Section 120(1) of the Insurance Act 1966 is amended by deleting the words “section 54 of the Monetary Authority of Singapore Act 1970” and substituting the words “section 63 of the Financial Services and Markets Act 2022”. (9) Section 123(3) of the Insurance Act 1966 is amended by deleting the words “(within the meaning of section 98 of the Monetary Authority of Singapore Act 1970) from the licensed insurer under section 103, 104, 105 or 106 of that Act” in paragraph ( e ) and substituting the words “(within the meaning of section 107 of the Financial Services and Markets Act 2022) from the licensed insurer under section 112, 113, 114 or 115 of that Act”.


document_id: fsma-2022
provision_ref: s205
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 205
title: Amendment of Monetary Authority of Singapore Act 1970
content:
205. —(1) Section 23(7A) of the Monetary Authority of Singapore Act 1970 is amended — ( a ) by deleting the words “Part 4B” and substituting the words “Part 8 of the Financial Services and Markets Act 2022”; and ( b ) by deleting the words “Division 5B of that Part” in paragraph ( a ) and substituting the words “Division 10 of Part 8 of that Act”. (2) The Monetary Authority of Singapore Act 1970 is amended — ( a ) by repealing sections 27 to 29; ( b ) by repealing Part 4A (sections 31 to 48); ( c ) by repealing Part 4B (sections 49 to 126); ( d ) by repealing Part 5C (sections 152 to 163); and ( e ) by repealing section 177. (3) Section 29A of the Monetary Authority of Singapore Act 1970 is amended by inserting, immediately after subsection (4), the following subsection: “ (4A) The Authority may recover from the relevant participant the amount of any fees payable to the Authority under any rules made under subsection (4) as a civil debt due to the Authority. ”. (4) Section 178 of the Monetary Authority of Singapore Act 1970 is amended by deleting the words “Parts 4A, 5A and 5B and any regulations made under section 27A, 27B, 28A, 41, 51, 144 or 151” in subsections (1) and (2)( a ) and substituting in each case the words “Parts 5A and 5B and any regulations made under section 144 or 151”. (5) The Schedule to the Monetary Authority of Singapore Act 1970 is amended by inserting, immediately before item 13, the following item: “ 12B. Financial Services and Markets Act 2022 ”.


document_id: fsma-2022
provision_ref: s206
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 206
title: Amendment of Mutual Assistance in Criminal Matters Act 2000
content:
206. —(1) Section 2(1) of the Mutual Assistance in Criminal Matters Act 2000 is amended by deleting the definition of “financial institution” and substituting the following definition: “ “financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022; ”. (2) The Second Schedule to the Mutual Assistance in Criminal Matters Act 2000 is amended — ( a ) by inserting, immediately after item 105, the following heading and item: “ Financial Services and Markets Act 2022 — Offence included with effect from the date of commencement of section 206 of the Financial Services and Markets Act 2022 105A. Section 15(5) Failure or refusal to comply with direction, or contravention of regulations, issued or made to discharge Government’s international obligations, etc. ”; and ( b ) by inserting, immediately after the words “Section 27A(5)” in item 171, the words “(as in force immediately before the date of commencement of section 206 of the Financial Services and Markets Act 2022)”.


document_id: fsma-2022
provision_ref: s207
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 207
title: Amendment of Payment Services Act 2019
content:
207. —(1) Section 2(1) of the Payment Services Act 2019 is amended by inserting, immediately after the definition of “place of business”, the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ( e ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; ( f ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; or ( g ) a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”. (2) Section 11(2) of the Payment Services Act 2019 is amended — ( a ) by deleting the words “, or continues to fail,” in paragraph ( d ); ( b ) by deleting the word “or” at the end of paragraph ( k )(ii); and ( c ) by deleting the full-stop at the end of paragraph ( l ) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph: “ ( m ) the licensee has failed, or continues to fail, to comply with any written notice issued by the Authority under the Financial Services and Markets Act 2022. ”. (3) The Payment Services Act 2019 is amended by deleting the words “under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966 or section 101A of the Securities and Futures Act 2001” in the following provisions: Section 34(6)( e ) Section 35(2)( e ) Section 65(6)( e ) Section 66(2)( e ). (4) Section 73(11) of the Payment Services Act 2019 is amended by inserting, immediately after paragraph ( f ), the following paragraph: “ ( fa ) Financial Services and Markets Act 2022; ”. (5) Section 84 of the Payment Services Act 2019 is amended by inserting, immediately after paragraph ( d ) of the definition of “prescribed written law”, the following paragraph: “ ( da ) Financial Services and Markets Act 2022; ”.


document_id: fsma-2022
provision_ref: s208
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 208
title:
Amendment of Precious Stones and Precious Metals (Prevention of Money Laundering and Terrorism Financing) Act 2019

content:
208. Section 2 of the Precious Stones and Precious Metals (Prevention of Money Laundering and Terrorism Financing) Act 2019 is amended by deleting the definition of “financial institution” and substituting the following definition: “ “financial institution” has the meaning given by section 2 of the Financial Services and Markets Act 2022; ”.


document_id: fsma-2022
provision_ref: s209
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 209
title: Amendment of Securities and Futures Act 2001
content:
209. —(1) Section 2(1) of the Securities and Futures Act 2001 is amended — ( a ) by inserting, immediately after the definition of “franchise”, the following definition: “ “FSMA prohibition order” means a prohibition order made under section 7(1) of the Financial Services and Markets Act 2022; ”; ( b ) by inserting, immediately after paragraph ( c ) of the definition of “prescribed written law”, the following paragraph: “ ( ca ) Financial Services and Markets Act 2022; ”; ( c ) by inserting, immediately after the definition of “regulated activity”, the following definition: “ “related Acts prohibition order” means — ( a ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022; ( b ) a prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of the Financial Services and Markets Act 2022, and as continued by section 217(2) of the Financial Services and Markets Act 2022; ( c ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022; or ( d ) an order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of the Financial Services and Markets Act 2022, and as continued by section 218(2) of the Financial Services and Markets Act 2022; ”; and ( d ) by inserting, immediately after the definition of “responsible person”, the following definitions: “ “section 101A prohibition order” means — ( a ) a prohibition order made under section 101A as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; or ( b ) a prohibition order made under section 101A as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(3) of the Financial Services and Markets Act 2022; “section 123ZZC prohibition order” means — ( a ) a prohibition order made under section 123ZZC as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022; or ( b ) a prohibition order made under section 123ZZC(1) as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022, and as continued by section 220(5) of the Financial Services and Markets Act 2022; ”. (2) Section 4A(1) of the Securities and Futures Act 2001 is amended by inserting, immediately after the words “the Finance Companies Act 1967,” in paragraph ( c )(xxiii), the words “the Financial Services and Markets Act 2022,”. (3) The Securities and Futures Act 2001 is amended by deleting the words “Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970” in the following provisions and substituting in each case the words “Division 2, 4, 5 or 6 of Part 8 of the Financial Services and Markets Act 2022”: Section 14(1)( e ) Section 46H(1)( da ) Section 56(1)( da ) Section 81Z(1)( da ) Section 95(2)( ea ) Section 289(4A). (4) Section 85(2) of the Securities and Futures Act 2001 is amended by deleting paragraph ( d ) and substituting the following paragraph: “ ( d ) a section 101A prohibition order or an FSMA prohibition order has been made against the holder of a capital markets services licence. ”. (5) The Securities and Futures Act 2001 is amended by deleting the words “a prohibition order under section 101A has been made by the Authority” in the following provisions and substituting in each case the words “a section 101A prohibition order or an FSMA prohibition order has been made”: Section 86(4)( o ) and (6)( d ) Section 95(2)( h ) and (5)( d ) Section 96(4)( aa ) Section 97B(2)( c ) Section 99M(1)( p ) and (10)( c ). (6) The Securities and Futures Act 2001 is amended by deleting the words “a prohibition order under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966 or section 101A or 123ZZC” in section 97(1)( g ) and substituting the words “a related Acts prohibition order, a section 101A prohibition order, a section 123ZZC prohibition order or an FSMA prohibition order”. (7) Section 99A(2) of the Securities and Futures Act 2001 is amended — ( a ) by deleting sub-paragraph (iii) of paragraph ( a ) and substituting the following sub‑paragraph: “ (iii) a section 101A prohibition order or an FSMA prohibition order has been made against it, ”; and ( b ) by deleting sub-paragraph (i a ) of paragraph ( b ) and substituting the following sub‑paragraph: “ (i a ) a section 101A prohibition order or an FSMA prohibition order has been made against the representative; or ”. (8) Section 99D(4) of the Securities and Futures Act 2001 is amended by deleting the words “or a prohibition order under section 101A” in paragraph ( c ) and substituting the words “, or a section 101A prohibition order or an FSMA prohibition order”. (9) The Securities and Futures Act 2001 is amended by repealing the following sections: Section 101A Section 101B Section 101C Section 101D Section 123ZZC Section 123ZZD Section 123ZZE Section 123ZZF. (10) The Securities and Futures Act 2001 is amended by deleting the words “a prohibition order under section 123ZZC has been made by the Authority” in the following provisions and substituting in each case the words “a section 123ZZC prohibition order or an FSMA prohibition order has been made”: Section 123F(6)( p ) and (8)( d ) Section 123J(1)( l ) and (6)( e ) Section 123N(1)( k ) and (3)( e ) Section 123X(6)( b ) Section 123ZA(2)( c ) Section 123ZE(5)( o ) and (7)( d ) Section 123ZG(1)( k ) and (6)( e ) Section 123ZT(6)( b ) Section 123ZW(2)( c ). (11) Section 123I(3) of the Securities and Futures Act 2001 is amended by deleting paragraph ( c ) and substituting the following paragraph: “ ( c ) a section 123ZZC prohibition order or an FSMA prohibition order has been made against the authorised benchmark administrator. ”. (12) Section 123M(3) of the Securities and Futures Act 2001 is amended by deleting paragraph ( c ) and substituting the following paragraph: “ ( c ) a section 123ZZC prohibition order or an FSMA prohibition order has been made against the exempt benchmark administrator. ”. (13) The Securities and Futures Act 2001 is amended by deleting the words “a prohibition order under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966, or section 101A or 123ZZC” in section 123Y(1)( g ) and substituting the words “a related Acts prohibition order, a section 101A prohibition order, a section 123ZZC prohibition order or an FSMA prohibition order”. (14) The Securities and Futures Act 2001 is amended by deleting the words “a prohibition order under section 68 of the Financial Advisers Act 2001, section 74 of the Insurance Act 1966, section 101A or 123ZZC” in the following provisions and substituting in each case the words “a related Acts prohibition order, a section 101A prohibition order, a section 123ZZC prohibition order or an FSMA prohibition order”: Section 123ZU(1)( g ) Section 292A(1)( g ). (15) Section 150B of the Securities and Futures Act 2001 is amended — ( a ) by deleting the words “section 152 of the Monetary Authority of Singapore Act 1970” in subsection (4A)( a ) and substituting the words “section 17 of the Financial Services and Markets Act 2022”; and ( b ) by inserting, immediately after the words “Monetary Authority of Singapore Act 1970” in subsection (5), the words “or any of the written laws set out in the Schedule to that Act”. (16) Section 169A of the Securities and Futures Act 2001 is amended by deleting the words “section 154(1) of the Monetary Authority of Singapore Act 1970” and substituting the words “section 19(1) of the Financial Services and Markets Act 2022”. (17) Section 317 of the Securities and Futures Act 2001 is amended — ( a ) by deleting the words “101A(7) and (8),” in subsection (1); and ( b ) by inserting, immediately after the words “section 101A(7) and (8)” in subsection (2)( a ), the words “as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the Financial Services and Markets Act 2022”. (18) Section 322(2) of the Securities and Futures Act 2001 is amended by deleting the words “prohibition order” in paragraph ( b ) and substituting the words “section 101A prohibition order or a section 123ZZC prohibition order”.


document_id: fsma-2022
provision_ref: s210
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 210
title: Amendment of Trust Companies Act 2005
content:
210. —(1) Section 10(2) of the Trust Companies Act 2005 is amended by deleting the words “Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970” in paragraph ( e ) and substituting the words “Division 2, 4, 5 or 6 of Part 8 of the Financial Services and Markets Act 2022”. (2) Section 47(6) of the Trust Companies Act 2005 is amended by deleting the words “section 152 of the Monetary Authority of Singapore Act 1970” in paragraph ( a ) and substituting the words “section 17 of the Financial Services and Markets Act 2022”.


document_id: fsma-2022
provision_ref: s211
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 211
title: Amendment of United Nations Act 2001
content:
211. Section 2(2) of the United Nations Act 2001 is amended by deleting the words “directions issued or regulations made by the Monetary Authority of Singapore under section 27A of the Monetary Authority of Singapore Act 1970” and substituting the words “directions issued by the Monetary Authority of Singapore under section 15 of the Financial Services and Markets Act 2022, or regulations made by the Monetary Authority of Singapore under section 192 of the Financial Services and Markets Act 2022 for the purposes of section 15 of that Act”.


document_id: fsma-2022
provision_ref: s212
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 212
title: Amendment of Variable Capital Companies Act 2018
content:
212. —(1) Section 2(1) of the Variable Capital Companies Act 2018 is amended — ( a ) by inserting, immediately after the definition of “financial year”, the following definition: “ “FSMA 2022” means the Financial Services and Markets Act 2022; ”; and ( b ) by inserting, immediately after the definition of “profit and loss account”, the following definition: “ “prohibition order” means — ( a ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the FSMA 2022; ( b ) a prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of the FSMA 2022, and as continued by section 220(3) of the FSMA 2022; or ( c ) a prohibition order made under section 7(1) of the FSMA 2022; ”. (2) Section 58 of the Variable Capital Companies Act 2018 is amended by deleting the words “under section 101A(1) of the Securities and Futures Act 2001” in subsections (1)( e ) and (4)( f ). (3) Section 83(6) of the Variable Capital Companies Act 2018 is amended by deleting the words “section 27A of the MAS Act” and substituting the words “section 192 of the FSMA 2022 for the purposes of section 15 of that Act”. (4) Section 84(5) of the Variable Capital Companies Act 2018 is amended by deleting the words “section 27B of the MAS Act” and substituting the words “section 192 of the FSMA 2022 for the purposes of section 16 of that Act”. (5) Section 85 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting the words “section 152(1) of the MAS Act” in subsections (6) and (9) and substituting in each case the words “section 17(1) of the FSMA 2022”; ( b ) by deleting the words “section 27F(1) of the MAS Act” in subsection (7)( a ) and substituting the words “section 172(1) of the FSMA 2022”; ( c ) by deleting the words “section 155(1), 157(1) or 160 of the MAS Act” in subsection (7)( b ) and substituting the words “section 20(1), 22(1) or 25 of the FSMA 2022”; ( d ) by deleting the words “Section 27D of the MAS Act” in subsection (8) and substituting the words “Section 170 of the FSMA 2022”; ( e ) by deleting the words “section 27C(1)” in subsections (8) and (11) and substituting in each case the words “section 169(1)”; ( f ) by deleting the words “section 27D of the MAS Act” in subsection (9) and substituting the words “section 170 of the FSMA 2022”; ( g ) by deleting the words “Section 27E of the MAS Act” in subsection (10) and substituting the words “Section 171 of the FSMA 2022”; ( h ) by deleting the words “Section 27F of the MAS Act” in subsection (11) and substituting the words “Section 172 of the FSMA 2022”; ( i ) by deleting the words “section 27F(1) of the MAS Act” in subsection (11)( a ) and ( b ) and substituting in each case the words “section 172(1) of the FSMA 2022”; ( j ) by deleting the words “section 152(1)” in subsection (11)( a ), ( b ) and ( c ) and substituting in each case the words “section 17(1)”; and ( k ) by deleting the words “section 27F(2) of the MAS Act” in subsection (11)( c ) and substituting the words “section 172(2) of the FSMA 2022”. (6) Section 86 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting the words “section 152 of the MAS Act” in the definitions of “AML/CFT authority”, “supervision” and “supervisory action” and “AML/CFT requirement”, “applicable offence”, “domestic authority”, “employee”, “enforcement action”, “foreign country”, “information”, “investigation” and “public authority” in subsection (1) and substituting in each case the words “section 17 of the FSMA 2022”; ( b ) by deleting the words “section 152 of the MAS Act” in paragraph ( c ) of the definition of “corresponding authority” in subsection (1) and substituting the words “section 17 of the FSMA 2022”; ( c ) by deleting the words “section 152 of the MAS Act” in the definition of “foreign financial institution” in subsection (1) and substituting the words “section 17 of the FSMA 2022”; and ( d ) by deleting the words “section 152 of the MAS Act” in subsection (3) and substituting the words “section 17 of the FSMA 2022”. (7) Section 88 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting the words “Division 2 of Part 5C of the MAS Act” and substituting the words “Subdivision (2) of Division 2 of Part 4 of the FSMA 2022”; ( b ) by deleting the words “section 152” and substituting the words “section 17”; ( c ) by deleting the words “that Division” and substituting the words “that subdivision”; ( d ) by deleting paragraph ( a ); ( e ) by deleting the words “section 154(1)( g )(ii) of the MAS Act” in paragraph ( b ) and substituting the words “section 19(1)( g )(ii) of the FSMA 2022”; ( f ) by deleting paragraph ( c ) and substituting the following paragraph: “ ( c ) the reference in section 19(3)( a ) of the FSMA 2022 to any direction issued under section 15 or 16 of that Act, or to any regulations made under section 192 of that Act for the purposes of section 15 or 16 of that Act (as the case may be), is to a direction or regulation issued or made under section 83 or 84, as the case may be; ”; ( g ) by deleting the words “section 155 of the MAS Act” in paragraph ( d ) and substituting the words “section 20 of the FSMA 2022”; ( h ) by deleting the words “section 152(1)” in paragraph ( d ) and substituting the words “section 17(1)”; and ( i ) by deleting the words “section 155(2)( a ) of the MAS Act” in paragraphs ( e ) and ( f ) and substituting in each case the words “section 20(2)( a ) of the FSMA 2022”. (8) Section 89 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting the words “Division 3 of Part 5C of the MAS Act” and substituting the words “Subdivision (3) of Division 2 of Part 4 of the FSMA 2022”; ( b ) by deleting the words “that Division” and substituting the words “that subdivision”; ( c ) by deleting paragraph ( a ); ( d ) by deleting the words “section 157 of the MAS Act” in paragraph ( b ) and substituting the words “section 22 of the FSMA 2022”; ( e ) by deleting the words “section 152(1)” in paragraph ( b ) and substituting the words “section 17(1)”; and ( f ) by deleting the words “section 157(2) of the MAS Act” in paragraphs ( c ) and ( d ) and substituting in each case the words “section 22(2) of the FSMA 2022”. (9) Section 90 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting the words “Division 4 of Part 5C of the MAS Act” in subsection (1) and substituting the words “Subdivision (4) of Division 2 of Part 4 of the FSMA 2022”; ( b ) by deleting the words “section 160 of the MAS Act” in subsection (2) and substituting the words “section 25 of the FSMA 2022”; and ( c ) by deleting the words “section 152(1) of the MAS Act” in subsection (2) and substituting the words “section 17(1) of the FSMA 2022”. (10) Section 91 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting the words “Sections 161 and 162 of the MAS Act” in subsection (1) and substituting the words “Sections 26 and 27 of the FSMA 2022”; ( b ) by deleting the words “section 152 of the MAS Act” in subsection (1) and substituting the words “section 17 of the FSMA 2022”; ( c ) by deleting the words “section 161(5) of the MAS Act” in subsection (1)( a ) and substituting the words “section 26(5) of the FSMA 2022”; ( d ) by deleting the words “section 162(3) of the MAS Act” in subsection (1)( b ) and substituting the words “section 27(3) of the FSMA 2022”; ( e ) by deleting the words “sections 161 and 162 of the MAS Act” in subsection (1)( c ) and substituting the words “sections 26 and 27 of the FSMA 2022”; ( f ) by deleting the words “Section 163 of the MAS Act” in subsection (2) and substituting the words “Section 28 of the FSMA 2022”; and ( g ) by deleting the words “section 161 of the MAS Act” wherever they appear in subsection (2) and substituting in each case the words “section 26 of the FSMA 2022”. (11) Section 92 of the Variable Capital Companies Act 2018 is amended — ( a ) by deleting subsection (1) and substituting the following subsection: “ (1) Section 174 (except subsection (7)) and section 175 (except subsection (7)) of the FSMA 2022 apply in relation to an offence committed under this Part as they apply in relation to an offence committed under the FSMA 2022. ”; and ( b ) by deleting the words “section 28B of the MAS Act” in subsection (2) and substituting the words “sections 174 and 175 of the FSMA 2022”. (12) Section 95 of the Variable Capital Companies Act 2018 is amended by deleting subsection (5).


document_id: fsma-2022
provision_ref: s213
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 213
title: Amendment of Securities and Futures (Amendment) Act 2017
content:
213. —(1) Subject to subsection (2), section 203 of the Securities and Futures (Amendment) Act 2017 is repealed. (2) Subsection (1) only applies if section 203 of the Securities and Futures (Amendment) Act 2017 has not been brought into operation before the date on which section 201(2) of this Act is brought into operation.


document_id: fsma-2022
provision_ref: s214
chapter: PART 13 - CONSEQUENTIAL AND RELATED
section: 214
title: Amendment of Financial Services and Markets Act 2022
content:
214. Section 6 of the Financial Services and Markets Act 2022 is amended by deleting the definition of “digital payment token instrument” and substituting the following definition: “ “digital payment token instrument” has the meaning given by section 2(1) of the Payment Services Act 2019; ”.


