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Product Regulation & Liability

Singapore: Fines imposed on licensed food importer and wholesaler

By and 3 Mins Read

In brief

On 13 February 2023, the Singapore Food Agency (SFA) published a media release in relation to a licensed food importer’s failure to arrange for the inspection, examination and certification by the SFA of its imported food consignments. The food importer proceeded to sell the imported food consignments prior to the inspections and was fined SGD 13,500 by the court.

On 15 February 2023, the SFA published a separate media release in relation to the illegal import of produce by a wholesaler. The wholesaler was fined SGD 7,500 and its director was fined SGD 5,500 by the court.

Key takeaways

  • It is recommended that food importers pay close attention to the import, inspection and licensing requirements imposed by the SFA.
  • As part of the SFA’s food safety efforts, heavy penalties are imposed on offenders who fail to meet import, inspection and certification requirements. These media releases show the SFA’s surveillance and enforcement of such cases.
  • The SFA’s strict stance applies to directors of companies for failing to exercise due diligence to prevent the offense from being committed.

In depth

In October 2020 and July 2022, the licensed food importer imported consignments of assorted chilled lamb products and seafood products. On both occasions, the licensed food importer failed to arrange for the SFA to inspect, examine and certify the consignments before selling the products.

Offenders who fail to arrange for meat and fish products to be inspected, examined and certified by an authorized examiner before the products are sold or distributed may be imprisoned for up to 12 months and/or fined up to SGD 10,000.

Offenders who sell meat consignments that have not been inspected may be imprisoned for up to two years and/or fined up to SGD 50,000 for the first offense, and may be imprisoned for up to three years and/or fined up to SGD 100,000 in the second or subsequent conviction.

In a separate media release, it was reported that during a joint operation conducted by the SFA and the Immigration & Checkpoints Authority, authorities stopped a truck carrying food produce for a wholesaler. Upon the SFA’s further investigations, the wholesaler was found to have illegally imported approximately 324kg of fresh fruits, vegetables and processed food from Malaysia that were either not declared or under-declared.

Offenders who illegally import fresh fruits and vegetables may be imprisoned for up to three years and/or fined up to SGD 10,000 upon conviction. Offenders who illegally import processed fruits and vegetables may be fined up to SGD 1,000 and may be fined up to SGD 2,000 in the second or subsequent conviction.

The SFA media releases may be accessed here and here.

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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