Part of a comprehensive analysis of the Sale of Food Act 1973
All Parts in This Series
Key Provisions and Their Purpose in the Sale of Food Act 1973
The Sale of Food Act 1973 is a foundational statute in Singapore that governs the regulation of food sale to ensure public health and safety. Part 1 of the Act sets out essential provisions that establish the Act's scope, provide clear definitions, and delineate the regulatory framework for food businesses. These provisions are critical because they create a common understanding of terms and concepts used throughout the Act, thereby facilitating effective enforcement and compliance.
"This Act is the Sale of Food Act 1973." — Section 1
Verify Section 1 in source document →
This short title provision exists to formally identify the legislation, ensuring clarity and ease of reference in legal and administrative contexts.
"In this Act, unless the context otherwise requires — 'advertisement' means any of the following where used or apparently used to promote, directly or indirectly, the sale of food:..." — Section 2
Verify Section 2 in source document →
The definition of "advertisement" is broad, covering various forms of communication to regulate promotional activities related to food sales. This provision exists to prevent misleading or deceptive advertising that could compromise consumer safety or misinform the public.
"Meaning of 'food'... '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..." — Section 2A
Verify Section 2A in source document →
This definition is fundamental as it sets the scope of what is regulated under the Act. By clearly defining "food," the Act ensures that all relevant substances intended for human consumption are subject to regulatory oversight, thereby protecting consumers from unsafe or unsuitable food products.
"Meaning of 'food business'... 'food business' means a business or an undertaking or activity that involves, in whole or part — (a) the handling of food intended for sale; (b) the sale of food (on the Internet or otherwise); or (c) primary food production..." — Section 2B
Verify Section 2B in source document →
Defining "food business" is crucial for identifying the entities and activities subject to the Act’s requirements. This provision exists to capture the entire food supply chain, from production to sale, ensuring comprehensive regulation and accountability.
"Meaning of unsafe food... food is unsafe at a particular time if it would be likely to cause illness or injury or other physical harm to a person who might later consume it..." — Section 2C
Verify Section 2C in source document →
This provision defines "unsafe food" to protect public health by prohibiting the sale of food that poses a risk of harm. It establishes a clear standard for safety, enabling enforcement agencies to take action against hazardous food products.
"Meaning of unsuitable food... food is unsuitable if it is food that — (a) is damaged, deteriorated or perished to an extent that affects its reasonable intended use;..." — Section 2D
Verify Section 2D in source document →
By defining "unsuitable food," the Act addresses food quality and fitness for consumption. This provision exists to prevent the sale of food that, while not necessarily unsafe, is not appropriate for consumption due to deterioration or damage.
"Meaning of 'sell'... 'sell' includes carrying on any of the following activities, or a combination of those activities, in relation to food for human consumption or to a food contact article: (a) bartering; (b) offering for sale or attempting to sell;..." — Section 2E
Verify Section 2E in source document →
The broad definition of "sell" ensures that all forms of commercial transactions involving food are regulated. This provision exists to close potential loopholes and ensure that all activities related to the distribution of food fall within the Act’s regulatory ambit.
Comprehensive Definitions in Part 1 of the Sale of Food Act 1973
Part 1 of the Sale of Food Act 1973 contains an extensive list of definitions that provide clarity and precision to the terms used throughout the legislation. These definitions are vital because they establish the parameters for regulatory enforcement and compliance, reducing ambiguity and enhancing legal certainty.