document_id: fsma-2022
provision_ref: s215
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 215
title: Saving and transitional provisions in relation to amendments to Banking Act 1970
content:
215. For the purposes of sections 20(1)( b ) and (7) and 55ZA(1)( b )(ii) and (7)( b ) of the Banking Act 1970, the exercise of any power by the Minister under Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 193 of this Act (called in this section the repeal date) — ( a ) in relation to a bank mentioned in section 20(1)( b ) of the Banking Act 1970 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that bank; ( b ) in relation to a bank mentioned in section 20(7) of the Banking Act 1970 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that bank; ( c ) in relation to a merchant bank mentioned in section 55ZA(1)( b )(ii) of the Banking Act 1970 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that merchant bank; and ( d ) in relation to a merchant bank mentioned in section 55ZA(7)( b ) of the Banking Act 1970 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that merchant bank.


document_id: fsma-2022
provision_ref: s216
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 216
title: Saving and transitional provisions in relation to amendments to Finance Companies Act 1967
content:
216. For the purposes of section 15(1)( c )(ii) of the Finance Companies Act 1967, the exercise of any power by the Minister under Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 199 of this Act (called in this section the repeal date) in relation to a finance company mentioned in section 15(1)( c )(ii) of the Finance Companies Act 1967 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that finance company.


document_id: fsma-2022
provision_ref: s217
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 217
title: Saving and transitional provisions in relation to amendments to Financial Advisers Act 2001
content:
217. —(1) Any prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)( b ) and (2) to (7) of this Act (called in this section the repeal date) and which was in force immediately before the repeal date continues in force until the prohibition order expires or is revoked and sections 68 to 71, section 77 and Part 9 (“Appeals”), of the Financial Advisers Act 2001 in force immediately before the repeal date continue to apply to that prohibition order as if section 200(1)( b ) and (2) to (7) of this Act had not been enacted. (2) Where — ( a ) the Authority had under section 68(3) of the Financial Advisers Act 2001 as in force immediately before the repeal date given a person an opportunity to be heard against the making of a proposed prohibition order under section 68(1) of that Act as in force immediately before the repeal date; and ( b ) the Authority had not before the repeal date — (i) made the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001; or (ii) informed the person that the Authority would not be making the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001, then — ( c ) the Authority may make the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the repeal date; and ( d ) sections 68 to 71, section 77 and Part 9 (“Appeals”), of the Financial Advisers Act 2001 as in force immediately before the repeal date continue to apply to the prohibition order, as if section 200(1)( b ) and (2) to (7) of this Act had not been enacted.


document_id: fsma-2022
provision_ref: s218
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 218
title: Saving and transitional provisions in relation to amendments to Insurance Act 1966
content:
218. —(1) Any order made under section 74(1) of the Insurance Act 1966 as in force immediately before the date of commencement of section 204(1) to (4) of this Act (called in this section the repeal date) and which was in force immediately before the repeal date continues in force until the order expires or is revoked and section 74 and Part 3B (“Appeals”) of the Insurance Act 1966 in force before the repeal date continue to apply to that order as if section 204(1) to (4) of this Act had not been enacted. (2) Where — ( a ) the Authority had under section 74(2) of the Insurance Act 1966 as in force immediately before the repeal date given a person written notice of the Authority’s intention to make an order under section 74(1) of the Insurance Act 1966 as in force immediately before the repeal date; ( b ) the Authority had in the notice called upon the person to show cause why the person should not be prohibited from the activities mentioned in section 74(2)( b ) of the Insurance Act 1966 as in force immediately before the repeal date; and ( c ) the Authority had not before the repeal date — (i) made the order against the person under section 74(1) of the Insurance Act 1966 as in force before the repeal date; or (ii) informed the person that the Authority would not be making the order against the person under section 74(1) of the Insurance Act 1966 as in force before the repeal date, then — ( d ) the Authority may make the order against the person under section 74(1) of the Insurance Act 1966 as in force immediately before the repeal date; and ( e ) section 74 and Part 3B (“Appeals”) of the Insurance Act 1966 as in force immediately before the repeal date continue to apply to the order, as if section 204(1) to (4) of this Act had not been enacted.


document_id: fsma-2022
provision_ref: s219
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 219
title:
Saving and transitional provisions in relation to amendments to Monetary Authority of Singapore Act 1970

content:
219. So far as it is not inconsistent with the provisions of this Act — ( a ) any request for information by, recommendation made or direction of, the Authority under section 27(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues in force as if made under section 3(1) of this Act; ( b ) any direction of the Authority under section 27(3) of the Monetary Authority of Singapore Act 1970 as in force immediately before the commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues in force as if made under section 3(3) of this Act; ( c ) any direction issued by the Authority under section 27A(1)( a ) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues in force as if made under section 15(1)( a ) of this Act; ( d ) any regulations made by the Authority under section 27A(1)( b ) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which were in force immediately before that date continue in force as if made under section 192 of this Act until they are repealed by regulations made under section 192 of this Act; ( e ) any direction issued by the Authority under section 27B(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues in force as if made under section 16(1) of this Act; ( f ) any regulations made by the Authority under section 27B(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which were in force immediately before that date continue in force as if made under section 192 of this Act until they are repealed by regulations made under section 192 of this Act; ( g ) any inspection carried out or being carried out by the Authority under section 27C(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act is treated as if the inspection were carried out or is being carried out under section 169(1) of this Act and the provisions of sections 169 and 170 of this Act apply to that inspection accordingly; ( h ) any obligation of confidentiality imposed in respect of a written report under section 27E of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues as if the written report were a written report mentioned in section 171 of this Act; ( i ) any approval granted in respect of a written report under section 27E(2)( c ), and any condition or restriction of approval imposed under section 27E(3), of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which were in force immediately before that date continue in force as if granted and imposed (respectively) under section 171(2)( c ) or (3) of this Act; ( j ) the power of the Authority or any person authorised by the Authority to transmit any information obtained by the Authority from an inspection under section 27F(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act continues as if the information were information mentioned in section 172(1) of this Act; ( k ) any approval granted by the Authority under section 28(1), and any condition of approval imposed under section 28(2)( c ), of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which were in force immediately before that date continue in force as if granted and imposed (respectively) under section 4(1) and (2)( b ) of this Act; ( l ) any direction issued to an approved financial institution or a class of approved financial institutions by the Authority under section 28(3) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues in force as if issued under section 4(3) of this Act to the approved financial institution or class of approved financial institutions; ( m ) any guidelines issued and conditions imposed by the Authority under section 28(4) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which were in force immediately before that date continue in force as if issued and imposed (respectively) under section 4(4) of this Act; ( n ) any approval of a dispute resolution scheme under section 28A(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues and is deemed to be an approval under section 31(1) of this Act; ( o ) any regulations made by the Authority under section 28A(2) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which were in force immediately before that date continue in force (to the extent that it is not inconsistent with Part 6 of this Act) as if made under section 192 of this Act until they are repealed by regulations made under section 192 of this Act; ( p ) any conditions or restrictions of registration, licence or approval mentioned in section 28A(4)( b ) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act that were imposed by the Authority before that date and in force immediately before that date, continue in force as if they were conditions or restrictions mentioned in section 36(3)( b ) of this Act; ( q ) any requirement by the Authority to pay any fee under section 29 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( a ) of this Act and which was in force immediately before that date continues in force as if it were a requirement under section 5 of this Act; ( r ) where the Authority or the Minister (as the case may be) has exercised in relation to any person or matter any power under any provision of Part 4A of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( b ) of this Act (called in this paragraph the repeal date), and the matter for which the power was exercised is still ongoing on or after the repeal date, the Authority or the Minister (as the case may be) is on and after the repeal date treated as having exercised the power in relation to that person or matter under the corresponding provision of Part 7 of this Act, and the provisions of Part 7 of this Act apply accordingly; ( s ) any requirement of the Authority, appointment of statutory adviser by the Authority, assumption of control or management of the business of a relevant financial institution by the Authority, or appointment of a statutory manager by the Authority, made under section 33(2) of the Monetary Authority of Singapore Act 1970 and in force immediately before the date of commencement of section 205(2)( b ) of this Act and which was in force immediately before that date is treated as if it were made under section 41(2) of this Act, and the provisions of Part 7 of this Act apply accordingly; ( t ) in addition to paragraph ( s ), any person appointed by the Authority under section 13B of the Monetary Authority of Singapore Act 1970 in relation to the assumption of control or management of the business of a relevant financial institution by the Authority under section 33(2) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( b ) of this Act, and whose appointment as such was in force immediately before that date, is treated as a person appointed in relation to that matter under section 179 of this Act; ( u ) where the Authority or the Minister (as the case may be) has exercised in relation to any person or matter any power under any provision of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( c ) of this Act (called in this paragraph the repeal date), and the matter for which the power was exercised is still ongoing on or after the repeal date, the Authority or the Minister (as the case may be) is on and after the repeal date treated as having exercised the power in relation to that person or matter under the corresponding provision of Part 8 of this Act, and the provisions of Part 8 of this Act apply accordingly; ( v ) any request by a foreign resolution authority for assistance mentioned in section 87(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( c ) of this Act and which had not been dealt with immediately before that date, is treated as made, and may be dealt with, under the corresponding provisions of Division 8 of Part 8 of this Act; ( w ) any request by a domestic authority for any material in relation to the resolution of a specified financial institution mentioned in section 90 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( c ) of this Act and which had not been dealt with immediately before that date, is treated as made, and may be dealt with, under the corresponding provisions of Division 8 of Part 8 of this Act; ( x ) where the Minister has established a resolution fund and appointed a trustee of the resolution fund under section 99(1) and (2), respectively, of the Monetary Authority of Singapore Act 1970 in force immediately before the date of commencement of section 205(2)( c ) of this Act — (i) the resolution fund and the appointment of the trustee of the resolution fund continue in force as if established and appointed under section 108(1) and (2) respectively of this Act; and (ii) any sum claimed by the trustee under section 103, 104, 105 or 106 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( c ) of this Act is, on or after that date, treated as a sum claimed by the trustee under section 112, 113, 114 or 115 of this Act; ( y ) any reference in any written law to a “resolution measure” as defined in section 98 of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( c ) of this Act, is on and after that date taken to be a resolution measure as defined in section 107 of this Act; ( z ) any valuer appointed under section 115(1) of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 205(2)( c ) of this Act for a Division 5C FI, that is also a Division 11 FI under resolution within the meaning of section 121 of this Act because of the operation of paragraph ( u ), is on and after that date, treated as a valuer appointed under section 124 of this Act for the Division 11 FI; and any valuation conducted by the valuer before that date of that Division 5C FI is treated as a valuation conducted under section 124 of this Act; ( za ) any order, direction or approval of a Court under any provision of Parts 4A and


document_id: fsma-2022
provision_ref: s220
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 220
title: Saving and transitional provisions in relation to amendments to Securities and Futures Act 2001
content:
220. —(1) For the purposes of sections 14(1)( e ), 46H(1)( da ), 56(1)( da ), 81Z(1)( da ), 95(2)( ea ) and 289(4A) of the Securities and Futures Act 2001, the exercise by the Minister of any power under Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 209(3) of this Act (called in this subsection the repeal date) — ( a ) in relation to a corporation mentioned in section 14(1)( e ) of the Securities and Futures Act 2001 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that corporation; ( b ) in relation to a corporation mentioned in section 46H(1)( da ) of the Securities and Futures Act 2001 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that corporation; ( c ) in relation to a corporation mentioned in section 56(1)( da ) of the Securities and Futures Act 2001 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that corporation; ( d ) in relation to a corporation mentioned in section 81Z(1)( da ) of the Securities and Futures Act 2001 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that corporation; ( e ) in relation to a holder of a capital markets services licence mentioned in section 95(2)( ea ) of the Securities and Futures Act 2001 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that holder; and ( f ) in relation to an approved trustee mentioned in section 289(4A) of the Securities and Futures Act 2001 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that approved trustee. (2) Any prohibition order made under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) (called in this subsection the repeal date) and which was in force immediately before the repeal date, continues in force until the prohibition order expires or is revoked and sections 101A to 101D, section 322 and Part 14 (“Appeals”), of the Securities and Futures Act 2001 as in force immediately before the repeal date continue to apply to that prohibition order as if section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of this Act had not been enacted. (3) Where — ( a ) the Authority had under section 101A(4) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) (called in this subsection the repeal date) given a person an opportunity to be heard against the making of a proposed prohibition order under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the repeal date; and ( b ) the Authority had not before the repeal date — (i) made the prohibition order against the person under section 101A(1) of the Securities and Futures Act 2001; or (ii) informed the person that the Authority would not be making the prohibition order against the person under section 101A(1) of the Securities and Futures Act 2001, then — ( c ) the Authority may make the prohibition order against the person under section 101A(1) of the Securities and Futures Act 2001 as in force immediately before the repeal date; and ( d ) sections 101A to 101D, section 322 and Part 14 (“Appeals”), of the Securities and Futures Act 2001 as in force immediately before the repeal date continue to apply to the prohibition order, as if section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of this Act had not been enacted. (4) Any prohibition order made under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) (called in this subsection the repeal date) and which was in force immediately before the repeal date continues in force until the order expires or is revoked and sections 123ZZC to 123ZZF, section 322 and Part 14 (“Appeals”), of the Securities and Futures Act 2001 as in force immediately before the repeal date continue to apply to that prohibition order as if section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of this Act had not been enacted. (5) Where — ( a ) the Authority had under section 123ZZC(4) of the Securities and Futures Act 2001 as in force immediately before the date of commencement of section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) (called in this subsection the repeal date) given a person an opportunity to be heard against the making of a proposed prohibition order under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the repeal date; and ( b ) the Authority had not before the repeal date — (i) made the prohibition order under section 123ZZC(1) of the Securities and Futures Act 2001; or (ii) informed the person that the Authority would not be making the prohibition order against the person under section 123ZZC(1) of the Securities and Futures Act 2001, then — ( c ) the Authority may make the prohibition order against the person under section 123ZZC(1) of the Securities and Futures Act 2001 as in force immediately before the repeal date; and ( d ) sections 123ZZC to 123ZZF, section 322 and Part 14 (“Appeals”), of the Securities and Futures Act 2001 as in force immediately before the repeal date continue to apply to the prohibition order, as if section 209(1)( a ), ( c ) and ( d ), (4) to (14), (17) and (18) of this Act had not been enacted.


document_id: fsma-2022
provision_ref: s221
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 221
title: Saving and transitional provisions in relation to amendments to Trust Companies Act 2005
content:
221. For the purposes of section 10(2)( e ) of the Trust Companies Act 2005, the exercise of any power by the Minister under Division 2, 3, 4 or 4A of Part 4B of the Monetary Authority of Singapore Act 1970 as in force immediately before the date of commencement of section 210 (called in this section the repeal date) in relation to a licensed trust company mentioned in section 10(2)( e ) of the Trust Companies Act 2005 as in force before the repeal date, is on and after the repeal date treated as the exercise of the power of the Minister under the corresponding provision of Division 2, 4, 5 or 6 of Part 8 of this Act in relation to that licensed trust company.


document_id: fsma-2022
provision_ref: s222
chapter: PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS
section: 222
title: Other saving and transitional provisions
content:
222. For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent to the enactment of that provision as the Minister may consider necessary or expedient.


document_id: fssa-2025
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Food Safety and Security Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: fssa-2025
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Purposes of Act
content:
2. The purposes of this Act are — ( a ) to improve food security in Singapore through maintaining in Singapore a minimum quantity of stocks of certain foods and agri‑food production inputs, and measures to mitigate the impact of agri‑food supply chain disruptions on Singapore; ( b ) to increase production of primary produce on a sustainable basis in Singapore so as to contribute to food security in Singapore; ( c ) to ensure that food in Singapore is safe and suitable for human consumption and that non‑packaged drinking water in Singapore is not unwholesome; ( d ) to improve traceability systems to enable food to be more efficiently and effectively recalled due to food safety concerns; ( e ) to ensure provision of adequate information relating to food to enable consumers to make informed choices and to prevent misleading conduct in connection with the supply of food; ( f ) to provide for the compliance of imported food and other import‑controlled items with Singapore’s standards and requirements of public health and safety; ( g ) to ensure that any export‑controlled item that is exported meets relevant importing country requirements to enable and maintain overseas market access for export‑controlled items exported from Singapore; ( h ) to minimise and manage the risks to human health from plant pesticides and animal feed in primary production activities; and ( i ) to support national nutritional standards or national dietary recommendations directed at preventing diet‑related non‑communicable diseases among the general public or at promoting health and wellbeing at all ages.


document_id: fssa-2025
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: General interpretation
content:
3. —(1) In this Act — “advertise” or “advertising”, as a verb, has the meaning given by section 7(2); “advertisement” has the meaning given by section 7(5); “Agency” means the Singapore Food Agency established by the Singapore Food Agency Act 2019; “agri‑food production input” means any of the following to the extent that it is essential in undertaking any primary production activity: ( a ) any animal feed; ( b ) any plant pesticide; ( c ) any animal reproductive material from a food producing animal; ( d ) any young of a food producing animal; ( e ) any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow; ( f ) any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals; ( g ) any vitamin or mineral substance or other substances suitable for, or used for, administration or application to an animal or plant by any means, or consumption by an animal, as a way of directly or indirectly improving growth or modifying the physiology of the animal or plant so as to alter its natural development, productivity, quality or reproductive capacity, and excludes any primary produce; “agri‑food supply chain” and “agri‑food supply chain participant” have the meanings given by section 18(1); “aircraft” includes an unmanned aircraft; “analysis” includes any examination or testing of food or any other thing; “animal” means — ( a ) any fish; ( b ) any reptile; ( c ) any amphibian; ( d ) any bird; ( e ) any mammal (other than man); ( f ) any invertebrate, regardless of the stage of development it is in; or ( g ) any egg, or any reptile egg, amphibian egg, fish egg, invertebrate egg or monotreme egg; “animal feed” has the meaning given by section 16; “animal feed production licence” means a licence granted under Division 2 of Part 11 authorising the holder of the licence to produce animal feed in the course of a business; “animal feed regulations” means any regulations made under section 313; “animal reproductive material” means — ( a ) an embryo, egg or ovum, or roe, semen or sperm, of a food producing animal; or ( b ) any other part, or product, of a food producing animal from which another food producing animal could be produced; “applicable standard” has the meaning given by section 42(1); “aquaculture” means doing any of the following on land in, or in the sea within the territorial waters of, Singapore: ( a ) cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale; ( b ) keeping fish or marine vegetation in a confined area for a commercial purpose (such as in a grow‑out pond or tank), but does not include any of the following: ( c ) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially); ( d ) doing anything for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose; ( e ) keeping any fish in or on any premises for the purpose of serving the fish as meals to the general public, or otherwise for the purpose of consumption, in or on those premises; “associate” has the meaning given by section 17; “authorised analyst” means an individual appointed under section 287(1) as such; “authorised officer”, in relation to a provision of this Act, means — ( a ) the Director‑General; or ( b ) an individual appointed under section 278(1) as an authorised officer for the purposes of that provision; “biosecurity carrier” and “biosecurity matter” have the meanings given by section 125(2); “business” includes — ( a ) a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis; ( b ) the carrying out of an activity as a self‑employed person, but not as an employee; and ( c ) any business, whether or not carried on for profit, and the fact that an unincorporated association provides services to its members does not prevent those services from being services provided in the course of a business; “catalogued insect‑like species” means an insect‑like species which is declared a catalogued insect‑like species under section 13(2); “code of practice” means a code of practice issued or approved under section 317; “computer” and “data” have the meanings given by section 2(1) of the Computer Misuse Act 1993; “consignment permit” means — ( a ) an import consignment permit mentioned in section 76(2); ( b ) an export consignment permit mentioned in section 76(3); or ( c ) a transhipment consignment permit mentioned in section 76(4); “contaminant”, for any particular food, has the meaning given by section 12(3); “content” means any information or material — ( a ) whether in the form of text; ( b ) whether in the form of speech, music or other sounds; ( c ) whether in the form of colours or visual images (animated or otherwise), pictorial or graphic form (for example, an anthropomorphic or a humanlike depiction); ( d ) whether in electronic or digital form; or ( e ) whether in any other form, and includes information or material in any combination of forms; “controlled item” has the meaning given by section 42(1); “conveyance” means any of the following (but not while it is goods imported or exported): ( a ) an aircraft; ( b ) a vessel; ( c ) a vehicle; ( d ) a train (including railway rolling stock); ( e ) any other mode of transport, whether of goods, people or both goods and people; “cooking” includes air‑frying, deep‑frying, baking, roasting, grilling, saut&#233;ing, searing, stir‑frying, boiling, steaming, blanching, simmering, braising and stewing; “corporation” means a body corporate formed or incorporated or existing in or outside Singapore, and includes any foreign company within the meaning of section 4(1) of the Companies Act 1967; “country” includes a territory, and any part of a country; “courier” means a person who, in the normal course of a business, transports objects or things on behalf of another person; “cultivate” — ( a ) for any animal, includes propagate, hatch, breed, rear and farm the animal; and ( b ) for any plant, includes — (i) plant a seed, seedling or cutting of the plant or transplant the plant; (ii) nurture, tend to or grow the plant; (iii) harvest the plant; (iv) hydroponically cultivate the plant; and (v) cultivate the plant with the application of an artificial source of light or heat; “current”, in relation to any FSSA authorisation, means an FSSA authorisation that is in effect and is neither suspended, revoked nor cancelled; “deal with”, in relation to any thing, includes — ( a ) moving, altering or interfering with the thing in any physical manner; and ( b ) supplying the thing or otherwise entering into a transaction whereby the ownership of the thing, or of any beneficial interest in the thing, passes from one person to another; “defined food” has the meaning given by section 13(1); “director” has the meaning given by section 4(1) of the Companies Act 1967; “Director‑General” means the Director‑General, Food Administration appointed under section 277(1); “Director‑General, Food Security” means the Director‑General, Food Security appointed under section 274(1); “Director‑General of Health” has the meaning given by section 2 of the Infectious Diseases Act 1976; “disclose”, in relation to information, includes to make available to or provide access to the information; “disruptive event” means any of the following occurrences happening in Singapore or outside Singapore, whether natural or caused by human acts or omissions: ( a ) an epidemic or a pandemic, the spread of any disease affecting food producing animals, an infestation of pests or a similar health hazard to humans, animals or plants; ( b ) a storm, storm tide, tsunami, flood, drought, an eruption or earthquake, a landslip or other occurrence of a similar kind; ( c ) an explosion or a fire, a chemical, fuel or oil spill, a gas leak or a poor air quality episode involving smoke; ( d ) a war, civil war, revolution, rebellion, insurrection or civil unrest arising therefrom, any hostile act by or against a belligerent power, any act of terrorism or other act of serious violence; ( e ) an export ban of any goods (identifiable or in general) by a foreign country of indeterminate length; ( f ) a strike, lockout, restraint of labour or other labour disturbance from any cause, whether partial or general; ( g ) an accident associated with the operation of a conveyance that causes widespread or severe damage to the environment, widespread or severe property loss or damage, or widespread deviations in the international transport of goods; “document” means any thing in which content (in whatever form) is recorded; Examples A letter, a menu, a catalogue, an email, a painting, a thumb drive, a film and a sound recording. “donate” means — ( a ) a person giving to another any thing for a charitable, benevolent, or philanthropic purpose without receiving any money or money’s worth; or ( b ) a person giving for a charitable, benevolent, or philanthropic purpose, and without the person receiving any money or money’s worth, any thing donated by another, but excludes an individual giving any thing to another individual as part of a personal relationship between them that is not commercial in nature; “dressed” means the removal of parts of an animal after slaughter to prepare it for human consumption as food; “drinking water” means — ( a ) water that is intended for human consumption or for purposes connected with human consumption (such as the washing, preparation or cooking of food or the making of ice intended for human consumption, or for the preservation of unpackaged food), whether or not the water includes use for other purposes; or ( b ) water held out as water in paragraph ( a ), but does not include any water intended for consumption solely by animals; “drinking water producer” has the meaning given by section 114(1); “edible plant” means a species of plant that is capable of being consumed as food; “egg” means the egg of any avian species that is capable of being consumed as food; “egg product” means — ( a ) the whole or part of the content of an egg with the shell removed, and in any form (including frozen, liquid, or dried); or ( b ) any egg that is subject to a process of preserving or pickling; “engage in conduct” means — ( a ) to do an act or omit to do an act — (i) on a single occasion; or (ii) on a number of occasions over a period of time; or ( b ) to both do an act and omit to do an act — (i) on a single occasion; or (ii) on a number of occasions over a period of time; “entity” means — ( a ) a body corporate (including a limited liability partnership); ( b ) an unincorporated association; ( c ) a partnership; ( d ) a business trust; ( e ) a body of individuals who together form a body; or ( f ) a person other than an individual; “examine” includes weigh, count, test and measure; “export” does not include the taking out of Singapore of — ( a ) any goods in transit without landing in Singapore; or ( b ) any goods that are being transhipped; “export” and “export‑controlled item” have the meanings given by section 42(1); “failing”, for a controlled item, has the meaning given by section 42(1); “farm management plan” has the meaning given by section 90; “fish” means any species of fish (whether marine or freshwater), and includes — ( a ) crustacea, shellfish, echinoderm, molluscs or any other form of aquatic life; and ( b ) the roe or young of any fish; “fish product” means any of the following intended for human consumption as food: ( a ) any part of any fish; ( b ) any product derived from processing or preserving fish; ( c ) any product containing fish; “food” has the meaning given by section 4; “food additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic in


