Statute Details
- Title: Sale of Food (Fees) Regulations
- Act Code: SFA1973-RG4
- Legislative Type: Subsidiary legislation (sl)
- Authorising Act: Sale of Food Act (Chapter 283, Section 56(1))
- Citation: G.N. No. S 309/2002 (Revised Edition 2004)
- Current Version Status: Current version as at 27 Mar 2026
- Key Provisions: Section 1 (Citation), Section 1A (Definition), Section 2 (Fees payable to the Agency)
- Schedule: “Fees” (fees set out in the Schedule; payable for matters listed in the first column)
- Most Recent Amendment (from provided extract): Amended by S 853/2024 (effective 12 Nov 2024)
What Is This Legislation About?
The Sale of Food (Fees) Regulations are subsidiary regulations made under the Sale of Food Act (Cap. 283). In practical terms, the Regulations do not create new food-safety rules or licensing requirements by themselves. Instead, they establish the fee framework for regulatory processes administered under the Sale of Food regime.
At a high level, the Regulations work by linking specific regulatory “matters” (listed in the Schedule) to specific amounts (set out in the second column of the Schedule). Section 2 then provides the operative rule: the relevant fees must be paid to the “Agency” for the relevant matters. This ensures that the administrative and enforcement functions under the Sale of Food Act can be funded and that applicants and regulated parties can anticipate the cost of compliance-related processes.
The Regulations also include a targeted definition of “food establishment” in Section 1A. While the extract provided does not reproduce the full Schedule, the definition is significant because fees under food regulation often depend on the type of premises and the activities conducted there (for example, sale, preparation, manufacture, storage, or packing for sale). By defining “food establishment” broadly, the Regulations capture a wide range of premises involved in the food supply chain intended for human consumption.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the short title: these Regulations may be cited as the Sale of Food (Fees) Regulations. While this appears procedural, citation provisions are important for legal certainty—especially when fees are assessed, challenged, or referenced in correspondence, invoices, or enforcement notices. In practice, lawyers often need to confirm the correct instrument and version when advising on fee disputes or compliance timelines.
2. Definition of “food establishment” (Section 1A)
Section 1A defines “food establishment” as any place or premises or part thereof used for:
- the sale of food; or
- the preparation or manufacture for sale of food; or
- the storage or packing for sale of food;
and it applies whether the food is cooked or not, and whether the premises are used for storage/packing activities that support sale to consumers. The definition is also expressly limited to food intended for human consumption.
From a practitioner’s perspective, this definition is broad and functional. It focuses on use of premises rather than formality of ownership or the legal structure of the business. As a result, fee obligations may attach to premises that are not “retail outlets” in the ordinary sense but still perform preparation, manufacture, storage, or packing for sale. This matters when advising businesses with shared kitchens, commissaries, central warehouses, or third-party packing arrangements.
3. Core fee obligation: fees payable to the Agency (Section 2)
Section 2 is the operative provision. It states that the fees specified in the second column of the Schedule shall be payable to the Agency in respect of the matters specified in the first column of the Schedule.
This drafting technique is common in fee regulations: it avoids repeating the fee amounts in the body of the Regulations and instead relies on the Schedule as the authoritative table. For legal advice, the key interpretive steps are:
- identify the relevant “matter” in the first column (e.g., a particular application, approval, inspection-related process, or administrative action—depending on what the Schedule contains);
- match it to the corresponding fee amount in the second column;
- confirm that the matter is one for which the Agency requires payment; and
- ensure the correct version of the Regulations is applied at the relevant time (particularly where amendments change fee amounts).
4. The Schedule as the controlling instrument
Although the extract does not reproduce the Schedule’s fee table, the Regulations make clear that the Schedule is where the legal amounts are set. In fee disputes, practitioners typically need to obtain and cite the Schedule in the correct version. The legislative history provided indicates multiple amendments over time (including amendments effective 01/04/2019, 01/02/2018, 15/04/2011, 01/08/2006, and 29/02/2004, with the current version as at 27 Mar 2026 reflecting amendments up to 12 Nov 2024).
Accordingly, the Schedule is not merely administrative; it is the substantive source of the fee quantum. Lawyers should therefore treat the Schedule as essential evidence for determining whether a fee was properly charged, whether the correct fee category was used, and whether the fee amount was in force at the time of the relevant regulatory event.
How Is This Legislation Structured?
The Regulations are structured in a compact format typical of fee instruments:
(a) Sections: The Regulations contain a citation provision (Section 1), a definition provision (Section 1A), and the operative fee payment rule (Section 2).
(b) Schedule: The Schedule contains the fee table. It is divided into at least two columns: the first column lists the matters for which fees are payable, and the second column sets the fee amounts payable to the Agency.
(c) Legislative history and amendments: The provided extract includes a timeline showing amendments by various subsidiary instruments (e.g., S 228/2019, S 67/2018, S 194/2011, S 458/2006, and S 853/2024). This is crucial for version control when advising on historical fee liabilities or challenging charges.
Who Does This Legislation Apply To?
The Regulations apply to parties who interact with the Sale of Food regulatory system in ways that trigger the “matters” listed in the Schedule. While the extract does not specify the Agency or the exact fee-triggering events, the definition of “food establishment” indicates that the regulated population includes businesses and operators using premises for sale, preparation, manufacture, storage, or packing for sale of food intended for human consumption.
In practice, this can include a wide range of operators: restaurants, food stalls, caterers, central kitchens, food manufacturers, warehouses used for storage and packing, and potentially premises used by contractors for preparation or packing activities that support sale. Because the definition is premises-based and activity-based, the Regulations can apply even where the business model involves outsourcing—so long as the premises are used for the relevant food-related activities for sale.
Why Is This Legislation Important?
Although the Regulations are short, they are important because they determine the cost of compliance and administrative processes under the Sale of Food framework. For regulated businesses, fee schedules affect budgeting, cash flow, and the timing of applications or approvals. For lawyers, fee provisions are often central to disputes about whether a charge is lawful, whether the correct category was applied, and whether the fee amount was in force at the relevant time.
Section 2’s mechanism—linking the Schedule’s fee amounts to the Schedule’s listed matters—means that legal analysis is highly document-driven. Practitioners should therefore focus on:
- identifying the correct “matter” in the Schedule;
- confirming the correct version of the Regulations (particularly given amendments effective on different dates);
- verifying that the premises fall within the definition of “food establishment”; and
- ensuring that the Agency’s demand for payment aligns with the Schedule’s table.
Finally, the legislative history underscores that fee amounts can change. Where a business is charged under a fee schedule, the ability to pinpoint the effective date of the relevant amendment can be decisive. This is especially relevant for transitional situations (e.g., applications submitted before an amendment but processed after it, or fees assessed for events occurring across amendment dates).
Related Legislation
- Sale of Food Act (Chapter 283), in particular Section 56(1) (the authorising provision for making these Regulations)
- Sale of Food (Fees) Regulations amendments referenced in the legislative history:
- S 853/2024 (effective 12 Nov 2024)
- S 228/2019 (effective 01 Apr 2019)
- S 67/2018 (effective 01 Feb 2018)
- S 194/2011 (effective 15 Apr 2011)
- S 458/2006 (effective 01 Aug 2006)
- SL 309/2002 (effective 01 Jul 2002)
- 2004 RevEd (29 Feb 2004)
Source Documents
This article provides an overview of the Sale of Food (Fees) Regulations for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.