"In this Act, unless the context otherwise requires — 'advertisement' means any of the following where used or apparently used to promote, directly or indirectly, the sale of food: (a) any words, whether written or in an audible message; (b) any still or moving picture, sign, symbol or other visual image or representation; (c) any combination of 2 or more of those things in paragraph (a) or (b), but does not include communications of personal opinion made by an individual (for no commercial gain) to the public or a section of the public in relation to any goods or services, brand of goods or services, or person who provides goods or services; 'Agency' means the Singapore Food Agency established by the Singapore Food Agency Act 2019; 'analysis' includes micro-biological assay, and 'analyse' is to be construed accordingly; 'authorised analyst' means any person appointed by the Director-General to be an authorised analyst under section 3(3); 'authorised officer' means the Director-General and any person appointed by the Director-General to be an authorised officer under section 3(2); 'Director-General' means the Director-General, Food Administration appointed under section 3(1); 'fish' means any species of fish (whether marine or freshwater), and includes — (a) crustacea, shellfish, echinoderm and molluscs; and (b) the eggs and young of any fish; 'fish product' means any of the following intended for human consumption: (a) part of any fish; (b) any product derived from processing or preserving fish; (c) any product containing fish; 'food' has the meaning given by section 2A; 'food business' has the meaning given by section 2B; 'food contact article' means the whole or any part of any utensil, machinery, instrument, device, apparatus, container, appliance or article that is used, or that is designed or intended for use, in or in connection with the handling of food, but does not include any pipe, water fitting, apparatus or appliance used for the supply of water by the Public Utilities Board; 'food premises' means any premises at, on or from which food is sold, or handled with the intention that it be sold, and includes — (a) a food vending machine; or (b) any premises used for a primary food production business, but does not include any description of premises declared by the Minister by order in the Gazette not to be a food premises; 'handling', in relation to food for sale, includes any one or more of the following: (a) making or manufacturing the food; (b) processing or preserving the food; (c) cooking, defrosting, heating or preparing the food; (d) storing, packing or labelling the food; (e) transporting or delivering the food; (f) displaying the food; (g) serving the food, but does not include primary food production; 'import', means to bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore but does not include the bringing into Singapore by water or air of any goods which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which they were brought into Singapore without any landing or transhipment within Singapore; 'importer', in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the article or is in any way entitled to the custody or control of the article; 'infectious disease' means — (a) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976; (b) any skin disease which is likely to be contagious; and (c) such other disease as the Minister may prescribe; 'insanitary conditions' means such conditions or circumstances as might contaminate any food with dirt or filth or render the same injurious to health or unfit for human consumption; 'intended use', in relation to food, means the use of the food that is specifically stated, or could reasonably be presumed to be intended, taking into account the food’s nature, labelling, packaging and identification; 'label' includes any tag, brand, mark or statement in writing or any representation or design or other descriptive matter on or attached to or used or displayed in connection with or accompanying any food or package containing food; 'licence' means a licence issued under Part 4; 'licensee' means a person who is the holder of a licence; 'manufacturing', in relation to food for sale, includes any one or more of the following: (a) making food by combining ingredients; (b) significantly changing the condition or nature of food by any process, such as milling flour or peeling, cutting and freezing fruits; (c) bottling or canning food, including bottling water; (d) making ice, but does not include — (e) cooking or otherwise preparing food at a particular place for retail sale at the place, including sale for immediate consumption; or (f) making ice at a particular place for use at the place; 'meat' includes any part of slaughtered poultry, bovine animal, ovine animal, caprine animal, porcine animal, game or other animal, that is intended for human consumption; 'meat product' means any of the following intended for human consumption: (a) offal or other part of a carcase; (b) any product derived from processing or preserving meat; (c) any product containing meat; 'non-retail food business' has the meaning given by section 2F; 'package' includes every means by which goods may be cased, enclosed, contained or packed; 'poison' means any substance deemed to be a poison within the meaning of the Poisons Act 1938; 'premises' includes — (a) land (whether or not vacant); (b) the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); (c) a vehicle; and (d) a pontoon; 'prepare' includes manufacture, process and treat; 'primary food production' means the growing, raising, cultivation, picking, harvesting, collection or catching of food, and includes the following: (a) the transport or delivery of food on, from or between premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; (b) the packing, treating (for example, washing) or storing of food on the premises on which it was grown, raised, cultivated, picked, harvested, collected or caught; (c) the storage of food in a silo that is not connected with a food processing operation and the transport or delivery of food from, between or to such silos; (d) the sale of livestock at sale yards and the transport of livestock to and from sale yards; (e) any other food production activity that is prescribed as primary food production for the purposes of this Act, but does not include — (f) any process involving the substantial transformation of food (for example, manufacturing or canning), regardless of whether the process is carried out on the premises on which the food was grown, raised, cultivated, picked, harvested, collected or caught; (g) the sale or service of food directly to the public; or (h) any other food production activity that is declared by the Minister by order in the Gazette not to be primary food production for the purposes of this Act; 'primary food production business' means a business or an undertaking or activity that involves, in whole or part, primary food production; 'proprietor' means — (a) for a food business — (i) the person carrying on the food business; or (ii) if the person in sub-paragraph (i) cannot be identified, the person in charge of the food business; and (b) for any food premises — the proprietor of the food business that operates at, on or from the premises; 'public health' means the health of — (a) the people in Singapore; or (b) a community or section of those people; 'requirement of this Act' means — (a) a requirement of or under a provision of this Act; (b) a requirement of or under any food regulation; (c) a requirement of a notice or order given by the Director-General under this Act; (d) a requirement of a direction given by the Director-General under Part 2A; or (e) a condition imposed by or under this Act or any food regulation; 'retail food business' means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act; 'sell' has the meaning given by section 2E; 'statutory authority' means a body corporate established or constituted by or under a public Act to perform or discharge a public function, and includes a Town Council; 'substance' includes any liquid, mixture or compound; 'unsafe', in relation to food, has the meaning given by section 2C; 'unsuitable', in relation to food, has the meaning given by section 2D; 'vehicle' means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air, such as an aircraft, a vessel, train, motor vehicle or personal mobility device." — Section 2
Verify Section 2 in source document →
This extensive list of definitions exists to ensure that all stakeholders—regulators, food businesses, and consumers—have a clear and shared understanding of the terminology used in the Act. This clarity is essential for effective regulation, enforcement, and compliance, as well as for protecting public health by covering all relevant aspects of food handling, sale, and production.