document_id: fssa-2025
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “food”
content:
4. —(1) In this Act, “food” includes the following: ( a ) any substance or thing of a kind used, capable of being used, or represented as being for use, for human consumption (whether it is live, raw, prepared or partly prepared); ( b ) any substance or thing of a kind used, capable of being used, or represented as being for use, as an ingredient or food additive in a substance or thing referred to in paragraph ( a ); ( c ) any substance used in preparing a substance or thing referred to in paragraph ( a ) (other than a substance used in preparing a living thing); ( d ) chewing gum or an ingredient or food additive in chewing gum, or any substance used in preparing chewing gum; ( e ) any substance or thing declared by the Minister, by order in the Gazette , to be a food. (2) Without limiting subsection (1), “food” includes — ( a ) fresh fruits and vegetables; ( b ) other plants intended for human consumption (including seeds that are intended to be sprouted and consumed as sprouts) but not plants intended for propagation or from which further plants may be propagated; ( c ) packaged drinking water; ( d ) any thing that is or is intended to be mixed with or added to any food or drink; ( e ) meat and meat products; ( f ) fish and fish products; and ( g ) eggs and egg products. (3) Despite subsection (1), this Act does not apply to any of the following: ( a ) any health product within the meaning of section 2(1) of the Health Products Act 2007; ( b ) any substance that is a medicinal product within the meaning of section 3 of the Medicines Act 1975; ( c ) any thing that is or contains any controlled drug, psychoactive substance, controlled material or controlled substance within the meaning of section 2 of the Misuse of Drugs Act 1973; ( d ) any poison within the meaning of section 2 of the Poisons Act 1938, and which is represented for use in a manner not ordinarily associated with food for human consumption or with supplementing human dietary intake; ( e ) any cosmetics; ( f ) any thing that is or contains any tobacco product or tobacco substitute within the meaning of section 2(1) of the Tobacco (Control of Advertisements and Sale) Act 1993; ( g ) any packaging (except edible packaging); ( h ) any thing that is or contains any animal feed; ( i ) any thing that is or contains any substance or thing declared by the Minister, by order in the Gazette , not to be food for the purposes of this Act. (4) A substance, thing or chewing gum described in subsection (1) is food regardless of whether or not it is in a condition fit for human consumption. (5) To avoid doubt, “food” may include live animals and plants.


document_id: fssa-2025
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Meaning of “food business”
content:
5. —(1) In this Act, “food business” means a business or an undertaking or activity that involves — ( a ) the production of primary produce; ( b ) the handling of food intended for supply or for export; or ( c ) the supply of food, regardless of whether the business, undertaking or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or the supply of food on one occasion only. (2) To avoid doubt, a “food business” includes a food business carried on as a home business or that is an occupation carried on by an individual within the individual’s private residence. (3) However, a “food business” does not include a business or an undertaking or activity — ( a ) that carries on any other business besides trading in food and, in the course of which doing so, acts as an intermediary between persons who trade in food by providing, for reward, premises or a place (including mobile premises) or services (such as an internet service provider or an online auction location); ( b ) that provides, for reward, services in connection with or for the purpose of trading in food (such as an event organiser or an organiser of a market at which food is sold); ( c ) that consists of producing and providing non‑packaged drinking water as a drinking water producer; or ( d ) that is declared by the Minister, by order in the Gazette , not to be a food business for the purposes of this Act. (4) A reference in this Act to the proprietor of any food business is a reference to — ( a ) in the case of a licensable food business at any premises — the holder of a food business licence to carry on the licensable food business at those premises; and ( b ) in the case of any other food business at any premises — the occupier of those premises at, on or from which that food business is carried on. Meaning of “licensable food business” 6. —(1) In this Act, a “licensable food business” means a food business in Singapore that falls within a class of retail food business or non‑retail food business that is specified in the First Schedule. (2) The Minister may, by order in the Gazette , amend the First Schedule — ( a ) by deleting a class of food business in the First Schedule; ( b ) by varying the description of a class of food business or replacing a class of food business in the First Schedule; or ( c ) by adding a class of food business to the First Schedule. (3) Before amending the First Schedule with respect to any class of food business, the Minister must take into account the following factors: ( a ) the risk to public health and the need to prevent or reduce the possibility of a serious danger to public health if the class of food business is not specified in the First Schedule; ( b ) whether there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public health if the class of food business is not specified in the First Schedule; ( c ) the kind of food handled or likely to be handled, and the manner and scale of food handling, when carrying on the class of food business; ( d ) the components ordinarily operated as part of that class of food business; ( e ) the type and number of ultimate consumers ordinarily sold or supplied food by or from the class of food business; ( f ) any other matter or evidence as may be relevant for the purposes of section 2( c ).


document_id: fssa-2025
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Meanings of “publish in Singapore”, “advertise” and associated terms
content:
7. —(1) In this Act, “publish in Singapore”, in relation to any content, means communicating, distributing, or making available or making known, the content to the general public, in whatever form and by whatever means, such as (but not limited to) — ( a ) including the content in a newspaper, magazine, leaflet, brochure, ticket or other document that is available, or distributed, to the general public; ( b ) including in a film, video, television programme or radio programme that is, or is intended to be, seen or heard by the general public; ( c ) publicly displaying the content, or something that contains the content, in Singapore; Examples A blimp, a gas‑inflated balloon or other like object which is attached or anchored to the ground and upon which content is displayed. An animated billboard. A computer monitor, screen or digital display panel or similar appliance designed to be used primarily for the reception and display of any content capable of being received, or received and displayed, as visual images (whether moving or still) with or without sound, from a broadcasting service, where the monitor, screen, panel or appliance is situated on common property. ( d ) leaving the content, or something containing the content, in such a position in a public place and in such circumstances as to indicate that it is intended to be available for collection by members of the general public who are in a public place; ( e ) selling, hiring out or supplying the content, or something containing the content, to the general public, or offering the content, or something containing the content, for sale or supply to, or hire by, the general public; ( f ) posting the content as online material, to which any person physically present in Singapore is capable of having access through the internet; ( g ) providing the content on or by any service that — (i) is a social media service, a relevant electronic service or a telecommunication service (such as but not limited to SMS and MMS); and (ii) is — (A) between a point in Singapore and one or more other points in Singapore; or (B) between a point and one or more other points, where the firstmentioned point is outside Singapore and at least one of the other points is inside Singapore, so that the content is accessible to or delivered to, one or more users of the service who are physically present in Singapore; ( h ) direct marketing of the content to any individuals physically present in Singapore; or ( i ) publishing the content on an app to which any person physically present in Singapore is capable of having access through the internet. (2) In this Act, “advertise” or “advertising” as a verb, means to publish, or to cause or authorise to be published, any advertisement in Singapore. (3) For the purposes of this Act and without limiting the generality of the definition of “advertise” or “advertising” in subsection (2), a person is to be treated as causing or authorising to be published, content in Singapore if the person — ( a ) pays for, commissions, or authorises the content, or something that contains the content, to be published in Singapore; or ( b ) receives consideration for the display, placement or location of the content, or something that contains the content, in a manner described in subsection (1), where the display, placement or location of the advertisement is determined by systems or processes that are agreed between the parties entering into the contract relating to the advertisement. (4) However, none of the following, of itself, amounts to advertising by an individual or a person concerned: ( a ) an individual communicating — (i) to the general public his or her personal opinion in relation to any goods or services or any person who provides goods or services; and (ii) without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication; ( b ) an individual communicating any content, or something that contains content, that is online material produced entirely by another person in either of the following ways, without the individual receiving or agreeing to receive, and without the individual contracting for, any money or money’s worth, for or in connection with his or her communication: (i) by using — (A) a social media service; (B) a relevant electronic service; or (C) a telecommunication service (such as but not limited to SMS and MMS); (ii) by — (A) forwarding the content, or the something that contains the content, to; or (B) sharing the content or the something that contains the content with, other users of the service without altering the content; ( c ) an individual expressing through a functionality of a social media service or a relevant electronic service, his or her view about any content, or something that contains any content, that is content produced entirely by another person, being a functionality which enables an end‑user of the service to do anything as follows: (i) apply a “like” or “dislike” button or other similar button; (ii) apply an emoji or symbol of any kind; (iii) engage in yes/no voting; (iv) rate or score the content in any way; ( d ) a person providing a service (such as a search engine service) that enables end-users of a social media service, a relevant electronic service or a telecommunication service to search online locations or online material, index search results or otherwise retrieve information or material from the search results; ( e ) a proprietor of any food business displaying or exhibiting, or causing or allowing to be displayed or exhibited, any words or symbols that appear in or on any premises occupied by the proprietor and that relate to the food business, including a menu relating to that food business; ( f ) 2 or more persons communicating content between themselves that is of a private or domestic nature, by using — (i) a social media service; (ii) a relevant electronic service; or (iii) a telecommunication service (such as but not limited to SMS and MMS); ( g ) engaging in any other conduct specified or described by the Minister, by order in the Gazette . (5) In this section — “a point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater or anywhere else; “access”, in relation to any content that is online material or an online location, means to read, view, hear or otherwise experience the content, and includes — ( a ) access that is subject to a precondition, such as the use of a password; ( b ) access by way of push technology; ( c ) access by way of a standing request; and ( d ) access for a limited period of time only; “advertisement” means any content that can reasonably be regarded as intended to promote, directly or indirectly — ( a ) the sale of any goods or services; or ( b ) the sale of any brand of goods or services, but excludes a label unless included as an “advertisement” by regulations made under this Act; “app” means an application software package that includes content accessible by end‑users, or allows end‑users to access content on the internet through the installed application software; “direct marketing” means the sending of direct marketing material directly to an individual by direct means (such as an email, SMS or MMS) other than by an excluded electronic service; “direct marketing material” means any content where, having regard to the nature of the content, the way in which the content is presented, and the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the content, it would be concluded that the purpose, or one of the purposes, of the content is to advertise or promote — ( a ) the sale of any goods or services; or ( b ) the sale of any brand of goods or services; “excluded electronic service” means — ( a ) an electronic service where the only user‑generated content enabled by that service is one‑to‑one live aural communications; ( b ) an electronic service where the only user‑generated content enabled by that service is communication between 2 or more persons that is of a private or domestic nature; or ( c ) an electronic service where the user‑generated content enabled by that service is accessible substantially or only to a closed group of persons employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business; “MMS” means a service that enables the transmission of multimedia messages (such as visual or voice communication) from an end‑user on a mobile phone to another mobile phone through a telecommunication service; “point‑to‑multipoint service” means an electronic service which allows a person to transmit material to more than one end‑user simultaneously; “posting”, by a person of any content as online material, means the person causing the content to be accessible to, or delivered to, one or more other persons who can access the content through the internet; “publicly display”, for any content, means to display, exhibit, screen or project the content — ( a ) in a public place in order that another person may see the content; ( b ) in or on a conveyance (whether mobile or stationary) which is used to provide a public passenger transport service and is in a public place, in order that another person may see the content; or ( c ) in any place in a way so that anyone in a public place can see the content from inside or outside the firstmentioned place; “public passenger transport service” means a service involving the transport of passengers within, or partly within, Singapore for hire or reward, by — ( a ) a motor vehicle; ( b ) a train (including rolling stock); or ( c ) a vessel, but does not include a service that provides transport by a motor vehicle that is generally conducted on land that is not a road; “relevant electronic service” means any of the following electronic services that is supplied to the general public, and is not an excluded electronic service: ( a ) an electronic service that enables end‑users to communicate, by means of email, with other end‑users; ( b ) an online instant messaging service that enables end‑users to communicate with other end‑users; ( c ) a service that specialises in providing links or facilitating access to, or information about, online locations, such as (but not limited to) a search engine, directory service or web browser; ( d ) a point‑to‑multipoint service; “SMS” means a service that enables the transmission of short text messages from an end‑user on a mobile phone to another mobile phone through a telecommunication service; “social media service” has the meaning given by section 45T(1) of the Broadcasting Act 1994; “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999. (6) For the purposes of this section, whether any communication of content on or by a service is or is not of a private or domestic nature must be determined by having regard to all or any one of the following factors: ( a ) the number of individuals in Singapore who are able to access the content by means of the service; ( b ) any restrictions on who may access the content by means of the service (such as a requirement for approval or permission from a user, or the provider, of the service); ( c ) the relationship between the persons that the content is being or has been communicated; ( d ) any other relevant factor.


document_id: fssa-2025
provision_ref: s8
chapter: PART 1 - PRELIMINARY
section: 8
title: Meanings of “sell” and “supply”
content:
8. —(1) In this Act, “sell”, in relation to food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to food for handling or for human consumption: ( a ) sell or re‑sell; ( b ) barter; ( c ) receive, or having in possession, for sale; ( d ) display for sale; ( e ) send, forward or deliver for sale; ( f ) dispose of by any method for valuable consideration; ( g ) dispose of to an agent for sale on consignment; ( h ) provide as a refreshment or a meal or part of a meal to an employee or other individual in accordance with an employment agreement or an agreement for services under a contract of service for consumption by the employee or individual at the employee’s or individual’s place of work; ( i ) offer or give away for the purpose of advertising or in furtherance of any trade or business; ( j ) provide under a contract (whether or not the contract is made with the consumer of the food), together with any accommodation, service or entertainment, in consideration of an inclusive charge for the food provided and the accommodation, service or entertainment; ( k ) provide food (whether or not for consideration) in the course of providing services — (i) to patients in hospitals, hospices and other residential care facilities like nursing homes; (ii) to children or other individuals in the care or custody of the provider by virtue of any Act; or (iii) to prisoners or inmates in prisons or other places for the detention of individuals under any Act; ( l ) dispose of by way of raffle, lottery or other game of chance; ( m ) offer as a prize or reward. (2) In this Act, “sell”, in relation to any other object or thing which is not food, means to do, cause or permit the doing of, offer to do, or attempt to do, any of the following (or a combination thereof) in Singapore in relation to the object or thing: ( a ) sell or re‑sell; ( b ) barter; ( c ) receive, or having in possession, for sale; ( d ) display for sale; ( e ) send, forward or deliver for sale; ( f ) dispose of by any method for valuable consideration; ( g ) dispose of to an agent for sale on consignment; ( h ) offer or give away for the purpose of advertising or in furtherance of any trade or business; ( i ) dispose of by way of raffle, lottery or other game of chance; ( j ) offer as a prize or reward. (3) In this Act, “supply” — ( a ) in relation to food, includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to food for handling or for human consumption: (i) sell; (ii) donate, or give to another without receiving any money or money’s worth; ( b ) in relation to non-packaged drinking water, has the meaning given by section 114(1); and ( c ) in relation to an object or a thing not in paragraphs ( a ) and ( b ), includes to do, cause or permit the doing of, offer to do, or attempt to do, any of the following in Singapore in relation to the object or thing: (i) sell; (ii) donate, or give to another without receiving any money or money’s worth. (4) For the purposes of this Act — ( a ) food, an object or a thing that is displayed for the purpose of being offered as a prize or reward or given away for the purpose of advertising or in the furtherance of trade or business is taken to have been displayed for sale by the owner of the food, object or thing; ( b ) food, an object or a thing that is donated to a person who distributes food, objects or things for a charitable, benevolent or philanthropic purpose is not to be taken to be food, an object or a thing that was given away for the purpose of advertising or in furtherance of trade or business; ( c ) food, an object or a thing that is exposed or deposited in any premises for the purpose of being so offered as a prize or reward or given away is taken to have been exposed for sale by the occupier of the premises; ( d ) food that is sold for the purpose of being mixed with any other food is to be treated, unless the contrary is proved, as food for sale if the bulk or product produced by the mixing, or any part of the bulk or product, is intended to be sold; and ( e ) food that is sold, offered for sale, or displayed for sale is to be treated, unless the contrary is proved, as food sold, offered for sale, or displayed for sale, for human consumption. (5) Despite subsections (1), (2) and (3), this Act does not extend to the following: ( a ) exchanging food for food or other goods or services as part of a personal relationship between individuals that is not commercial in nature; ( b ) giving food, an object, or a thing to another individual as part of a personal relationship between individuals that is not commercial in nature; ( c ) providing food together with accommodation to an individual residing at another individual’s private residence in exchange for services or labour by the firstmentioned individual.


document_id: fssa-2025
provision_ref: s9
chapter: PART 1 - PRELIMINARY
section: 9
title: Meaning of “handling” food
content:
9. In this Act, “handling”, in relation to food, includes any one or more of the following activities: ( a ) preparing or manufacturing the food; ( b ) processing the food; ( c ) storing, packing or labelling the food; ( d ) transporting or delivering the food; ( e ) displaying the food; ( f ) dishing up or plating the food; ( g ) serving the food; ( h ) supervising the performance of any activity in paragraph ( a ), ( b ), ( c ), ( d ), ( e ), ( f ) or ( g ) by another individual; ( i ) any other activity that is prescribed by the Minister, by order in the Gazette , for the purposes of this section.


document_id: fssa-2025
provision_ref: s10
chapter: PART 1 - PRELIMINARY
section: 10
title: Meanings of “manufacturing” and “preparing” food
content:
10. —(1) In this Act, “manufacture”, in relation to food, includes any one or more of the following: ( a ) making food by combining ingredients; ( b ) significantly changing the condition or nature of food by any process; Illustrations Preserving or pickling vegetables. Milling flour. Peeling, cutting or freezing fruits. Extracting oil from seeds. Baking. Extracting protein from cells. ( c ) bottling or canning food, including bottling water; ( d ) packing unpackaged food, other than unprocessed primary produce; ( e ) making ice; ( f ) sterilising, fermenting, pasteurising or freeze‑drying food; ( g ) dismembering, filleting, peeling or shucking seafood; ( h ) boiling crustacea; ( i ) dairy processing; ( j ) meat processing or other processing of food. (2) However, “manufacture”, in relation to food, does not include any of the following: ( a ) preparing food at a particular place for retail sale at the place, including sale for immediate consumption; Illustrations Cooking food at a restaurant for sale to a diner in the restaurant. Assembling and packing sandwiches in a package at a fast‑food outlet for retail sale at the outlet. ( b ) preparing food in the course of a food business that is or consists of a catering service; ( c ) making ice at a particular place for use at the place; ( d ) changing the condition of food merely by changing its temperature. Illustration The retail sale by a convenience store of a chilled or frozen meal that is pre‑prepared by an entity other than the convenience store proprietor, after the meal is heated by the convenience store proprietor or the consumer, on the premises of the convenience store, according to the instructions of the entity. (3) In this Act, “prepare”, in relation to food, means — ( a ) to undertake any activity mentioned in subsection (2)( a ), ( b ) or ( c ); or ( b ) to cut, chop, mince, grate, cook, thaw, heat, dry or wash food, or engage in any conduct mentioned in subsection (1), at a particular place in order to prepare it for sale or supply by retail at the place. Illustrations Cutting, or crushing of fruit or vegetables for juice, at a place for sale for immediate consumption or to takeaway. Mixing or brewing of tea or coffee on the order of a customer for immediate consumption or to takeaway. Cooking carried out in premises for sale, and served, on the order of a customer, predominantly for immediate consumption. (4) In this section — “dairy processing” includes — ( a ) the storage of milk on the premises at which the animals were milked for further processing; ( b ) the manufacture of dairy products; and ( c ) the pasteurisation or homogenisation of milk; “dairy product” includes — ( a ) milk; ( b ) colostrum; ( c ) a liquid milk product; ( d ) cream and thickened cream; ( e ) butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee and anhydrous milk fat (butter oil); ( f ) casein, caseinate and cheese; ( g ) whey, whey cream and concentrated whey cream; ( h ) cultured milk and yoghurt; ( i ) ice‑cream and ice‑cream mix; and ( j ) buttermilk powder, lactose powder, milk sugar, powdered milk, skim milk powder, whey powder, milk protein powder and other milk concentrates. Meaning of “unsafe” food 11. —(1) For the purposes of this Act, food is unsafe at a particular time if it would be likely to cause physical harm to an individual who might later consume it, assuming — ( a ) it was, after that particular time and before being consumed by the individual, properly subjected to all processes (if any) that are relevant to its reasonable intended use; ( b ) nothing happened to it after that particular time and before being consumed by the individual that would prevent it being used for its reasonable intended use; and ( c ) it was consumed by the individual according to its reasonable intended use. (2) However, food is not unsafe for the purposes of this Act merely because — ( a ) any individual objects to it because of personal preference; ( b ) any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds; ( c ) its consumption in inappropriate quantities may damage an individual’s health; or ( d ) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition. (3) In subsection (1), the reference to processes includes a reference to processes involving storage. Meaning of “unsuitable” food 12. —(1) For the purposes of this Act, food is unsuitable if it is food that — ( a ) is damaged, deteriorated or perished to an extent that affects its reasonable intended use; ( b ) contains, or has attached to it or enclosed with it — (i) any damaged, deteriorated, perished or contaminated substance or thing, to an extent that affects its reasonable intended use; or (ii) any thing which is inedible, or is otherwise alien to the particular food; ( c ) is the product of a diseased animal, or an animal that — (i) has died otherwise than by slaughter; and (ii) has not been declared by or under this Act or another Act to be safe for human consumption; ( d ) has packaging that is damaged, deteriorated, perished, or contaminated to the extent of affecting the food’s reasonable intended use; ( e ) is outdated food, or consists of or has as an ingredient that is outdated food; ( f ) contains a food production substance which is not an approved food production substance for that food; ( g ) contains an approved food production substance at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that food production substance; or ( h ) contains — (i) a proscribed contaminant or any residue of a proscribed contaminant; or (ii) a restricted contaminant at a greater level than permitted under the standards where a maximum level is so prescribed in any standard for that restricted contaminant. (2) However, food is not unsuitable for the purposes of this Act merely because — ( a ) at any particular time before it is sold for human consumption it contains an agricultural chemical or a veterinary drug; ( b ) any individual objects to it because of personal preference; ( c ) any part of the community objects to it on moral, ethical, cultural, spiritual or religious grounds; ( d ) its consumption in inappropriate quantities may damage an individual’s health; or ( e ) its presence or consumption is unhealthy for any individual who has an allergy or other personal health condition. (3) In this section — “approved food production substance” means a food production substance which is prescribed in any standard as approved for food generally or for a particular food; “contaminant”, for any particular food, means a substance not intentionally added to the food but is present in the food as a result of — ( a ) the manufacture or preparation of the food, or its production if the food is primary produce; ( b ) the transport or storing of the food; or ( c ) environmental contamination, but excludes any food production substance for that food and any whole or part of an insect, rodent hair and other like matter; “food production substance”, for food, means any substance which — ( a ) is intentionally added to food during the manufacture or preparation of the food, or its production if the food is primary produce; and ( b ) is one of the following: (i) a food additive; (ii) a plant pesticide; (iii) a veterinary drug, and includes the residue of such a plant pesticide or veterinary drug; “outdated”, in relation to any food in or from a package, means food that is unused or not consumed — ( a ) within the period recommended by the manufacturer of the food; or ( b ) before the end of the period that is required by any regulations made under Part 15 to be specified on the package of that food under a prescribed date marking requirement; “proscribed contaminant”, for any particular food, means a contaminant that is prohibited under any standard with respect to the particular food; “restricted contaminant”, for any particular food, means a contaminant that is allowed to be present in the particular food at no greater a level prescribed in any standard for that food; “veterinary drug” means a substance that is represented as being suitable for, or that is manufactured, supplied or used for, administration or application to an animal by any means, or consumption by an animal, as a way of directly or indirectly — ( a ) preventing, diagnosing, curing or alleviating a disease or condition in the animal or an infestation of the animal by a pest; ( b ) curing or alleviating an injury suffered by the animal; ( c ) modifying the physiology of the animal — (i) so as to alter its natural development, productivity, quality or reproductive capacity; or (ii) so as to make it more manageable; or ( d ) modifying the effect of another veterinary drug.


document_id: fssa-2025
provision_ref: s13
chapter: PART 1 - PRELIMINARY
section: 13
title: Meaning of “defined food”
content:
13. —(1) For the purposes of this Act, food is defined food if the food — ( a ) is, consists of or has as an ingredient a novel food in respect of which no pre‑market approval is granted; ( b ) is, consists of or has as an ingredient a genetically modified food in respect of which no pre‑market approval is granted; or ( c ) is, consists of or has as an ingredient, in any form (whether whole or in parts and whether fresh, chilled, frozen, dried, smoked, salted or in brine, or as flour) an edible insect‑like species which is not a catalogued insect‑like species. (2) The Agency may, with the approval of the Minister, by order in the Gazette , declare an edible insect‑like species as a catalogued insect‑like species where the Agency is satisfied that the insect‑like species, where made available for consumption by the general public, is not food of higher regulatory concern. (3) In this section — “engineered nanomaterial” means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or that is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale; “genetically modified food” means a food coming from an organism that has been altered using any of the following techniques, such that the resulting organism contains a combination of hereditable genetic material that could not have occurred naturally or could not have been produced by traditional breeding and selection: ( a ) in vitro nucleic acid techniques, including recombinant nucleic acids and direct injection of nucleic acid into cells or organelles; ( b ) fusion of cells beyond the taxonomic family, and excludes any novel food and any food that is, consists of or has as an ingredient an insect‑like species which has not been so altered; Example Any animal, plant or micro‑organism which is modified by genetic engineering. “novel food” means — ( a ) a substance (which may consist of, be isolated from or produced from, cell culture or tissue culture derived from animals, plants, bacteria or yeast, fungi, algae or other micro‑organism) that has not been used to a significant degree as food for a period of at least 20 years, whether within or outside Singapore; ( b ) a food that has been manufactured, prepared or preserved by a process that has not been previously used in food production for a period of at least 20 years, whether within or outside Singapore; ( c ) a food consisting of, isolated from or produced from material of mineral origin that has not been previously used in food production for a period of at least 20 years, whether within or outside Singapore; or ( d ) a food that contains or consists of engineered nanomaterials, but does not include any food that is, consists of or has as an ingredient an insect-like species in any form.


document_id: fssa-2025
provision_ref: s14
chapter: PART 1 - PRELIMINARY
section: 14
title: Meanings of “primary produce” and “unsafe primary produce”
content:
14. —(1) “Primary produce” means — ( a ) food produced by any primary production activity; ( b ) an animal, plant or other organism intended for human consumption as food; ( c ) raw material taken from an animal, a plant or any other organism intended for food; or ( d ) a substance other than food — (i) that is labelled as not intended for human consumption or for consumption by animals; (ii) that the Minister is satisfied — (A) is likely to be consumed by humans or animals; and (B) if consumed by humans or animals — poses a hazard to the humans or animals; and (iii) that is prescribed by the Minister, by order in the Gazette , to be primary produce for the purpose of this definition. (2) However, primary produce does not include a raw material mentioned in subsection (1)( c ) unless the raw material is in substantially the same condition as when it was taken from the animal, plant or other organism. Example A whole apple is an example of a raw material in substantially the same condition as when it was taken from a plant. (3) In this Act, “unsafe”, for primary produce, means — ( a ) if the primary produce is ready for immediate human consumption as food — the primary produce, or food produced by a process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the primary produce or food if it is prepared, stored or consumed according to its reasonable intended use; or ( b ) if the primary produce is not ready for immediate human consumption as food — food produced by the production of the primary produce, or another process involving a substantial change to the primary produce, is likely to cause harm to an individual who consumes the food if it is prepared, stored or consumed according to its reasonable intended use. (4) For the purposes of this section and section 15, the nature of primary produce is substantially changed if — ( a ) any thing done to the primary produce markedly increases its shelf life; or ( b ) any food is added to it.


document_id: fssa-2025
provision_ref: s15
chapter: PART 1 - PRELIMINARY
section: 15
title: Meaning of “primary production activity”
content:
15. —(1) In this Act, “primary production activity” means the production of primary produce and includes the following: ( a ) the growing, raising, cultivating, picking, harvesting, collecting or catching of animals, plants or other organisms intended for human consumption as food; Examples Engaging in agriculture, animal husbandry, aquaculture, orcharding, apiculture, or farming or harvesting of edible molluscs or catalogued insect‑like species. ( b ) the sorting or grading of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises; ( c ) the treating, freezing, packing, refrigeration, storage or washing of primary produce on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught, or on premises that are associated with those premises; ( d ) the management and breeding of live animals for the production of primary produce; ( e ) the transporting or delivery of primary produce within premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; ( f ) any other activity that is prescribed by the Minister, by order in the Gazette , for the purposes of this definition, but excludes the slaughter of animals to produce meat or meat products, meat processing, production of animal feed and pet food production. (2) However, primary production activity does not include — ( a ) any process involving significantly changing the condition or nature of food (for example, manufacturing or canning), regardless of whether the process is carried out in the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught; ( b ) the sale or service of food directly to the general public; or ( c ) any other food production activity that is prescribed by the Minister, by order in the Gazette , for the purposes of this subsection. (3) In subsection (1)( c ), treating of primary produce means — ( a ) enhancing the appearance of the primary produce (such as by washing, waxing or oiling it) without substantially changing its nature; or ( b ) dealing with the primary produce solely — (i) to eliminate or control pathogenic organisms, toxins and contaminants in the primary produce; or (ii) to ripen it.


document_id: fssa-2025
provision_ref: s16
chapter: PART 1 - PRELIMINARY
section: 16
title: Meanings of “animal feed” and associated terms
content:
16. —(1) In this Act, “animal feed” means — ( a ) a live animal; or ( b ) a material or a mix of materials (whether processed, semi‑processed or raw), which is intended to be fed directly to any food producing animal, and includes any feed additive. (2) To avoid doubt, “animal feed” excludes pet food. (3) For the purposes of this Act, an animal feed is not fit for purpose if it — ( a ) spreads organisms or pathogenic agents to a level or in a manner that could be harmful to humans; ( b ) contains a proscribed substance for the animal feed or any residue of the proscribed substance; ( c ) results in food production substances or restricted contaminants in food at a greater level than permitted under any standard, where a maximum level is so prescribed in the standard for that food production substance or restricted contaminant; ( d ) is toxic to an extent that causes unnecessary pain or distress to animals that consume it; or ( e ) transmits disease, results in physical harm, or causes unnecessary pain and distress to animals that consume it. (4) In this section — “basic animal feed” means grain, seeds, hay, meat, fish or milk used as animal feed, or in the preparation of animal feed; “feed additive” means a substance or combination of substances that — ( a ) is not normally consumed as animal feed by itself; ( b ) is intentionally added as an ingredient to basic animal feed; and ( c ) affects the characteristics of the animal feed or animal products, whether or not the substance or combination of substances has any nutritional value or other effect on the animal; Examples Micro‑organisms, enzymes, pH regulators, trace elements and vitamins. “pet food” means a material or a mix of materials (whether processed, semi‑processed or raw) which is produced for consumption by pets. Meaning of “associate” 17. —(1) For the purposes of this Act, a person ( A ) is an associate of another person ( B ) if — ( a ) A is B ’s spouse; ( b ) A is a relative of B or B ’s spouse; ( c ) A is the spouse of a relative of B , or B ’s spouse; ( d ) A is a partner of B with whom A is in a partnership; ( e ) A is a spouse or relative of any individual with whom B is in a partnership; ( f ) A is an employer of B or an employee of B , and for this purpose, any director or other officer of a company is treated as employed by that company; or ( g ) A has a relationship with B in a manner prescribed under subsection (3). (2) For the purposes of subsection (1), a person is a relative of an individual if the person is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating — ( a ) any relationship of the half blood as a relationship of the whole blood, and the stepchild or adopted child of any person as that person’s child; and ( b ) an illegitimate child as the legitimate child of the child’s mother and reputed father. (3) The Minister may make rules in the Gazette providing that any person or class of persons is an associate of another person for the purposes of subsection (1)( g ).


document_id: fssa-2025
provision_ref: s18
chapter: PART 1 - PRELIMINARY
section: 18
title: Definitions for Part 2
content:
18. —(1) In this Part — “agri‑food supply chain” means a supply chain for providing individuals with items of food for personal consumption (each called in this Act an ultimate consumer) where the items of food consist of or include, or have been produced using (directly or indirectly, and whether or not exclusively), the whole or part of — ( a ) any food; ( b ) any primary produce; ( c ) any creature or other thing taken from the wild; or ( d ) any agri‑food production input; “agri‑food supply chain participant” means any of the following: ( a ) any ultimate consumer in Singapore; ( b ) any person engaged in primary production activities in Singapore; ( c ) any person engaged in taking any animal, plant or other thing from the wild in Singapore for the purposes of consumption by humans or food producing animals; ( d ) any person in Singapore in the agri‑food supply chain between persons mentioned in paragraph ( b ) or ( c ) and the ultimate consumers, such as (but not limited to) a person undertaking any of the following activities in Singapore: (i) producing, manufacturing, preparing or processing any food or agri‑food production input; (ii) selling, distributing, transporting, supplying or storing any food or agri‑food production input; (iii) making any food or agri‑food production input available in Singapore, or providing the food or agri‑food production input to another person in Singapore; “average MSR” has the meaning given by section 20( b ); “daily MSR” has the meaning given by section 20( a ); “food security factors” means all of the following: ( a ) global food availability; ( b ) supply sources for food, including the range of supply sources and the availability to the ultimate consumers of food from local and other sources; ( c ) the resilience of the agri‑food supply chain in response to natural or man‑made disasters, climate change, severe disturbances in agricultural markets and other disruptions in the supply of food; ( d ) food safety and consumer confidence in food; “MSR” or “minimum stockholding requirement” means a requirement described in section 20; “MSR activity”, in relation to an MSR product, means undertaking in the course of business any activity involving the MSR product, being an activity that is prescribed by the Part 2 Rules for the purposes of this definition in relation to that MSR product; “MSR product” means — ( a ) any food that is prescribed by the Minister in the Part 2 Rules, to be an MSR product; or ( b ) any agri‑food production input that is prescribed by the Minister in the Part 2 Rules, to be an MSR product; “MSR product shortfall” has the meaning given by section 30(4) or 31(4); “relevant period” means a period (being at least a month) that is prescribed by, or to be determined in accordance with, the Part 2 Rules; “Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018; “subject to a minimum stockholding requirement” has the meaning given by section 22; “trigger notice” means a written notice given under section 23, and includes a trigger notice given by the Minister under section 226(3)( c ) on appeal against an original trigger notice given under section 23. (2) In this Part, stocks of any food or agri‑food production input are stored in Singapore if the stocks are stored — ( a ) on land in Singapore; ( b ) on a vessel that — (i) is in a port in Singapore; or (ii) is moored in Singapore territorial waters waiting to enter a port in Singapore; or ( c ) in other circumstances prescribed by the Part 2 Rules for the purposes of this subsection. (3) A reference in section 23, 24, 27 or 32 to the Director‑General, Food Security includes a reference to a food security officer duly appointed by the Director‑General, Food Security to act for him or her.


document_id: fssa-2025
provision_ref: s19
chapter: PART 1 - PRELIMINARY
section: 19
title: When entity holds stocks of MSR product
content:
19. —(1) For the purposes of this Act, an entity holds stocks of an MSR product if — ( a ) the entity is the holder of the stocks under subsection (2) or (3); and ( b ) the stocks are none of the following: (i) any stock which is being kept for the exclusive use of the Singapore Armed Forces or any visiting forces; (ii) any stock which is kept wholly or principally for personal or domestic consumption; (iii) any stock being stored in the food premises of a retail food business; (iv) any stock which is being stored in a seagoing vessel for the consumption of crew or passengers or both; (v) any stock which is unsuitable food, unsafe food or a defined food. (2) An entity is the holder of stocks of an MSR product under this subsection if — ( a ) the entity owns the stocks; ( b ) the stocks are being stored in Singapore by the entity or by another entity on behalf of the firstmentioned entity; and ( c ) no other entity is the holder of the stocks by virtue of this subsection. (3) However, if more than one entity would be the holder of the same stock of MSR product under subsection (2), then — ( a ) which of those entities is the holder of the stock; and ( b ) the share of the stock each entity is the holder of, must be as agreed between the entities but, in the absence of any such agreement, must be determined by the Director‑General, Food Security in accordance with the method prescribed by the Part 2 Rules. Division 2 &#x2014; Minimum stockholding requirement or MSR


document_id: fssa-2025
provision_ref: s20
chapter: PART 1 - PRELIMINARY
section: 20
title: What is minimum stockholding requirement or MSR
content:
20. An entity that is subject to a minimum stockholding requirement in relation to an MSR product must — ( a ) hold each day, at least the quantity of stocks of the MSR product designated for the entity for the day (called the daily MSR); and ( b ) hold, for each relevant period, at least the average quantity of stocks of the MSR product designated for the entity for the relevant period (called the average MSR).


document_id: fssa-2025
provision_ref: s21
chapter: PART 1 - PRELIMINARY
section: 21
title: Quantity of MSR product to be held
content:
21. —(1) For the purposes of section 20( a ), the daily MSR for an MSR product designated for an entity on a day, is the quantity specified in the trigger notice that — ( a ) is in force for that day; and ( b ) was given to the entity in relation to that MSR product. (2) For the purposes of section 20( b ), the average MSR for an MSR product designated for an entity for a relevant period applicable to an entity, is the quantity that — ( a ) is worked out in accordance with section 23(3) for the relevant period and the entity; and ( b ) is specified in the trigger notice that — (i) is in force for the whole of that relevant period; and (ii) was given to the entity in relation to that MSR product.


document_id: fssa-2025
provision_ref: s22
chapter: PART 1 - PRELIMINARY
section: 22
title: Entity subject to MSR
content:
22. —(1) An entity is subject to a minimum stockholding requirement in relation to an MSR product if — ( a ) the minimum stockholding requirement has been triggered for the entity in relation to the MSR product because of section 23; and ( b ) the entity has not ceased to be subject to the minimum stockholding requirement in relation to the MSR product because of section 24. (2) An entity is also subject to a minimum stockholding requirement in relation to an MSR product if — ( a ) a determination is made under section 27 that — (i) the entity has assumed another entity’s minimum stockholding requirement in relation to the MSR product; or (ii) another entity’s minimum stockholding requirement in relation to the MSR product has been divided with the entity; and ( b ) the entity has not ceased to be subject to the minimum stockholding requirement in relation to the MSR product because of section 24.


document_id: fssa-2025
provision_ref: s23
chapter: PART 1 - PRELIMINARY
section: 23
title: Triggering MSR
content:
23. —(1) The Director‑General, Food Security may, by written notice (called a trigger notice) given to an entity, trigger the minimum stockholding requirement for the entity in relation to an MSR product if — ( a ) the entity is an agri‑food supply chain participant but not an ultimate consumer; and ( b ) in a period prescribed by the Part 2 Rules — (i) the entity undertakes any MSR activity in relation to the MSR product; and (ii) in doing so, the entity exceeds the quantity prescribed by the Part 2 Rules for undertaking the MSR activity in relation to that MSR product. (2) The trigger notice must specify — ( a ) the days for which the notice is in force and the quantity of stocks of the MSR product the entity must hold on those days; ( b ) the relevant periods for which the trigger notice is in force, and the average quantity of stocks of the MSR product the entity must hold for each of those relevant periods; and ( c ) the place or places in Singapore where those stocks must be held. (3) The average quantity of an MSR product in relation to a relevant period applicable to an entity must be worked out by dividing — ( a ) the total minimum quantity of stocks of the MSR product which the Director‑General, Food Security determines the entity must hold during the relevant period; by ( b ) the number of days constituting that relevant period. (4) Trigger notices may specify different quantities or average quantities of stocks — ( a ) in respect of different MSR products or different entities; or ( b ) on the basis of different MSR activities undertaken in relation to the same MSR product. (5) The Director‑General, Food Security must determine the quantity or average quantity of stocks of an MSR product in accordance with section 25. (6) A trigger notice given under this section is in force for the days or relevant periods which occur within the period — ( a ) starting the date specified in the trigger notice as the day the trigger notice comes into force which must be a date after the end of the minimum interval applicable; and ( b ) ending the day before — (i) the trigger notice is cancelled under section 24; or (ii) another trigger notice given under this section to the same entity in relation to the same MSR product comes into force, whichever first happens. (7) Subsection (6) is subject to section 26(2). (8) In giving a trigger notice under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the trigger notice a chance to be heard before the trigger notice is given. (9) The quantity or average quantity (as the case may be) of stocks of MSR product may be specified in a trigger notice in any of the following terms: ( a ) a fixed quantity; ( b ) a rate or formula by which a quantity is to be calculated. (10) The minimum interval in subsection (6)( a ), for any trigger notice, is the following period after the day the trigger notice is given: ( a ) 6 months; ( b ) another period specified in the Part 2 Rules in substitution of the period in paragraph ( a ), for a trigger notice or class of trigger notices given on or after the other period as so specified in those Rules.