Penalties for Non-Compliance
The provided text does not include any specific provisions or sections detailing penalties for non-compliance with the Sale of Food Act 1973. However, it is standard for regulatory statutes to include such provisions elsewhere in the Act or in subsidiary legislation to enforce compliance and deter violations. The absence of penalty provisions in the extracted text suggests that they may be located in other parts of the Act or related regulations.
Cross-References to Other Legislation
The Sale of Food Act 1973 cross-references several other statutes, reflecting the interconnected nature of food regulation and public health law in Singapore. These cross-references serve to integrate the Sale of Food Act within the broader legal framework, ensuring consistency and comprehensive coverage of related issues.
"'Agency' means the Singapore Food Agency established by the Singapore Food Agency Act 2019;" — Section 2
Verify Section 2 in source document →
This cross-reference establishes the Singapore Food Agency as the regulatory authority responsible for administering the Act, linking the Act to the statutory framework governing food safety and regulation.
"'infectious disease' means — (a) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976;" — Section 2
This provision connects the Sale of Food Act to the Infectious Diseases Act 1976, highlighting the importance of controlling infectious diseases in the context of food safety and public health.
"'poison' means any substance deemed to be a poison within the meaning of the Poisons Act 1938;" — Section 2
Verify Section 2 in source document →
By referencing the Poisons Act 1938, the Sale of Food Act clarifies the regulatory treatment of poisonous substances, ensuring that such substances are not confused with food and are regulated appropriately.
"food does not include — (a) any health product within the meaning of the Health Products Act 2007; (b) any substance that is a medicinal product within the meaning of the Medicines Act 1975; (c) any controlled drug, psychoactive substance, controlled material or controlled substance within the meaning of the Misuse of Drugs Act 1973; (d) any poison within the meaning of the Poisons Act 1938; (e) any cosmetics; (f) any tobacco product or tobacco substitute within the meaning of the Tobacco (Control of Advertisements and Sale) Act 1993;" — Section 2A(3)
This exclusion clause delineates the boundaries of the Sale of Food Act by specifying substances that are not considered food under the Act. This prevents regulatory overlap and confusion by directing these substances to be regulated under their respective Acts.
"'retail food business' means a business or an undertaking or activity at a food establishment within the meaning of the Environmental Public Health Act 1987 which is used for a purpose specified in the First Schedule to that Act;" — Section 2
Verify Section 2 in source document →
This cross-reference integrates the Sale of Food Act with the Environmental Public Health Act 1987, ensuring that retail food businesses comply with environmental health standards in addition to food safety requirements.
Conclusion
The Sale of Food Act 1973 is a comprehensive legislative framework designed to regulate the sale and handling of food in Singapore. Part 1 of the Act lays the foundation by providing clear definitions and establishing the scope of the Act. These provisions exist to protect public health by ensuring that food sold in Singapore is safe, suitable, and properly handled. The Act’s cross-references to other legislation further embed it within Singapore’s broader public health and regulatory regime, facilitating coordinated enforcement and comprehensive consumer protection.
Sections Covered in This Analysis
- Section 1 — Short Title
- Section 2 — Interpretation and Definitions
- Section 2A — Meaning of "Food"
- Section 2B — Meaning of "Food Business"
- Section 2C — Meaning of "Unsafe Food"
- Section 2D — Meaning of "Unsuitable Food"
- Section 2E — Meaning of "Sell"
- Section 3 — Appointment of Authorised Officers and Analysts (referenced)
Source Documents
For the authoritative text, consult SSO.