document_id: fssa-2025
provision_ref: s24
chapter: PART 1 - PRELIMINARY
section: 24
title: Ceasing to be subject to MSR
content:
24. —(1) An entity ceases to be subject to the minimum stockholding requirement in relation to an MSR product if the Director‑General, Food Security cancels the trigger notice given to the entity. (2) The Director‑General, Food Security must, upon being satisfied that the entity has permanently or indefinitely stopped undertaking all MSR activities in relation to that MSR product, cancel the trigger notice given to the entity. (3) An entity ceases to be subject to the minimum stockholding requirement in relation to an MSR product if a determination is made under section 27 that another entity has assumed the entity’s minimum stockholding requirement in relation to that product.


document_id: fssa-2025
provision_ref: s25
chapter: PART 1 - PRELIMINARY
section: 25
title: Decision-making criteria for triggering MSR, etc.
content:
25. —(1) The Director‑General, Food Security must have regard to, and give such weight as the Director‑General, Food Security considers appropriate to, all of the matters in subsection (2) — ( a ) in deciding whether or not to give a trigger notice under section 23; ( b ) in determining under section 23(3) the total minimum quantity of stocks of an MSR product that an entity must hold during a relevant period; or ( c ) in determining under section 23(5) the quantity or average quantity of stocks of an MSR product to be specified in a trigger notice. (2) The matters for the purposes mentioned in subsection (1) are as follows: ( a ) the food security factors; ( b ) the need to enhance resilience of the agri-food supply chain for Singapore; ( c ) the local eating patterns and preferences; ( d ) the local food production capacity.


document_id: fssa-2025
provision_ref: s26
chapter: PART 1 - PRELIMINARY
section: 26
title: Temporary suspension of MSR by Minister
content:
26. —(1) The Minister may, by order in the Gazette , suspend section 20( a ) or ( b ) in relation to a specified MSR product for a period (not exceeding 6 months) specified in the order (called a suspension period) if the Minister is satisfied that — ( a ) a disruptive event which directly affects the supply of the MSR product in Singapore is occurring or has occurred, or there is a threat of such a disruptive event; and ( b ) a suspension under this section is necessary to substantially prevent, or substantially assist in mitigating, the impact of the disruptive event or the threatened disruptive event, on the supply of the MSR product in Singapore. (2) During the period an order made under subsection (1) has effect, entities are not required to comply with section 20( a ) or ( b ) in relation to the specified MSR product. (3) An order made under subsection (1) has effect for the suspension period specified in it or until the day it is earlier revoked under subsection (4). (4) An order made under subsection (1) may be revoked at any time by the Minister before the expiry of the suspension period specified in that order. (5) However, the cessation of an order made under subsection (1) having effect (whether by revocation or expiry of a suspension period) does not prevent a further order being made under subsection (1) by the Minister if the Minister is satisfied that the circumstances warrant it under subsection (1).


document_id: fssa-2025
provision_ref: s27
chapter: PART 1 - PRELIMINARY
section: 27
title: Determination of assumption or division of MSR
content:
27. —(1) The Director‑General, Food Security may make a determination that he or she is satisfied that an entity’s (called the divesting entity’s) minimum stockholding requirement in relation to an MSR product is being assumed by, or divided with, another entity or entities (called the receiving entity or entities). (2) The Director‑General, Food Security may make the determination on the application of a divesting entity or receiving entity or on the Director‑General, Food Security’s own initiative. (3) The determination must specify the effect the determination is to have on trigger notices in force under section 23, including whether a trigger notice is taken to have been given to one or more receiving entities by the determination or that a trigger notice is taken to specify a different quantity or average quantity.


document_id: fssa-2025
provision_ref: s28
chapter: PART 1 - PRELIMINARY
section: 28
title: Reporting capacity to hold, etc.
content:
28. —(1) If an entity is subject to the minimum stockholding requirement in relation to an MSR product, and the entity intends — ( a ) to undertake another MSR activity in relation to the same MSR product; ( b ) to permanently or indefinitely cease undertaking an MSR activity in relation to the same MSR product; or ( c ) to cease undertaking an MSR activity in relation to the same MSR product in circumstances in which paragraph ( b ) does not apply, the entity must give the Director‑General, Food Security a written advice in advance in accordance with subsection (2). (2) The written advice must — ( a ) set out details of the situation to which the advice relates; ( b ) set out any matters that might affect the entity’s capacity to meet any minimum stockholding requirement in relation to an MSR product; ( c ) be in accordance with any other requirements prescribed by the Part 2 Rules; and ( d ) be given to the Director‑General, Food Security within the period (if any) prescribed by the Part 2 Rules for the situation. (3) An entity that intentionally or negligently contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: fssa-2025
provision_ref: s29
chapter: PART 1 - PRELIMINARY
section: 29
title: Average MSR default — civil penalty
content:
29. —(1) If — ( a ) an entity is subject to a minimum stockholding requirement in relation to an MSR product; and ( b ) the entity contravenes section 20( b ) by not holding, for a relevant period for which a trigger notice given to the entity is in force, at least the average MSR of stocks of the MSR product designated for the entity for that relevant period, the entity shall be liable to pay an MSR charge of an amount that is in subsection (3). (2) The MSR charge payable under subsection (1) must be paid to the Director‑General, Food Security not later than the 14th day after a written demand to pay that MSR charge is given by the Director‑General, Food Security to the entity in question. (3) For the purposes of subsection (1), the MSR charge, for each relevant period which is the subject of the written demand given under subsection (2), is as follows: where — ( a ) M a is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the last day of the relevant period; and ( b ) K a is the MSR product average shortfall for the relevant period, calculated in accordance with subsection (4). (4) For the purposes of subsection (3), “MSR product average shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product for a relevant period, means the quantity calculated by subtracting — ( a ) the average quantity of the stocks of the MSR product actually held by the entity during that relevant period where lower than the quantity in paragraph ( b ); from ( b ) the average quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold during that relevant period. (5) Where an entity subject to a minimum stockholding requirement in relation to an MSR product becomes liable under subsection (1) to pay an MSR charge for a relevant period, the entity’s liability continues despite the entity ceasing to be subject to that minimum stockholding requirement. (6) Any liability under this section is in addition to and does not affect any liability under section 30. (7) This section is subject to a remission under section 39.


document_id: fssa-2025
provision_ref: s30
chapter: PART 1 - PRELIMINARY
section: 30
title: Daily MSR default — civil penalty
content:
30. —(1) If — ( a ) an entity is subject to a minimum stockholding requirement in relation to an MSR product; and ( b ) the entity contravenes section 20( a ) by not holding at least the daily MSR of stocks of the MSR product designated for the entity for any day for which a trigger notice given to the entity is in force, the entity shall be liable to pay an MSR charge of an amount that is calculated in relation to that day using the formula in subsection (3). (2) The MSR charge payable under subsection (1) must be paid to the Director‑General, Food Security not later than the 14th day after a written demand to pay that MSR charge is given by the Director‑General, Food Security to the entity in question. (3) For the purposes of subsection (1), the formula, for each day which is the subject of the written demand given under subsection (2), is as follows: where — ( a ) M is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the day; and ( b ) K is the MSR product shortfall for that day, calculated in accordance with subsection (4). (4) For the purposes of subsection (3), “MSR product shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product on a day, means the quantity calculated by subtracting — ( a ) the quantity of the stocks of the MSR product actually held by the entity on that day where lower than the quantity in paragraph ( b ); from ( b ) the quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold on that day. (5) Where an entity subject to a minimum stockholding requirement in relation to an MSR product becomes liable under subsection (1) to pay an MSR charge for any day or days, the entity’s liability continues despite the entity ceasing to be subject to that minimum stockholding requirement. (6) Any liability under this section is in addition to and does not affect any liability under section 29. (7) This section is subject to a remission under section 39.


document_id: fssa-2025
provision_ref: s31
chapter: PART 1 - PRELIMINARY
section: 31
title: Daily MSR default — offence
content:
31. —(1) An entity commits an offence if — ( a ) the entity is subject to a minimum stockholding requirement in section 20( a ) in relation to an MSR product on any day for which a trigger notice given to the entity is in force; and ( b ) the entity intentionally or recklessly holds less than the daily MSR of stocks of the MSR product designated for the entity for any day for which a trigger notice given to the entity is in force. (2) An entity that is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding one of the following amounts, whichever being the higher: ( a ) $25,000; ( b ) an amount that is calculated in relation to that day using the formula in subsection (3). (3) For the purposes of subsection (2)( b ), the formula for the day which is the subject of the charge, is as follows: where — ( a ) N is the rate prescribed by the Part 2 Rules for the MSR product concerned and in force on the day; and ( b ) K is the MSR product shortfall for that day, calculated in accordance with subsection (4). (4) For the purposes of subsection (3), “MSR product shortfall”, for an entity that is subject to a minimum stockholding requirement in relation to an MSR product on a day, means the quantity calculated by subtracting — ( a ) the quantity of the stocks of the MSR product actually held by the entity on that day where lower than the quantity in paragraph ( b ); from ( b ) the quantity of the stocks of the MSR product specified in a trigger notice which the entity is required to hold on that day. Division 3 &#x2014; Information about agri-food supply chain


document_id: fssa-2025
provision_ref: s32
chapter: PART 1 - PRELIMINARY
section: 32
title: Requirement to provide information
content:
32. —(1) Subject to sections 33 and 34, the Director‑General, Food Security may require a person — ( a ) who — (i) is an agri‑food supply chain participant; or (ii) is closely connected with an agri‑food supply chain; and ( b ) who falls within any class of persons prescribed in the Part 2 Rules for the purposes of this section, to provide information to the Director‑General, Food Security, within a reasonable period specified in that requirement. (2) For the purpose of subsection (1), a person is “closely connected” with an agri‑food supply chain if the person is any of the following: ( a ) anybody providing, to any person mentioned in subsection (1)( a )(i), goods or services related to — (i) the health of food producing animals, or plants, involved in the agri‑food supply chain; or (ii) the safety or quality of any food to be provided to the ultimate consumers; ( b ) any person carrying on activities capable of affecting a matter mentioned in paragraph ( a )(i) or (ii); ( c ) any body representing persons mentioned in subsection (1) or paragraph ( a ) or ( b ) of this subsection. (3) To avoid doubt, it does not matter whether the person required under subsection (1) is subject to a minimum stockholding requirement in relation to an MSR product. (4) However, subsection (1) does not apply in relation to individuals in an agri‑food supply chain so far as they are in the agri‑food supply chain by reason of them, or members of their households, being the ultimate consumers. (5) In giving a requirement under this section, it is not necessary for the Director‑General, Food Security to give any person who may be affected by the requirement a chance to be heard before the requirement is given. (6) A requirement under this section is binding on the person to whom it is addressed and given, and that person is bound to state truly what the person is required.


document_id: fssa-2025
provision_ref: s33
chapter: PART 1 - PRELIMINARY
section: 33
title: Subject information of section 32 requirement
content:
33. —(1) The power in section 32 may be exercised only in relation to any information — ( a ) about matters relating to a person’s activities connected with the agri‑food supply chain so far as the activities are in or relate to Singapore; ( b ) which the Director‑General, Food Security considers necessary for all or any of the following purposes: (i) to determine what is an MSR product and the MSR activity for an MSR product, and holdings of an MSR product; (ii) to determine whether there are grounds to exercise any power under section 23, 24, 25, 26 or 27, or under any other provision of this Act directed at mitigating the impact on Singapore of agri‑food supply chain disruptions or the impact of disruptive events on the supply of food or agri‑food production inputs in Singapore; (iii) to monitor or analyse markets connected with agri‑food supply chains; (iv) to monitor the resilience of the agri‑food supply chain in response to natural or man‑made disasters, climate change, severe disturbances in agricultural markets and other disruptions in the supply of food and agri‑food production inputs; and ( c ) that is — (i) within the knowledge of the person to whom a requirement under section 32 is given; or (ii) in the custody or under the control of that person. (2) However, nothing in this section requires a person to provide any information subject to legal privilege.


document_id: fssa-2025
provision_ref: s34
chapter: PART 1 - PRELIMINARY
section: 34
title: Other content of section 32 requirement
content:
34. A requirement under section 32 must specify — ( a ) the purpose or purposes for which the required information is required; ( b ) how and when the required information is to be provided, including (in particular) — (i) the form in which it is to be provided; (ii) the means by which it is to be provided; and (iii) the time or times at which, or by when, it is to be provided; and ( c ) that it is an offence under this Act to fail to comply with the requirement.


document_id: fssa-2025
provision_ref: s35
chapter: PART 1 - PRELIMINARY
section: 35
title: Limits to disclosure of information provided due to section 32 requirement
content:
35. —(1) Subsection (2) applies to — ( a ) the Director‑General, Food Security to whom any information is provided because of a requirement under section 32; and ( b ) a Singapore public sector agency or other person to whom the information is disclosed by or under the authority of the Director‑General, Food Security under this section. (2) Information provided because of a requirement under section 32 must not be disclosed to a person who is not a Singapore public sector agency — ( a ) except as required by an order of court, or for the purposes of any criminal proceedings for an offence under this Part or any Part 2 Rules; or ( b ) except in an anonymised form, for any other purposes. (3) If — ( a ) a person discloses, or the person’s conduct causes disclosure of, information provided because of a requirement under section 32; ( b ) the disclosure is not authorised by this section; and ( c ) the person does so — (i) knowing that the disclosure is not authorised by this section; or (ii) reckless as to whether the disclosure is or is not authorised by this section, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (4) In proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, any of the following: ( a ) the information was, at the time of its disclosure by the person charged, information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter; ( b ) the person charged disclosed or caused the disclosure of information as authorised or required by an order of court. (5) In subsection (2), “anonymised form”, for any information or particulars, means any form that will not identify, and is not reasonably capable of being used to identify, any person to whom the information or particulars relate. (6) To avoid doubt, this section does not affect the authorisation to share any information under the control of a Singapore public sector agency with another Singapore public sector agency to the extent permitted by any data sharing direction given under the Public Sector (Governance) Act 2018.


document_id: fssa-2025
provision_ref: s36
chapter: PART 1 - PRELIMINARY
section: 36
title: Compliance and non-compliance with section 32
content:
36. —(1) Where — ( a ) any information which is required by a section 32 requirement to be given to the Director‑General, Food Security is not given or is not given within the time delimited in the requirement; or ( b ) information which is required by a section 32 requirement to be given to the Director‑General, Food Security is given to the Director‑General, Food Security, but the information does not comply with the requirements of section 34( b ) as regards the form of the information, then the person required to give the information shall be guilty of an offence. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000. (3) Subsection (1) does not apply if the person required to give the information has a reasonable excuse. (4) The ordinary meaning of “reasonable excuse” is affected by section 258. Division 4 &#x2014; General provisions


document_id: fssa-2025
provision_ref: s37
chapter: PART 1 - PRELIMINARY
section: 37
title: Interest in case of civil penalty default
content:
37. If any MSR charge is not paid before the end of the time delimited by or under section 29(2) or 30(2), the entity concerned is liable to pay to the Director‑General, Food Security interest, at the rate prescribed in the Part 2 Rules, on the amount of MSR charge unpaid, calculated on a daily basis from the end of the time so delimited until the day the MSR charge is paid.


document_id: fssa-2025
provision_ref: s38
chapter: PART 1 - PRELIMINARY
section: 38
title: Recovery of civil penalty
content:
38. —(1) Any MSR charge is deemed, when it becomes due and payable at the expiry of the time so delimited by or under section 29(2) or 30(2), to be a debt due to the Government from the person from whom the MSR charge is due and payable, and must be collected and received by the Director‑General, Food Security in accordance with this Act. (2) Any MSR charge, and all interest imposed under section 37, that is unpaid may be recovered as a debt in any court of competent jurisdiction in the name of the Agency. (3) Any action or remedy for recovery of any MSR charge and any interest under section 37 may be taken at any time, despite any written law to the contrary. (4) All MSR charges collected or recovered under this Part, and all interest imposed under section 37, must be paid into the Consolidated Fund.


document_id: fssa-2025
provision_ref: s39
chapter: PART 1 - PRELIMINARY
section: 39
title: Remission
content:
39. —(1) Where it is shown to the satisfaction of the Minister — ( a ) that payment of any MSR charge payable is likely to cause substantial hardship to an entity; or ( b ) that payment of any MSR charge payable by a particular entity is not compatible with the purposes of this Part having regard to the peculiar facts of the case, the Minister may remit the payment of the MSR charge, either in whole or in part. (2) This section also applies to any interest imposed under section 37.


document_id: fssa-2025
provision_ref: s40
chapter: PART 1 - PRELIMINARY
section: 40
title: Part 2 Rules
content:
40. —(1) The Minister may make rules which are required or permitted to be prescribed by this Part or are necessary or convenient to be prescribed for carrying out or giving effect to this Part. (2) In particular, the Minister may make rules — ( a ) prescribing for the purposes of section 23(1)( b ), the period and quantity for undertaking an MSR activity in relation to an MSR product; ( b ) providing for procedures that an entity subject to a minimum stockholding requirement in relation to an MSR product must comply with in order to ensure the safety or efficacy of the MSR product when held, including (in particular) requirements to ensure suitability for consumption as food, requirements as to the manner of storage, and the maximum length of holding of the MSR product before supplying it in Singapore; ( c ) prescribing requirements to ensure that the location where an MSR product is held by an entity subject to a minimum stockholding requirement in relation to the MSR product, is secure from loss, theft, sabotage or unauthorised access; ( d ) prescribing the procedure to be followed in connection with making determinations under section 27; ( e ) providing that any contravention of any provision of the rules is an offence and that the penalty on conviction may be a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months or both; and ( f ) providing for any saving, transitional, and other consequential, incidental and supplemental provisions that are necessary or expedient for rules made under this section. (3) Part 2 Rules may prescribe for the purposes of section 23(1)( b ) different periods or different quantities — ( a ) in respect of different MSR products; ( b ) on the basis of different MSR activities undertaken in relation to the same MSR product; or ( c ) on the basis of 2 or more entities undertaking similar MSR activities in relation to the same MSR product, being — (i) corporations that are related to each other under section 6 of the Companies Act 1967; or (ii) entities that are not so related to each other.


document_id: fssa-2025
provision_ref: s41
chapter: PART 1 - PRELIMINARY
section: 41
title: Saving and transitional provisions for food security
content:
41. —(1) The Director‑General, Food Security may give a trigger notice to any person who immediately, before the commencement of this Part, holds a licence granted by the Price Controller or a Deputy Price Controller or an Assistant Price Controller under the Price Control Act 1950 — ( a ) that authorises the person to import, carry on any wholesale dealing, or export, a controlled article which is food; and ( b ) that is in force immediately before that commencement. (2) However, where a trigger notice is given in the circumstances in subsection (1) — ( a ) the trigger notice starts to be in force on the date specified in the trigger notice as the day the trigger notice comes into force, which need not be at least 6 months after the day the trigger notice is given; and ( b ) a person to whom the trigger notice is given has no right of appeal under Part 12. (3) For a period of 2 years after the commencement of this Part, the Minister may, by regulations in the Gazette , prescribe such additional provisions of a saving or transitional nature consequent on the enactment of this Part as the Minister may consider necessary or expedient.


document_id: fssa-2025
provision_ref: s42
chapter: PART 1 - PRELIMINARY
section: 42
title: Definitions for Part 3
content:
42. —(1) In this Part — “agri‑food production input” excludes the following even if essential in undertaking any primary production activity: ( a ) any animal reproductive material from a food producing animal; ( b ) any young of a food producing animal; ( c ) any seed, spore, bulb, root, cutting or other part of a plant from which plants grow or further plants grow; ( d ) any veterinary biologics, or any vaccines, antitoxins or other preparations made from living organisms, which are suitable for use in diagnosing, treating or immunising animals; “applicable standard” — ( a ) in relation to a particular food, at a particular time, means the standard or labelling requirement in force in relation to the food at that time that relates to — (i) the composition or nature of food (including food production substances and contaminants in it, the maximum amounts of food production substances and contaminants, or residues thereof, that may be present in the food, and its microbiological status and safety) and the method of sampling and testing the food to determine its composition or nature; (ii) food packaging; (iii) the handling of the food, including the method of handling; or (iv) the content of labels for food; ( b ) in relation to a particular regulated food contact article, at a particular time, means the standard in force in relation to that regulated food contact article at that time that relates to the construction of that regulated food contact article; ( c ) in relation to a particular animal feed, at a particular time, means the standard in force in any animal feed regulations in relation to that animal feed at that time that relates to — (i) the composition of the animal feed and the method of sampling and testing the animal feed to determine its composition; (ii) the manufacture or production, storage, keeping or transporting of the animal feed; or (iii) the content of labels for packages of the animal feed; or ( d ) in relation to a particular agri‑food production input (except any animal feed or plant pesticide), or a particular matter affecting the agri‑food production input, at a particular time, means the standard or labelling requirement in force in relation to that agri‑food production input or matter at that time that relates to — (i) the composition of the agri‑food production input and the method of sampling and testing the agri‑food production input to determine its composition; (ii) the manufacture or production, storage, keeping or transporting of the agri‑food production input; or (iii) the content of labels for packages of the agri‑food production input; “application”, for a licence or consignment permit, means — ( a ) an application for or to renew the licence; or ( b ) an application for the consignment permit; “consignment”, in relation to any controlled item, means one or more controlled items of a particular kind (according to the Agency’s classification) that is — ( a ) in one or more lots; and ( b ) is imported by, or exported or transhipped for — (i) the same owner of those lots; (ii) at the same time; and (iii) on a single and the same conveyance; “controlled item” means an import‑controlled item, an export‑controlled item or a transhipment‑controlled item; “examinable matter” means a controlled item — ( a ) of a kind that is prescribed under any inspection scheme regulations that if imported, exported or transhipped, must be — (i) inspected, or inspected and analysed, under this Part; or (ii) covered by a recognised foreign government certificate; ( b ) of a kind that is the subject of a holding order; ( c ) that, despite the fact that it is not of a kind referred to in paragraph ( a ) or ( b ), is nevertheless required to be inspected, or inspected and analysed, under any inspection scheme regulations; or ( d ) that is other than a controlled item of a kind referred to in paragraph ( a ) or ( b ) or a controlled item in paragraph ( c ) and — (i) that an authorised officer has reasonable grounds to believe may be failing; and (ii) in respect of which the authorised officer has notified that belief to an owner of that controlled item; “export”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, out of Singapore the object or thing by any means to a place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing; “export‑controlled item” means any transhipment‑controlled item, any rice, or any other food or agri‑food production input that the Minister declares, by order in the Gazette , to be an export‑controlled item; “failing”, for a controlled item, means any examinable matter that, as a result of an inspection, or inspection and analysis, under any inspection scheme regulations, is found to be one of the following: ( a ) a food that — (i) does not meet an applicable standard for that food; (ii) is unsuitable food, unsafe food or a defined food; or (iii) if imported, is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the food as one that, if imported, must be covered by a recognised foreign government certificate; ( b ) a regulated food contact article that does not meet an applicable standard for that regulated food contact article; ( c ) an animal feed that — (i) does not meet an applicable standard for that animal feed; or (ii) is not fit for purpose; ( d ) an agri‑food production input that does not meet an applicable standard for that agri‑food production input; ( e ) a prohibited food, a prohibited food contact article or a prohibited animal feed; “holding order” means an order made under section 73(1); “identifying detail”, in relation to any consignment comprising an import‑controlled item, export-controlled item or a transhipment‑controlled item, means any of the following: ( a ) the maximum mass or weight of the consignment or the controlled item; ( b ) the place outside Singapore from which the consignment or the import‑controlled item or transhipment‑controlled item originates, or to which the consignment or the export‑controlled item or transhipment‑controlled item is to be exported; ( c ) the composition, method of manufacture or production, grade or quality of the controlled item; ( d ) the import‑controlled item or transhipment‑controlled item having the approval of a specified foreign government of a particular foreign country or a foreign food authority of a specified foreign country as is required by any inspection scheme regulations; ( e ) the export‑controlled item or transhipment‑controlled item having the approval of the Agency, a foreign government or foreign food authority as is required by any inspection scheme regulations; “import”, in relation to any object or thing other than an object or a thing in transit in Singapore, means to bring, or cause to be brought, into Singapore the object or thing by any means from any place outside Singapore, and does not include doing so by reason only of being a courier of the object or thing; “import‑controlled item” means any of the following: ( a ) any of the following food: (i) fresh fruits and vegetables; (ii) meat and meat products; (iii) fish and fish products; (iv) eggs and egg products; (v) any live animal or any plant that is food; (vi) any other food except a food additive as such; ( b ) any prepacked food additive preparation; ( c ) any regulated food contact article; ( d ) any animal feed; ( e ) any agri‑food production input that the Minister declares, by order in the Gazette , to be an import‑controlled item; “inspection advice” means an advice issued under section 72; “licence” means a licence that may be granted under this Part; “licensed exporter” means a person who is the holder of a current licence under this Part to export in the course of business any export‑controlled item specified in the licence; “licensed importer” means a person who is the holder of a current licence under this Part to import in the course of business any import‑controlled item specified in the licence; “lot” means a quantity of an object or a substance or thing that — ( a ) is — (i) uniform in composition and method of manufacture; and (ii) made in one cycle of manufacture or, in the case of a controlled item that is sterilised, pasteurised or freeze‑dried, sterilised, pasteurised or freeze‑dried, in one cycle; or ( b ) is of a particular kind made or packed in a distinct manner; “prepacked food additive preparation” means any food additive, or any mix consisting mainly of any food additive, that — ( a ) is in a packaging of not more than 2 kilograms each; or ( b ) is imported for retail sale; “procurement plan”, for any import‑controlled item, means a plan — ( a ) identifying the risks (including assessments thereof) to food security in Singapore from any disruption occurring to the import of the import‑controlled item from the foreign markets from which they are to be procured, including (but not limited to) financial risks, non‑financial trading risks, climatic risks, and risks of or from disease or pollution; and ( b ) stating any plan of action (including preventive strategies) for the purpose of managing those risks and — (i) ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the import‑controlled item of acceptable quality; or (ii) otherwise preventing or mitigating the impact of disruptive events on the supply of the import‑controlled item on food security in Singapore; “prohibited animal feed” means an animal feed, or a brand of animal feed, the import of which is prohibited by the Minister under section 69(3); “prohibited food” means — ( a ) a food, or a brand of food, the import of which is prohibited by the Minister under section 69(1); ( b ) a food, or a brand of food, the import of which is prohibited by any Part 9 Regulations; ( c ) any food the import of which is prohibited under any written law other than this Act or any subsidiary legislation made under this Act; ( d ) any defined food which is, consists of or has as an ingredient, in any form an insect‑like species which is not within any class of catalogued insect‑like species; or ( e ) any other defined food; “prohibited food contact article” means a regulated food contact article the import of which is prohibited by the Minister under section 69(2); “recognised foreign government certificate” means a certificate covered by a determination in force under section 75(1); “trading activity” means any of the following activities: ( a ) importing any import‑controlled item; ( b ) exporting any export‑controlled item; ( c ) transhipping any transhipment‑controlled item; “tranship” means bringing any goods into Singapore by land, sea or air from any place which is outside Singapore and then removing those goods from the conveyance in which they were brought into Singapore and — ( a ) returning those goods to that same conveyance; or ( b ) transferring those goods to another conveyance for the purpose of them being taken out of Singapore, whether those goods are to be transferred directly between conveyances or whether they are to be landed in Singapore after they were brought into Singapore and stored, pending their being taken out of Singapore; “transhipment‑controlled item” means any of the following: ( a ) any meat or meat product; ( b ) any fish or fish product; ( c ) any egg; ( d ) any other food or any agri‑food production input that the Minister declares, by order in the Gazette , to be a transhipment-controlled item. (2) In this Part, the integrity of a controlled item or an examinable matter is ensured if the identity or composition of the controlled item or examinable matter, in relation to any condition, restriction or other description that applies in relation to the controlled item or examinable matter — ( a ) is ascertainable; ( b ) is mainta


document_id: fssa-2025
provision_ref: s43
chapter: PART 1 - PRELIMINARY
section: 43
title: Matter to which Part 3 applies
content:
43. —(1) Subject to subsections (2) and (3), this Part applies only to the following: ( a ) the export of any export‑controlled item; ( b ) the import of any import‑controlled item; ( c ) the transhipment of any transhipment‑controlled item. (2) This Part does not apply to or in relation to — ( a ) any food, or any prepacked food additive preparation, that is imported for private consumption; ( b ) any controlled item that is sea, air or railway stores on board a vessel, an aircraft or a train furnished under section 39(1) or 41(1) of the Customs Act 1960; and ( c ) any eggs that are imported — (i) only for poultry breeding; or (ii) only for the breeding of egg‑laying birds for the purpose of collecting for human consumption eggs laid by such birds. (3) Subject to section 86, this Part does not apply to or in relation to any of the following: ( a ) any export of an export‑controlled item before the commencement of this Part; ( b ) any import of an import‑controlled item before the commencement of this Part; ( c ) any transhipment of a transhipment‑controlled item entering Singapore before the commencement of this Part.


document_id: fssa-2025
provision_ref: s44
chapter: PART 1 - PRELIMINARY
section: 44
title: Meaning of import for “private consumption”
content:
44. —(1) Any food (other than a food additive as such) or any prepacked food additive preparation, of a particular kind or different kinds is taken to have been imported for private consumption if on the particular occasion of its bringing into Singapore — ( a ) the food (other than a food additive as such), or the prepacked food additive preparation, has not been imported as a trade sample or for use in any food business; ( b ) the food (other than a food additive as such), or the prepacked food additive preparation, has not been imported for the purpose of donating it to other persons in Singapore; ( c ) all the following are satisfied: (i) the food (other than a food additive as such), or the prepacked food additive preparation, has, or both the food (other than a food additive as such) and prepacked food additive preparation have, a total weight of not more than 15 kilograms (inclusive of any eggs), or another total volume or total weight that is prescribed at the time of that occasion under subsection (5); (ii) if any of the food is eggs — it is a clutch of not more than 30 eggs, or another number of eggs that is prescribed at the time of that occasion under subsection (5); and ( d ) the food (other than a food additive as such), or the prepacked food additive preparation, is imported by a single person who is an individual. (2) Without limiting the generality of the expression, food of any kind is taken to have been imported as a trade sample if the food is imported — ( a ) for the purposes of scientific or commercial evaluation; or ( b ) for the purpose of manufacturing other food for supply. (3) However, subsection (1) does not extend to any food of higher regulatory concern. (4) Each of the following food is a food of higher regulatory concern: ( a ) any meat that is neither — (i) pork, beef, lamb, mutton or venison; nor (ii) meat from a chicken, duck, turkey, goose, quail or domesticated pigeon; ( b ) any meat product wholly or partially derived from meat in paragraph ( a ); ( c ) any puffer fish, or any fish product wholly or partially derived from puffer fish; ( d ) any live fertilised or embryonated egg; ( e ) any animal blood or blood product, such as blood curd; ( f ) any raw or unpasteurised liquid milk; ( g ) any chewing gum; ( h ) any defined food; ( i ) any other food prescribed by the Minister by an order in the Gazette . (5) The Minister may make an order in the Gazette — ( a ) prescribing for the purpose of subsection (1)( c )(i), another total volume or total weight; or ( b ) prescribing for the purpose of subsection (1)( c )(ii), another number of eggs. Division 2 &#x2014; Import, export and transhipment offences


document_id: fssa-2025
provision_ref: s45
chapter: PART 1 - PRELIMINARY
section: 45
title: Importing prohibited food, etc.
content:
45. —(1) A person commits an offence if — ( a ) the person imports an object or a thing; ( b ) the object or thing is a prohibited food, a prohibited food contact article or a prohibited animal feed; and ( c ) the person knows, or ought reasonably to know, that the object or thing is a prohibited food, prohibited food contact article or prohibited animal feed, as the case may be. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $50,000; or (ii) where the person is a repeat offender — to a fine not exceeding $100,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).


document_id: fssa-2025
provision_ref: s46
chapter: PART 1 - PRELIMINARY
section: 46
title: Importing prohibited food, etc. — strict liability
content:
46. —(1) A person commits an offence if — ( a ) the person imports an object or a thing; and ( b ) the object or thing is a prohibited food, a prohibited food contact article or a prohibited animal feed. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $20,000.


document_id: fssa-2025
provision_ref: s47
chapter: PART 1 - PRELIMINARY
section: 47
title: Unlicensed import of import-controlled item
content:
47. —(1) A person commits an offence if — ( a ) the person imports an object or a thing; ( b ) the object or thing is an import‑controlled item to which this Part applies; ( c ) the person knows, or ought reasonably to know, that the object or thing is an import‑controlled item; and ( d ) the person is not one of the following: (i) a holder of both a current licence to import and a current import consignment permit for that import‑controlled item; (ii) a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item; (iii) a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence — (i) under subsection (1); (ii) under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg; (iii) under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act, where the current offence involves fresh fruits and vegetables; (iv) under section 8(3) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a permit under that Act, where the current offence involves fresh fruits and vegetables; (v) under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act, where the current offence involves any meat or meat product or any fish or fish product; or (vi) under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)( a ) of that Act, where the current offence involves any meat or meat product or any fish or fish product. (4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)( b )(ii), (iii), (iv), (v) or (vi) may be before, on or after the commencement of this section.


document_id: fssa-2025
provision_ref: s48
chapter: PART 1 - PRELIMINARY
section: 48
title: Unlicensed import of import-controlled item — strict liability
content:
48. —(1) A person commits an offence if — ( a ) the person imports an object or a thing; ( b ) the object or thing is an import‑controlled item to which this Part applies; and ( c ) the person is not one of the following: (i) a holder of both a current licence to import and a current import consignment permit for that import‑controlled item; (ii) a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item; (iii) a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000.


document_id: fssa-2025
provision_ref: s49
chapter: PART 1 - PRELIMINARY
section: 49
title: Importing non-conforming consignment of import‑controlled item
content:
49. —(1) A person holding a current import consignment permit commits an offence if — ( a ) the person imports a consignment comprising any import‑controlled item to which this Part applies; ( b ) the consignment does not conform to any identifying detail of the consignment that is stated in the import consignment permit; ( c ) the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph ( b ); and ( d ) the import‑controlled item is not failing. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence — (i) under subsection (1); (ii) under section 8(3) of the Control of Plants Act 1993 for contravening section 8(1)( b ) of that Act, where the current offence involves fresh fruits and vegetables; or (iii) under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)( b ) of that Act, where the current offence involves any meat or meat product or any fish or fish product. (4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)( b )(ii) or (iii) may be before, on or after the commencement of this section.


document_id: fssa-2025
provision_ref: s50
chapter: PART 1 - PRELIMINARY
section: 50
title: Importing non-conforming consignment of import‑controlled item — strict liability
content:
50. —(1) A person holding a current import consignment permit commits an offence if — ( a ) the person imports a consignment comprising any import‑controlled item to which this Part applies; ( b ) the consignment does not conform to any identifying detail of the consignment that is stated in the import consignment permit; and ( c ) the import‑controlled item is not failing. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000.


document_id: fssa-2025
provision_ref: s51
chapter: PART 1 - PRELIMINARY
section: 51
title: Unlicensed export of export-controlled item
content:
51. —(1) A person commits an offence if — ( a ) the person exports an object or a thing; ( b ) the object or thing is an export‑controlled item to which this Part applies; ( c ) the person knows, or ought reasonably to know, that the object or thing is an export‑controlled item; and ( d ) the person is not one of the following: (i) a holder of both a current licence to export and a current export consignment permit for that export‑controlled item; (ii) a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item; (iii) a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).


document_id: fssa-2025
provision_ref: s52
chapter: PART 1 - PRELIMINARY
section: 52
title: Unlicensed export of export‑controlled item — strict liability
content:
52. —(1) A person commits an offence if — ( a ) the person exports an object or a thing; ( b ) the object or thing is an export‑controlled item to which this Part applies; and ( c ) the person is not one of the following: (i) a holder of both a current licence to export and a current export consignment permit for that export‑controlled item; (ii) a person on whose behalf a person in sub‑paragraph (i) is exporting the export‑controlled item; (iii) a person exempt from this section under section 320 or 321 in relation to the export of that export‑controlled item. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000.


document_id: fssa-2025
provision_ref: s53
chapter: PART 1 - PRELIMINARY
section: 53
title: Exporting non-conforming consignment of export‑controlled item
content:
53. —(1) A person holding a current export consignment permit commits an offence if — ( a ) the person exports a consignment comprising any export‑controlled item to which this Part applies; ( b ) the consignment does not conform to any identifying detail of the consignment that is stated in the export consignment permit; ( c ) the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph ( b ); and ( d ) the export‑controlled item is not failing. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).


document_id: fssa-2025
provision_ref: s54
chapter: PART 1 - PRELIMINARY
section: 54
title: Exporting non-conforming consignment of export‑controlled item — strict liability
content:
54. —(1) A person holding a current export consignment permit commits an offence if — ( a ) the person exports a consignment comprising any export‑controlled item to which this Part applies; ( b ) the consignment does not conform to any identifying detail of the consignment that is stated in the export consignment permit; and ( c ) the export‑controlled item is not failing. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000.


document_id: fssa-2025
provision_ref: s55
chapter: PART 1 - PRELIMINARY
section: 55
title: Unlicensed transhipment of transhipment-controlled item
content:
55. —(1) A person commits an offence if — ( a ) the person tranships a consignment comprising any transhipment‑controlled item; ( b ) the person knows, or ought reasonably to know, that the consignment comprises the transhipment‑controlled item; and ( c ) the person is not one of the following: (i) a licensed importer or licensed exporter who is granted a transhipment consignment permit covering the particular consignment; (ii) a person exempt from this section under section 320 or 321 in relation to the transhipment of that consignment. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).


document_id: fssa-2025
provision_ref: s56
chapter: PART 1 - PRELIMINARY
section: 56
title: Unlicensed transhipment of transhipment‑controlled item — strict liability
content:
56. —(1) A person commits an offence if — ( a ) the person tranships a consignment comprising any transhipment‑controlled item; and ( b ) the person is not one of the following: (i) a licensed importer or licensed exporter who is granted a transhipment consignment permit covering the particular consignment; (ii) a person exempt from this section under section 320 or 321 in relation to the transhipment of that consignment. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000.


document_id: fssa-2025
provision_ref: s57
chapter: PART 1 - PRELIMINARY
section: 57
title: Export or transhipment of controlled item without inspection advice
content:
57. —(1) A person commits an offence if — ( a ) the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing; ( b ) the object or thing is examinable matter; ( c ) an inspection advice has not been issued in respect of the object or thing; ( d ) the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing; ( e ) the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and ( f ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1). (4) In this section and section 58, an object or a thing is entered for export or transhipment if, in the course of the preparation or production of the object or thing for export or transhipment, the object or thing is presented to, or information about the object or thing is given to — ( a ) an officer of customs acting in the course of his or her duties; or ( b ) an authorised officer acting in the course of his or her duties, for the purpose of the officer exercising a power or performing a function in relation to the object or thing under any written law regulating export or transhipment of goods.


document_id: fssa-2025
provision_ref: s58
chapter: PART 1 - PRELIMINARY
section: 58
title: Export or transhipment of controlled item without inspection advice — strict liability
content:
58. —(1) A person commits an offence if — ( a ) the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing; ( b ) the object or thing is examinable matter; ( c ) an inspection advice has not been issued in respect of the object or thing; ( d ) the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and ( e ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000. Division 3 &#x2014; Import-controlled items offences


document_id: fssa-2025
provision_ref: s59
chapter: PART 1 - PRELIMINARY
section: 59
title: Importing item not meeting applicable standard, etc.
content:
59. —(1) A person commits an offence if — ( a ) the person imports an import‑controlled item that is none of the following: (i) a prohibited food; (ii) a prohibited food contact article; (iii) a prohibited animal feed; ( b ) the import-controlled item — (i) does not meet an applicable standard; or (ii) is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate; and ( c ) the person knows, or ought reasonably to know, when importing that the import‑controlled item — (i) does not meet an applicable standard; or (ii) is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) However, where at the trial of a person charged with an offence under subsection (1), it is proved that — ( a ) any of the following circumstances applied with respect to the import‑controlled item when imported: (i) the food was unsafe; (ii) the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and ( b ) the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph ( a ) applied with respect to the import‑controlled item when imported, the person who is convicted or found guilty of the offence shall be liable on conviction instead — ( c ) where the person is an individual — (i) to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or ( d ) where the person is not an individual — (i) to a fine not exceeding $50,000; or (ii) where the person is a repeat offender — to a fine not exceeding $100,000. (4) In subsections (2) and (3), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).


document_id: fssa-2025
provision_ref: s60
chapter: PART 1 - PRELIMINARY
section: 60
title: Importing item not meeting applicable standard, etc. — strict liability
content:
60. —(1) A person commits an offence if — ( a ) the person imports any import‑controlled item that is none of the following: (i) a prohibited food; (ii) a prohibited food contact article; (iii) a prohibited animal feed; and ( b ) the import‑controlled item — (i) does not meet an applicable standard; or (ii) is not covered by a recognised foreign government certificate where the inspection scheme regulations identify the import‑controlled item as one that, if imported, must be covered by a recognised foreign government certificate. (2) Strict liability applies to the offence in subsection (1). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $15,000. (4) However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when imported: ( a ) the food was unsafe; ( b ) the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe, the person who is convicted or found guilty of the offence shall be liable on conviction instead — ( c ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or ( d ) where the person is not an individual — to a fine not exceeding $20,000.


document_id: fssa-2025
provision_ref: s61
chapter: PART 1 - PRELIMINARY
section: 61
title: Dealing with imported examinable matter without inspection advice
content:
61. —(1) A person commits an offence if — ( a ) the person — (i) intentionally deals with an object or a thing in a particular manner; or (ii) has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply; ( b ) the object or thing is examinable matter; ( c ) the person knows, or ought reasonably to know, that the object or thing was imported; ( d ) an inspection advice has not been issued in respect of the object or thing; ( e ) the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing; ( f ) the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and ( g ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1). (4) Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content in labels for prepacked food.


document_id: fssa-2025
provision_ref: s62
chapter: PART 1 - PRELIMINARY
section: 62
title: Dealing with imported examinable matter without inspection advice — strict liability
content:
62. —(1) A person commits an offence if — ( a ) the person — (i) intentionally deals with an object or a thing in a particular manner; or (ii) has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply; ( b ) the object or thing is examinable matter; ( c ) the person knows, or ought reasonably to know, that the object or thing was imported; ( d ) an inspection advice has not been issued in respect of the object or thing; ( e ) the person has not obtained the prior approval of an authorised officer to deal with the object or thing in that manner; and ( f ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) Strict liability applies to the offence in subsection (1) except subsection (1)( a ) and ( c ). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000. (4) Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content on labels for prepacked food.


document_id: fssa-2025
provision_ref: s63
chapter: PART 1 - PRELIMINARY
section: 63
title: Dealing with failing imported food, etc., knowingly
content:
63. —(1) A person commits an offence if — ( a ) the person intentionally deals with an import‑controlled item in a particular manner; ( b ) the import‑controlled item is examinable matter; ( c ) the person knows, or ought reasonably to know, that the import‑controlled item was imported; ( d ) the person knows, or ought reasonably to know, that the import‑controlled item has been identified in an inspection advice as failing; ( e ) the person has not obtained the prior approval of an authorised officer to deal with the import‑controlled item in that manner; ( f ) the person is neither permitted nor required, in accordance with the inspection advice, to deal with the import‑controlled item in that manner; and ( g ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $50,000; or (ii) where the person is a repeat offender — to a fine not exceeding $100,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence — (i) under subsection (1); or (ii) under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product. (4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)( b )(ii) may be before, on or after the commencement of this section.


document_id: fssa-2025
provision_ref: s64
chapter: PART 1 - PRELIMINARY
section: 64
title: Possession for supply knowing that prohibited food, etc.
content:
64. —(1) A person commits an offence if — ( a ) the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply; ( b ) the object or thing is imported and is a prohibited food, a prohibited food contact article or a prohibited animal feed; and ( c ) the person knows, or ought reasonably to know, that the object or thing — (i) is imported; and (ii) is a prohibited food, a prohibited food contact article or a prohibited animal feed, as the case may be. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $50,000; or (ii) where the person is a repeat offender — to a fine not exceeding $100,000. (3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence — (i) under subsection (1); or (ii) under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product. (4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)( b )(ii) may be before, on or after the commencement of this section.


document_id: fssa-2025
provision_ref: s65
chapter: PART 1 - PRELIMINARY
section: 65
title: Possession for supply knowing, etc., applicable standard not met
content:
65. —(1) A person commits an offence if — ( a ) the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply; ( b ) the object or thing is none of the following: (i) a prohibited food; (ii) a prohibited food contact article; (iii) a prohibited animal feed; ( c ) the object or thing is an import‑controlled item that was imported; ( d ) the import‑controlled item — (i) does not meet an applicable standard; or (ii) has been identified in an inspection advice as failing; ( e ) the person knows, or ought reasonably to know, that the import‑controlled item was imported; ( f ) the person knows, or ought reasonably to know, that the import‑controlled item — (i) does not meet an applicable standard; or (ii) has been identified in an inspection advice as failing; ( g ) the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item in that manner; and ( h ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (3) However, where at the trial of a person charged with an offence under subsection (1), it is proved that — ( a ) any of the following circumstances applied with respect to the import‑controlled item: (i) the food was unsafe; (ii) the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe; and ( b ) the person knew, or ought reasonably to have known, that the relevant circumstances in paragraph ( a ) applied with respect to the import‑controlled item, the person who is convicted or found guilty of the offence shall be liable on conviction instead — ( c ) where the person is an individual — (i) to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or ( d ) where the person is not an individual — (i) to a fine not exceeding $50,000; or (ii) where the person is a repeat offender — to a fine not exceeding $100,000. (4) In subsections (2) and (3), “repeat offender”, in relation to an offence under subsection (1), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence — (i) under subsection (1); or (ii) under section 23(2) of the Wholesome Meat and Fish Act 1999, where the current offence involves any meat or meat product or any fish or fish product. (5) For the purposes of subsection (4), the conviction or finding of guilt for an offence referred to in subsection (4)( b )(ii) may be before, on or after the commencement of this section.


document_id: fssa-2025
provision_ref: s66
chapter: PART 1 - PRELIMINARY
section: 66
title: Possession for supply where applicable standard not met — strict liability
content:
66. —(1) A person commits an offence if — ( a ) the person has in possession an object or a thing knowing that it is being or is likely to be supplied or offered or displayed for supply; ( b ) the object or thing is none of the following: (i) a prohibited food; (ii) a prohibited food contact article; (iii) a prohibited animal feed; ( c ) the object or thing is an import‑controlled item that was imported; ( d ) the person knows, or ought reasonably to know, that the import‑controlled item was imported; ( e ) the import‑controlled item — (i) does not meet an applicable standard; or (ii) has been identified in an inspection advice as failing; ( f ) the person has not obtained the prior approval of an authorised officer to possess the import‑controlled item in that manner; and ( g ) the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties. (2) Strict liability applies to the offence in subsection (1) except subsection (1)( a ) and ( d ). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $15,000. (4) However, where at the trial of a person charged with an offence under subsection (1), it is proved that any of the following circumstances applied with respect to the import‑controlled item when in the person’s possession: ( a ) the food was unsafe; ( b ) the type of regulated food contact article had or may have contaminated any food or caused or may have caused food to no longer be safe, the person who is convicted or found guilty of the offence shall be liable on conviction instead — ( c ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or ( d ) where the person is not an individual — to a fine not exceeding $20,000. Division 4 &#x2014; Defence and presumption


document_id: fssa-2025
provision_ref: s67
chapter: PART 1 - PRELIMINARY
section: 67
title: Defence of due diligence
content:
67. —(1) In a prosecution of a person for an offence under this Part, it is a defence for the person charged to prove, on a balance of probabilities, that — ( a ) the commission of the offence was due to — (i) an act or omission of another person; or (ii) an accident or some other cause outside the control of the person charged; and ( b ) the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged. (2) In subsection (1)( a ), another person does not include a person who was at the time of the commission of the offence — ( a ) an employee or agent of the person charged; or ( b ) if the person charged is an entity, an officer of the entity. (3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.


document_id: fssa-2025
provision_ref: s68
chapter: PART 1 - PRELIMINARY
section: 68
title: Presumption as to possession
content:
68. For the purposes of sections 61, 62, 64, 65 and 66, where food is found in any premises that a person uses for — ( a ) manufacturing food of the same kind; ( b ) preparing food of the same kind; ( c ) storing, packing or labelling food of the same kind; ( d ) transporting or delivering food of the same kind; ( e ) displaying food of the same kind; or ( f ) selling food, whether or not of the same kind, then the following presumptions apply: ( g ) the food is presumed to be in the person’s possession for the purpose of supply until the contrary is proved; ( h ) the person is presumed, until the contrary is proved, to have known that the food is likely to be supplied or offered or displayed for supply. Division 5 &#x2014; Prohibitions, inspection schemes and
holding orders


document_id: fssa-2025
provision_ref: s69
chapter: PART 1 - PRELIMINARY
section: 69
title: Prohibited food, prohibited animal feed, etc.
content:
69. —(1) The Minister may, by order in the Gazette , prohibit the import of a food, or a brand of food, because the Minister is satisfied — ( a ) that there is uncertainty or concern about the safety and suitability of the food, in light of information about — (i) the nature of the food or the source from which it is derived; (ii) the hazards associated with the food; (iii) the measures applied during the manufacturing or handling of the food, or during its production if the food is primary produce; (iv) the likelihood of a particular contaminant being present in the food at a level determined as unacceptable in accordance with any applicable standard or any international standard, or any science‑based criteria; or (v) the likelihood that the food is unsafe or unsuitable; and ( b ) that categorising the food as prohibited food will assist in managing the risk that the food poses to human health in Singapore. (2) The Minister may, by order in the Gazette , prohibit the import of a regulated food contact article because the Minister is satisfied that there are reasonable grounds to believe that it is particularly dangerous to use with food because of its construction. Example A container that is made up of materials from which harmful chemicals are likely to migrate into the food at quantities which could endanger human health, whenever the container is used to hold hot and greasy food over short contact times, may be prescribed. (3) The Minister may, by order in the Gazette , prohibit the import of an animal feed, or a brand of animal feed, because the Minister is satisfied — ( a ) that there is uncertainty or concern about the fitness for purpose of the animal feed, or brand of animal feed, in light of information about — (i) the nature of the animal feed or the source from which it is derived; (ii) the hazards associated with the animal feed; (iii) the measures applied during the manufacturing or handling of the animal feed, or during its cultivation if the animal feed is a live animal; (iv) the likelihood that the animal feed contains a proscribed substance for the animal feed or any residue of the proscribed substance; or (v) the potential adverse impact to primary production activity in Singapore as a result of food producing animals consuming such animal feed; and ( b ) that if it did enter or continue to enter Singapore on import, the animal feed may have a significant adverse impact on any primary production activity in Singapore.


document_id: fssa-2025
provision_ref: s70
chapter: PART 1 - PRELIMINARY
section: 70
title: Import prohibition of live food producing animals
content:
70. —(1) Subject to subsection (2), the Agency may from time to time and in accordance with subsections (2), (3) and (4), make directives of general application banning the import of any live food producing animal of a particular kind from a particular country or place outside Singapore as may be necessary to alleviate or minimise any risk of the death of, or a serious physical harm to, any individual who might later consume in Singapore the animal, or any meat, meat product or fish product derived from such an animal. (2) The Agency must not make any directive under subsection (1) with respect to any relevant live food producing animal, unless it is impracticable, in the circumstances of the particular case, for any order under section 7(1) of the Animals and Birds Act 1965 to be made or amended to effectively alleviate or minimise the risk concerned. (3) Once a directive is made under subsection (1), the Agency must cause to be published a public notice of the directive — ( a ) in the Gazette ; or ( b ) in any manner that will secure adequate publicity for the directive, specifying in the public notice the date the ban takes effect, except that where for reasons of national security it is impracticable to publish the directive according to paragraph ( a ) or ( b ), the Agency must notify any person or persons that it thinks appropriate or necessary in the circumstances. (4) Every directive made under subsection (1) comes into force immediately upon its being published according to subsection (3)( a ) or ( b ) or, where notified by service on any person under subsection (3), immediately upon giving the notice to that person and in respect of that person only. (5) Any directive made under subsection (1) may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Agency only once for a further period not exceeding 30 days. (6) The Agency may, at any time when any directive made under subsection (1) is in force, revoke the directive by publishing a notice of that revocation — ( a ) in the Gazette ; or ( b ) in any manner that will secure adequate publicity for the revoking of the directive. (7) A directive made under subsection (1) prevails so far as the directive is in force even if inconsistent with any provision of — ( a ) this Act; ( b ) the Animals and Birds Act 1965; ( c ) the Control of Plants Act 1993; or ( d ) the Wildlife Act 1965. (8) Without limiting subsection (7), where a directive made under subsection (1) is made and in force — ( a ) every of the following licences, permits or approvals cease to have effect to the extent that the licence, permit or approval is inconsistent with that directive: (i) a licence granted under section 8 of the Animals and Birds Act 1965 to import or tranship any animal or bird; (ii) a permit issued under the Control of Plants Act 1993 to import any live insect‑like species or any mollusc that is not a fish; (iii) an approval granted under section 9 of the Wildlife Act 1965 to import any living wildlife; and ( b ) an application for any of those licences, permits or approvals mentioned in paragraph ( a ) must be refused where the licence, permit or approval, if granted or issued, will be inconsistent with that directive. (9) In subsection (2), “relevant live food producing animal” means a live food producing animal that is neither — ( a ) an insect‑like species; nor ( b ) a mollusc that is not a fish.


document_id: fssa-2025
provision_ref: s71
chapter: PART 1 - PRELIMINARY
section: 71
title: Regulations for inspection schemes
content:
71. —(1) The Agency, with the approval of the Minister, may make regulations establishing one or more inspection schemes applicable to any controlled item to which this Part applies — ( a ) identifying controlled items of particular kinds as controlled items of a kind that if imported, exported or transhipped must be inspected, or inspected and analysed, for the purposes of this Part; ( b ) identifying controlled items of particular kinds as controlled items that if imported, exported or transhipped must be covered by a recognised foreign government certificate for the purposes of this Part; or ( c ) classifying controlled items of particular kinds into particular categories. (2) Without limiting subsection (1), inspection scheme regulations may — ( a ) prescribe conditions in relation to the import, export or transhipment of controlled items to which this Part applies, or the import from or export to a specified country of controlled items to which this Part applies, that are required to be complied with in respect of matters or things related to the controlled items themselves; ( b ) specify circumstances in which a controlled item is taken to be failing; ( c ) specify circumstances in which a controlled item is to be taken to be failing because of its relationship to another controlled item that is found to be failing; ( d ) set out the circumstances and manner in which a controlled item, other than a controlled item that is the subject of a holding order, is to be held pending the outcome of an inspection, or inspection and analysis; and ( e ) require the keeping and retention of records for a period prescribed in the regulations, where the records are relevant to a matter that is relevant to monitoring or evaluating, compliance with the requirements of this Part.


document_id: fssa-2025
provision_ref: s72
chapter: PART 1 - PRELIMINARY
section: 72
title: Inspection advice
content:
72. —(1) After a controlled item that is required under this Part to be inspected, or inspected and analysed, upon import or before export, has been so inspected, or inspected and analysed, an authorised officer or a food inspector must issue a written advice (called in this Act an inspection advice) — ( a ) to the owner of the controlled item; and ( b ) if the controlled item is under customs control — to the person having possession of the controlled item at the time, stating — ( c ) whether the whole or a part of the controlled item dealt with in the advice is identified as failing, and in respect of a controlled item that is so identified, how the controlled item is to be dealt with; or ( d ) whether the consignment comprising the controlled item dealt with in the advice is identified as not conforming to any identifying detail of the consignment that is stated in the consignment permit, and in respect of a consignment that is so identified, how the consignment is to be dealt with. (2) Without limiting subsection (1), an inspection advice issued under this section may indicate that a controlled item identified as failing — ( a ) must be destroyed in accordance with the requirements under section 74(3) or (4); ( b ) must either be destroyed or re‑exported from Singapore in accordance with the requirements under that section; or ( c ) must, if not treated by the owner in accordance with the requirements under section 74(2) — (i) be destroyed; or (ii) be destroyed or re-exported from Singapore, in accordance with the requirements of section 74. (3) Despite subsections (1) and (2), the owner of a controlled item identified in an inspection advice as failing may, in the circumstances specified in the inspection scheme regulations, apply, in writing, to an authorised officer or a food inspector for the issue of a further inspection advice in respect of a part of that controlled item. (4) Neither — ( a ) the fact that a controlled item identified as failing under an inspection advice may be the subject of an application under subsection (3) for a further inspection advice; nor ( b ) the making of an application under subsection (3) for a further inspection advice in respect of the controlled item, causes the controlled item to cease to be failing on the basis of the original inspection advice but, if the original inspection advice indicates that the controlled item must be treated, destroyed or re‑exported, the controlled item is not required to be so treated, destroyed or re‑exported unless — ( c ) the circumstances permitting the application for the further inspection advice cease to exist; or ( d ) an application is made under subsection (3) and rejected. (5) If the owner of a controlled item identified in an inspection advice as failing, makes an application under subsection (3) for the issue of a further inspection advice in respect of a part of the controlled item, the owner must, if the controlled item to which the application relates is under customs control, inform the person having possession of the controlled item that the owner had made that application. (6) If an application is made under subsection (3), an authorised officer or a food inspector must — ( a ) if he or she is not satisfied that the application is made in accordance with the requirements of the inspection scheme regulations, reject the application and give notice to the applicant of that rejection and of the reasons for the rejection; and ( b ) in any other case, consider the application and issue to the applicant a further inspection advice in respect of the controlled item the subject of the application. (7) If a further inspection advice is issued in respect of the controlled item the subject of an application, this Act has effect as if — ( a ) that further inspection advice were substituted for the initial inspection advice issued in respect of that controlled item under subsection (1); and ( b ) subsection (3) were not included.


document_id: fssa-2025
provision_ref: s73
chapter: PART 1 - PRELIMINARY
section: 73
title: Holding orders
content:
73. —(1) If — ( a ) an inspection, or inspection and analysis, of examinable matter of a particular kind indicates the examinable matter, or a part of the examinable matter, to be failing; ( b ) an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that an examinable matter of a particular kind would, on inspection, or on inspection and analysis, be so identified as failing; ( c ) it is unclear to an authorised officer or a food inspector that an examinable matter of a particular kind is not failing and there are discrepancies, either — (i) in the documents accompanying a consignment comprising the examinable matter itself; or (ii) between the documents accompanying a consignment comprising the examinable matter and the examinable matter, that suggest that it may be unwise for the authorised officer or food inspector to rely on the documents; or ( d ) an authorised officer or a food inspector has reasonable grounds to believe that the integrity of the examinable matter covered by an import consignment permit, an export consignment permit or a transhipment consignment permit (as the case may be) cannot be ensured, the authorised officer or food inspector may, by writing, make a holding order — ( e ) stating that, until the revocation of the holding order, the following must be held in a place to be approved in writing by the same or another authorised officer or food inspector, until an inspection, or an inspection and analysis, required under the inspection scheme regulations has been completed: (i) that consignment comprising the examinable matter; (ii) any controlled item of that same kind as the examinable matter that is imported into Singapore after the making of the holding order; (iii) if the authorised officer or food inspector states that the holding order is being made in connection with the end of another order under subsection (3) — any controlled item of that same kind that is being held immediately before the end of the other order; and ( f ) specifying the circumstances in which the holding order will be revoked. (2) If the authorised officer or food inspector is satisfied, in respect of a holding order made under subsection (1), that the circumstances specified for its revocation have occurred, the authorised officer or food inspector must, by writing, immediately revoke the holding order. (3) If — ( a ) an authorised officer or a food inspector is satisfied that there are reasonable grounds for believing that a controlled item may, on inspection, or on inspection and analysis, be so identified as failing; and ( b ) the authorised officer or food inspector is satisfied that the risk is serious, the authorised officer or food inspector may, by writing, make a holding order — ( c ) stating that, until the holding order ends, a controlled item of the same kind that is or is to be imported into Singapore or that is to be exported or transhipped (as the case may be) after the making of the holding order must be held in a place approved in writing by an authorised officer or a food inspector; ( d ) stating that the holding order ends at the earlier of the following times: (i) at the end of the period of 28 days beginning on the day the holding order is made or, if that period is extended, the end of the extended period; (ii) the time when the holding order is revoked; and ( e ) specifying the circumstances in which the holding order will be revoked. (4) The Agency may, by writing, extend the 28‑day period mentioned in subsection (3)( d )(i) by a further period of up to 28 days, and the Agency may make more than one extension. (5) Subsection (1) or (3) does not prevent an authorised officer or a food inspector from giving a person an approval to deal with a controlled item of a kind covered by a holding order under that subsection while the holding order is in force.


document_id: fssa-2025
provision_ref: s74
chapter: PART 1 - PRELIMINARY
section: 74
title: Treatment, destruction or re-export of failing food, etc.
content:
74. —(1) This section applies to a controlled item that — ( a ) has been identified in an inspection advice as failing; and ( b ) is required, under that advice, to be treated, destroyed or re‑exported from Singapore. (2) If an inspection advice, given in respect of a controlled item to which this section applies, permits the treatment of the controlled item so as to bring it into compliance with this Act or to enable its use for a purpose other than human consumption, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item — ( a ) require the owner to treat the controlled item in a specified manner or in a manner to be agreed between the owner and the authorised officer or food inspector (as the case may be) so as to enable it to be brought into compliance with this Act or to be so used for a purpose other than human consumption; or ( b ) if the owner is unable or unwilling to so treat the controlled item, require either — (i) the destruction of the controlled item in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or (ii) the re‑export of the controlled item. (3) If an inspection advice requires the destruction of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector. (4) If an inspection advice requires the destruction or re‑export of a controlled item to which this section applies, an authorised officer or a food inspector may, by written notice given to the owner of the controlled item, require either — ( a ) its destruction in a manner specified in the notice or in a manner to be agreed between the owner and the authorised officer or food inspector; or ( b ) its re‑export. (5) A permission to treat or a requirement to destroy or re‑export a controlled item in a written notice under subsection (2), (3) or (4) must specify a period (having regard to the reasons why the controlled item has been identified as failing and to any difficulties associated with arranging for its treatment, destruction or re‑export) within which that treatment, destruction or re-export is to be completed. (6) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be treated, destroyed or re‑exported arranges for a treatment, destruction or re‑export in accordance with the written notice, that treatment, destruction or re‑export may be supervised by an authorised officer or a food inspector. (7) If the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported refuses or fails to arrange for the destruction or re‑export of the controlled item in accordance with the written notice, the Agency may — ( a ) carry out or cause to be carried out the destruction or re‑export required in that written notice; and ( b ) recover all expenses reasonably incurred by the Agency in the exercise of the powers under this subsection from the person in default. (8) Without limiting the right of the Agency to exercise any power under subsection (7), the owner of a controlled item that is required in a written notice under subsection (2), (3) or (4) to be destroyed or re‑exported commits an offence if the owner intentionally refuses or fails to comply with the requirement to destroy or re‑export that controlled item. (9) A person who is guilty of an offence under subsection (8) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (10) Subsection (8) does not apply if the person has a reasonable excuse. (11) In this section — “owner”, in relation to a controlled item that is permitted to be treated or required to be destroyed or re‑exported, means a person having a beneficial interest in the controlled item other than a person who has such an interest only because he or she has been given a mortgage or charge, or has a lien, over the goods; “repeat offender”, in relation to an offence under this section, means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under this section.


document_id: fssa-2025
provision_ref: s75
chapter: PART 1 - PRELIMINARY
section: 75
title: Recognised foreign government certificates, etc.
content:
75. —(1) The Agency may determine, in writing, that a report, certificate or other document — ( a ) issued by or under the authority of — (i) a specified foreign government of a particular foreign country; or (ii) a foreign food authority of a specified foreign country; and ( b ) stating that food of a specified kind meets an applicable standard or a requirement of this Act, is a recognised foreign government certificate. (2) The Agency may make a determination under subsection (1) in relation to a particular foreign country if the Agency is satisfied — ( a ) that there is in force an agreement between Singapore and that foreign country; or ( b ) based on an assessment of the food safety systems of Singapore and that foreign country, that — (i) Singapore and the foreign country have equivalent food safety systems; or (ii) the foreign country has schemes for periodic inspection and evaluation, or does conduct equivalent monitoring, of the food or primary production activities in the foreign country. (3) The Agency may revoke a determination under subsection (1) if the Agency has reason to doubt the continued reliability of a statement made in any certificate to which the determination relates. Division 6 &#x2014; Licensing


document_id: fssa-2025
provision_ref: s76
chapter: PART 1 - PRELIMINARY
section: 76
title: Types of licences and permits
content:
76. —(1) A licence may be granted by the Agency under this Part authorising, for a period, the holder of the licence — ( a ) to import in the course of business an import‑controlled item stated in the licence; or ( b ) to export in the course of business an export‑controlled item stated in the licence. (2) An import consignment permit may be granted by the Agency under this Part for a consignment comprising import‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit. (3) An export consignment permit may be granted by the Agency under this Part for a consignment comprising export‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit. (4) A transhipment consignment permit may be granted by the Agency under this Part for a consignment comprising transhipment‑controlled items of a particular kind (according to the Agency’s classification) stated in the permit. (5) A consignment permit may cover only one consignment comprising a controlled item of one particular kind (according to the Agency’s classification).


document_id: fssa-2025
provision_ref: s77
chapter: PART 1 - PRELIMINARY
section: 77
title: Application of Division 4 of Part 14 (general licensing procedures)
content:
77. Division 4 of Part 14 applies to every application for a licence or consignment permit, and to every licence or consignment permit granted under this Part, subject to the modifications in this Part.


document_id: fssa-2025
provision_ref: s78
chapter: PART 1 - PRELIMINARY
section: 78
title: Criteria for grant, etc., of licence
content:
78. —(1) This section applies where the Agency is deciding any of the following: ( a ) whether an applicant should be granted a licence; ( b ) the conditions to impose on a licence; ( c ) whether to modify any condition of a licence. (2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters: ( a ) whether the applicant or licensee, or an associate of the applicant or licensee, is or was disqualified by section 298 from holding the same licence or another licence; ( b ) whether regulatory action under section 83 has been or is being taken or is contemplated against the applicant or licensee; ( c ) any available information as to whether or not the applicant or licensee has been convicted or found guilty of any relevant offence within the meaning of section 83(3) (whether or not the offence was committed before, on or after the commencement of this section); ( d ) the applicant’s or licensee’s compliance history with any of the following so far as that relates to the trading activity to be authorised or authorised by the licence: (i) the provisions of this Act or of a code of practice applicable to the applicant or licensee (as the case may be) with respect to that trading activity; (ii) the conditions of any similar licence granted to the applicant or licensee; (iii) the requirements of a holding order under section 73; (iv) a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported; ( e ) whether there are other grounds for considering that the applicant or licensee is likely in the future to fail to comply with any provision of this Act in connection with the trading activity to be authorised or authorised by the licence; ( f ) the applicant’s or licensee’s compliance history with Part 2, where applicable; ( g ) whether and how the applicant or licensee prepares to deal with the occurrence of a disruptive event affecting the supply in Singapore of the import‑controlled item covered or to be covered by the licence, including (and not limited to) having a procurement plan for that import‑controlled item; ( h ) whether it is otherwise not in the public interest of Singapore for the applicant to be granted a licence. (3) Subsection (2) applies to an applicant or a licensee which is an entity with the following modifications: ( a ) paragraph ( a ) of that subsection must be read as if the paragraph refers only to the officers of the entity instead of the entity; ( b ) paragraphs ( b ), ( c ) and ( d ) of that subsection must be read as if they refer to the entity and its officers. (4) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant. (5) The Agency may require an applicant for a licence to amend and re‑submit a procurement plan, for the purpose of assessing the application by the applicant. (6) In granting a person a licence to import in the course of business an import‑controlled item stated in the licence, the Agency accepts the person’s procurement plan submitted under subsection (2)( g ).


document_id: fssa-2025
provision_ref: s79
chapter: PART 1 - PRELIMINARY
section: 79
title: Criteria for grant, etc., of consignment permit
content:
79. —(1) This section applies where the Agency is deciding any of the following: ( a ) whether an applicant should be granted a consignment permit; ( b ) the conditions to impose on a consignment permit; ( c ) whether to modify any condition of a consignment permit. (2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters: ( a ) in the case of an import consignment permit, whether the import‑controlled item to be imported is a kind of food that is identified under any inspection scheme regulations as one that, if imported, must be covered by a recognised foreign government certificate; ( b ) whether any regulatory action under section 83 or 84 has been or is being taken or is contemplated against the applicant; ( c ) whether there has been a serious failure or repeated failures by the applicant to comply with — (i) the conditions of any previous consignment permit granted to the applicant; or (ii) a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported; ( d ) whether it is otherwise not in the public interest of Singapore for the permit to be granted in respect of the consignment which is the subject of the application. (3) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant. (4) If the owner of a controlled item that is required in a written notice under section 74(2), (3) or (4) to be treated, destroyed or re‑exported fails to comply with the requirement to treat, destroy or re‑export the controlled item, the Agency may refuse to grant a consignment permit in respect of any other controlled item imported or to be imported into Singapore by or on behalf of that owner.


document_id: fssa-2025
provision_ref: s80
chapter: PART 1 - PRELIMINARY
section: 80
title: Conditions of licence or consignment permit
content:
80. Without limiting section 294, in granting a licence or consignment permit to any person, the Agency may impose conditions — ( a ) restricting the import of any import‑controlled item from any foreign country; ( b ) restricting — (i) the export of any export‑controlled item to any foreign country; or (ii) the transhipment of any transhipment‑controlled item, to any foreign country, or from any foreign country; ( c ) requiring the licensee to prepare to deal, and to deal, with any disruptive event affecting the supply in Singapore of the import‑controlled item covered by the licence in accordance with a procurement plan with which the Agency accepts; or ( d ) requiring the furnishing of a performance bond, guarantee or any other form of security of such amount and on such terms and conditions as the Agency may determine — (i) to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence or any consignment permit granted to that licensed importer or licensed exporter; (ii) to meet any financial penalty arising out of any regulatory action under section 83 or 84 against the licensed importer or licensed exporter; or (iii) for both sub‑paragraphs (i) and (ii).


document_id: fssa-2025
provision_ref: s81
chapter: PART 1 - PRELIMINARY
section: 81
title: Validity of licence and consignment permit
content:
81. —(1) Every licence granted under this Part is in force for the period (not exceeding 5 years) specified in the licence — ( a ) except when it is wholly suspended under section 83(2); and ( b ) unless it is earlier revoked under section 83(1). (2) Every consignment permit granted under this Part is in force for the period stated in the permit unless — ( a ) it is earlier cancelled under section 84; or ( b ) the consignment covered by the permit has been imported, exported or transhipped, as the case may be.


document_id: fssa-2025
provision_ref: s82
chapter: PART 1 - PRELIMINARY
section: 82
title: Modifying conditions of licence
content:
82. Subject to Division 4 of Part 14, it is lawful for the Agency to modify the conditions of a licence without compensating the licensed importer or licensed exporter concerned.


document_id: fssa-2025
provision_ref: s83
chapter: PART 1 - PRELIMINARY
section: 83
title: Regulatory action concerning licence
content:
83. —(1) Subject to Division 4 of Part 14, if the Agency is satisfied that — ( a ) a licensed importer or licensed exporter is contravening or not complying with, or has contravened or failed to comply with — (i) any of the conditions of its licence; (ii) any provision of this Act applicable to the licensed importer or licensed exporter so far as that relates to trading activity, the contravention of or non‑compliance with which is not an offence under this Act; (iii) any provision of a code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence; (iv) any direction given to the licensee under subsection (2)( e ) or ( f ); or (v) any requirement in section 88 applicable to the licensee; ( b ) the licensed importer or licensed exporter has ceased to undertake the trading activity authorised by its licence; ( c ) the licensed importer or licensed exporter, or any officer of the licensed importer or licensed exporter, is convicted of a relevant offence committed during the term of the licence or an immediately prior licence; ( d ) there is or has been a serious failure of the operations of the licensed importer or licensed exporter, or there are or have been other matters, that cast doubt on the safety of the food imported, exported or transhipped by the licensed importer or licensed exporter; ( e ) the licence had been obtained by the licensee by fraud or misrepresentation; or ( f ) the public interest of Singapore requires, the Agency may revoke (without any compensation) the licence of the licensed importer or licensed exporter, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensed importer or licensed exporter (as the case may be) under this Act. (2) However, the Agency may, in lieu of revoking under subsection (1) the licence of a licensed importer or licensed exporter, do (without any compensation) one or more of the following: ( a ) censure the licensed importer or licensed exporter in writing; ( b ) direct the licensed importer or licensed exporter to do, or to refrain from doing, any thing that is specified in a direction to rectify any contravention or non‑compliance that constitutes the ground for regulatory action; ( c ) suspend (in whole or in part) the licence for not more than 6 months; ( d ) modify any condition of the licence; ( e ) direct the licensed importer or licensed exporter to pay, within a period specified in a direction, a financial penalty of any amount that the Agency thinks fit, but not exceeding $5,000 for each contravention of or failure to comply with any matter in subsection (1)( a ) or for each other ground of regulatory action; ( f ) direct the furnishing by the licensed importer or licensed exporter of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, for all or any of the following: (i) to secure compliance by the licensed importer or licensed exporter with any condition attached to the licence; (ii) to secure compliance by the licensed importer or licensed exporter with any code of practice applicable to the licensed importer or licensed exporter so far as that relates to trading activity authorised by the licence; (iii) for the purpose of meeting any financial penalty arising out of any regulatory action started or likely to start against the licensed importer or licensed exporter. (3) In subsection (1)( c ), “relevant offence” means — ( a ) an offence under section 45, 47, 51, 55, 57, 61 or 63, or under section 59 or 65 (involving unsafe food only) or under section 256 (involving a foreign government certificate only); ( b ) an offence under section 139 in relation to any food or food contact article imported by the licensee concerned; ( c ) an offence under section 257 in relation to any trading activity of the licensed importer or licensed exporter; ( d ) an offence under — (i) section 28 or 28A of the Regulation of Imports and Exports Act 1995 in relation to any import‑controlled item, export‑controlled item or transhipment‑controlled item imported, exported or transhipped by the licensee concerned; or (ii) the Regulation of Imports and Exports (Chewing Gum) Regulations (R 4); or ( e ) an offence — (i) under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg; (ii) under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act; (iii) under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act; or (iv) under any other repealed law which corresponds to an offence mentioned in paragraph ( a ). (4) Subsection (2)( e ) does not apply where the ground of regulatory action is subsection (1)( c ).


document_id: fssa-2025
provision_ref: s84
chapter: PART 1 - PRELIMINARY
section: 84
title: Cancelling consignment permit
content:
84. Subject to Division 4 of Part 14, the Agency may cancel (without any compensation) an import consignment permit, an export consignment permit or a transhipment consignment permit granted to a licensed importer or licensed exporter if — ( a ) in the case of an import consignment permit, the Agency is of the opinion that — (i) the food to be imported under that permit is or may be unsafe or unsuitable or is or may be defined food; (ii) the type of regulated food contact article to be imported under that permit has or may have contaminated any food or caused or may have caused food to no longer be safe; or (iii) the animal feed to be imported under that permit is or may be not fit for purpose; ( b ) the Agency reasonably believes that the integrity of the controlled items covered by the import consignment permit, export consignment permit or transhipment consignment permit (as the case may be) cannot be ensured; ( c ) the Agency reasonably believes that the licensed importer or licensed exporter made a false, misleading or incomplete statement in an application for the consignment permit in question; ( d ) the licensed importer or licensed exporter is or is about to be the subject of regulatory action under section 83; or ( e ) the public interest of Singapore requires.


document_id: fssa-2025
provision_ref: s85
chapter: PART 1 - PRELIMINARY
section: 85
title: Post-revocation, etc., of licence or permit
content:
85. —(1) This section applies where — ( a ) the licence of a licensed importer or licensed exporter is revoked or wholly suspended under section 83; or ( b ) a consignment permit granted to a licensed importer or licensed exporter for a consignment is cancelled under section 84. (2) The Agency may, in any of the circumstances described in subsection (1), direct as follows: ( a ) direct that any controlled item imported, or handled under any of the operations of the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) affected by the revocation, suspension or cancellation (as the case may be) must not be sold; ( b ) direct the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) to take appropriate action to deal with the controlled item affected by the revocation, suspension or cancellation, as the case may be. (3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction, and shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or (ii) where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $30,000; or (ii) where the person is a repeat offender — to a fine not exceeding $60,000. (4) Subsection (3) does not apply if the person has a reasonable excuse. (5) In subsection (3), “repeat offender”, in relation to an offence under subsection (3), means a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under that subsection. Division 7 &#x2014; Traceability obligation for importers


document_id: fssa-2025
provision_ref: s86
chapter: PART 1 - PRELIMINARY
section: 86
title: Application of this Division
content:
86. —(1) This Division applies only to a licensed importer who imports any of the following import‑controlled items: ( a ) any of the following food: (i) meat and meat products; (ii) fish and fish products; (iii) fresh fruits and vegetables; (iv) eggs; (v) any other food except a food additive as such; ( b ) any prepacked food additive preparation; ( c ) any regulated food contact article; ( d ) any animal feed. (2) This Division applies only in respect of the import made on or after the commencement of this Division of an import‑controlled item mentioned in subsection (1).


document_id: fssa-2025
provision_ref: s87
chapter: PART 1 - PRELIMINARY
section: 87
title: Information licensed importer must keep or have ready access to
content:
87. —(1) If an import‑controlled item to which this Division applies is imported, the licensed importer concerned must keep, or have ready access to, the information described in subsection (2) for no shorter than the period prescribed for that import‑controlled item. (2) The information is — ( a ) the prescribed identity particulars and prescribed contact details of the supplier of the import‑controlled item; ( b ) the prescribed identity particulars and prescribed contact details of — (i) the manufacturer or primary producer of the import‑controlled item which is food (other than a food additive as such) or any prepacked food additive preparation; or (ii) the manufacturer of the import‑controlled item which is a regulated food contact article or an animal feed; ( c ) a description of the identity of the import‑controlled item by commodity, brand (if any) and lot (if any); and ( d ) any other information that is prescribed. (3) A licensed importer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000. (4) Strict liability applies to the offence in subsection (3). (5) In this section, “prescribed” means prescribed by any regulations made under Part 15.


document_id: fssa-2025
provision_ref: s88
chapter: PART 1 - PRELIMINARY
section: 88
title: Identification, location and tracing of import‑controlled items
content:
88. —(1) A licensed importer must have procedures for — ( a ) identifying and locating imported import‑controlled items to which this Division applies; and ( b ) tracing imported import‑controlled items to which this Division applies so that the imported import‑controlled item can be traced — (i) from the supplier of the import‑controlled item to the licensed importer; (ii) while it is under the licensed importer’s control; and (iii) from the licensed importer to the next person to whom responsibility for the import‑controlled item has passed (other than the ultimate consumer). (2) A licensed importer must ensure that imported import‑controlled items are identified, located and traced in accordance with those procedures. (3) The information required under subsection (1) must be accurate. (4) The information required under subsection (1) must also be sufficient to allow an effective recall to be carried out under Part 7. (5) A licensed importer must — ( a ) have procedures for recalling — (i) food (other than a food additive as such) or any prepacked food additive preparation supplied in Singapore that the importer considers to be unsafe or unsuitable or whose safety or suitability is in doubt; (ii) regulated food contact articles supplied in Singapore that the importer considers to be or might be dangerous to use with food; or (iii) animal feed supplied in Singapore that the importer considers to be not fit for purpose or whose fitness for purpose is in doubt; ( b ) conduct simulations or other tests of those procedures if required by the Agency; and ( c ) recall, in accordance with those procedures — (i) food (other than a food additive as such) or any prepacked food additive preparation supplied in Singapore that the importer considers to be unsafe or unsuitable or whose safety or suitability is in doubt; (ii) regulated food contact articles supplied in Singapore that the importer considers to be or might be dangerous to use with food; or (iii) animal feed supplied in Singapore that the importer considers to be not fit for purpose or whose fitness for purpose is in doubt. (6) If the licensed importer decides to recall any imported import‑controlled item to which this Division applies on the ground that — ( a ) the food (other than a food additive as such) or any prepacked food additive preparation is or might be unsafe or unsuitable; ( b ) the regulated food contact article is or might be dangerous to use with food; or ( c ) the animal feed is or might be not fit for purpose, the importer must notify the Agency of the following as soon as practicable, but no later than 24 hours after making the decision: ( d ) the import‑controlled item affected by the recall; ( e ) the reason for the recall.


document_id: fssa-2025
provision_ref: s89
chapter: PART 1 - PRELIMINARY
section: 89
title: Providing information — importer
content:
89. —(1) When requested to do so by an authorised officer or a food inspector, a licensed importer is bound to state truly what the licensed importer is requested, and must give information about the matters in section 87(1) — ( a ) in a readily accessible format; and ( b ) within 24 hours after the request, or within any reasonable shorter period specified by the authorised officer or food inspector, as the case may be. (2) Where any information which is required by subsection (1) to be given to an authorised officer or a food inspector is not given or is not given within the time delimited under subsection (1)( b ), then the licensed importer requested to give the information shall be guilty of an offence and shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $10,000. (3) Subsection (2) does not apply if the person required to give the information has a reasonable excuse. (4) The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.


document_id: fssa-2025
provision_ref: s90
chapter: PART 1 - PRELIMINARY
section: 90
title: Definitions for Part 4
content:
90. In this Part — “accepted”, in relation to a farm management plan or food control plan, means such a plan which the Agency last accepts under this Part; “application”, for a food business licence, means an application for or to renew the food business licence; “farm management plan”, for a licensable food business that involves undertaking primary production activity, means a plan identifying how the proprietor of the food business will undertake the primary production activity with reference to all or any of the following matters as the Agency considers relevant: ( a ) the species of animal to be farmed or plants to be cultivated; ( b ) the quantity of animals to be farmed or plants to be cultivated; ( c ) the area of land or waters on or in which the animals are to be farmed or plants are to be cultivated; ( d ) the method of farming the animals or cultivating the plants; ( e ) the primary production equipment to be used; ( f ) proposed stocking densities; ( g ) the carrying capacity of the area to be used for farming the food producing animals; ( h ) for aquaculture — (i) the water quality (including discharged water quality) and relevant response protocols; (ii) the sediment quality and relevant response protocols; and (iii) maximum nutrient loads and response thresholds; ( i ) disease testing, pest monitoring and relevant response protocols in connection with diseases and pests; ( j ) farm waste management protocols; ( k ) biosecurity and quarantine; ( l ) the audit mechanisms for the farm management plan; ( m ) the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted farm management plan has been complied with; “food control plan”, for a licensable food business that does not involve undertaking any primary production activity, means a plan identifying how the proprietor of the food business will carry on the particular licensable food business with reference to all or any of the following matters as the Agency considers relevant: ( a ) the knowledge, skill, health and hygiene requirements for the people handling food in the course of the licensable food business; ( b ) the design, construction, maintenance and cleanliness of the following used, or intended to be used, for the licensable food business: (i) the premises (including layout, fittings and fixtures) at which food is handled; (ii) the plant or equipment (including regulated food contact articles and single‑use items) used to handle food; (iii) the conveyances used to transport food; ( c ) the systematic identification of the potential hazards that may be reasonably expected to occur in each food handling operation that is to be, or that is being, carried out in the course of the licensable food business; ( d ) how and where each hazard identified under paragraph ( c ) can be controlled and the means of control; ( e ) the systematic monitoring of those controls in paragraph ( d ), and the appropriate corrective action when each hazard identified under paragraph ( c ) is found not to be under control; ( f ) the procedures and practices established by the proprietor so as to monitor and ensure the compliance by the proprietor, and the employees or workers of the proprietor, with — (i) the requirements of this Act with respect to the food business; (ii) any applicable standard as is applicable to the food business; (iii) the conditions of the food business licence relating to the food business, if granted; and (iv) the food control plan accepted by the Agency when granting that food business licence; ( g ) the keeping of records which are sufficient to allow the Agency, an authorised officer or a food inspector to assess whether the accepted food control plan has been complied with. Division 2 &#x2014; Food business licence for
licensable food business


document_id: fssa-2025
provision_ref: s91
chapter: PART 1 - PRELIMINARY
section: 91
title: Application of Division 4 of Part 14 (general licensing procedures)
content:
91. —(1) Division 4 of Part 14 applies to every application for a food business licence to use any premises to carry on a licensable food business, and to every food business licence granted under this Part, subject to the modifications in this Part. (2) In addition, every application for a food business licence to use any premises to carry on a licensable food business must (if required by regulations made under Part 15) be accompanied by — ( a ) a farm management plan, if the food business involves any primary production activity; or ( b ) a food control plan, if the licensable food business is not a food business in paragraph ( a ) but is prescribed in a food safety scheme as requiring a food control plan. (3) The Agency may require an applicant for a food business licence to amend and re‑submit a farm management plan or a food control plan, for the purpose of assessing the application by the applicant.


