WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/SGP/U/1
14 March 2000
(00-1013)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
SINGAPORE
The present document reproduces the text1 of the Control of Plants Act 1999 Revised Edition,
as notified by Singapore under Article 63.2 of the Agreement (see document IP/N/1/SGP/3).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
SINGAPOUR
Le présent document contient le texte1 de l'Édition révisée de la Loi de 1999 sur le contrôle
des végétaux, notifiée par Singapour au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/SGP/3).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
SINGAPUR
En el presente documento se reproduce el texto1 de la Ley de control de plantas, edición
revisada de 1999, notificada por Singapur de conformidad con el párrafo 2 del artículo 63 del Acuerdo
(véase el documento IP/N/1/SGP/3).
                                                     
1 In English only/En anglais seulement./En inglés solamente.IP/N/1/SGP/U/1
Page 2
CONTROL OF PLANTS ACT
(CHAPTER 57A)
1999 REVISED EDITION
1994 REVISED EDITION
CAP. 57A
ACT
18 of 1993
32 of 1998
An Act to consolidate and amend the law relating to the cultivation, import,
transhipment and export of plants and plant products, the protection of plants and
plant products against pests and diseases, the control of the introduction of pests intoSingapore, the use of pesticides, the measures pertaining to the development and
improvement of the plant industry in Singapore and for purposes connected therewith.
[18th February 1994]
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Control of Plants Act.
Interpretation
2. In this Act, unless the context otherwise requires —
“authorised analyst” means any person appointed by the Director as an authorised
analyst under section 3 (2);
“authorised officer” means any person appointed by the Director as an authorised
officer under section 3 (1);
“certified pesticide operator” means a person who is certified as a pesticide op-
erator under section 12;
“conveyance” includes any aircraft, vessel, train, vehicle or any other artificial
contrivance, whether mechanically propelled or otherwise used or capable of
being used as a means of transport on land, water or air;
“Director” means the Director of Primary Production and includes the Deputy
Director of Primary Production and any Divisional Director of the Primary
Production Department;
“diseased” means attacked by or infected with any pest;IP/N/1/SGP/U/1
Page 3
“fresh fruits and vegetables” means unprocessed and raw fruits and vegetables
which are intended for human consumption;
“import” , with its grammatical variations and cognate expressions, means to
bring or cause to be brought into Singapore by land, sea or air from any place
which is outside Singapore but does not include the bringing into Singapore by
land, sea or air (whether landed or transhipped in Singapore) for the solepurpose of being carried to any other country either by the same or another
conveyance;
“label” includes any written, printed, pictorial or other descriptive matter;
“land” includes —
(a) the surface of the earth and all substances forming the surface;
(b) the earth below the surface and all substances therein;
(c) all vegetation and other natural products whether or not requiring the pe-
riodical application of labour for their production and whether on or be-
low the surface;
(d) all things attached to the earth, or permanently fastened to any thing at-
tached to the earth, whether on or below the surface; and
(e) land covered by water;
“licensed grower” means a person who is issued with a licence under section 10;
“occupier” , in relation to any land, includes every person in actual possession,
management or control thereof;
“owner” , in relation to any land, includes every lessee or tenant of the land;
“package” includes every means by which plants, plant products and pests are
encased, covered, enclosed, contained or packed for conveyance from one
place to another;
“pest” means any species, strain or biotype of plant, animal or pathogenic agent
which is or is capable of being injurious to plants or plant products;
“pesticide” means any substance or mixture of substances prepared or used for
preventing, destroying, repelling or mitigating any pest and any substance or
mixture of substances prepared or used as a plant regulator, defoliant or des-
iccant;
“pesticide residue” means the remains of any substance resulting from the use of
any pesticide, the level of which is prescribed by rules made under this Act;
“phytosanitary certificate” means a phytosanitary certificate referred to in section
30 (1);
“plant” means any species of plant or any part thereof whether living or dead and
includes any vegetable, fruit, flower, leaf, stem, branch, spore, seed, root,
cutting, graft, scion and any other part whatsoever, whether severed or at-IP/N/1/SGP/U/1
Page 4
tached, intended for propagation or from which further plants may be propa-
gated;
“plant product” means any product derived from plants, either in their natural,
manufactured or processed form;
“premises” includes land;
“prohibited pesticide” means a pesticide not specified in the Tenth Schedule to the
Food Regulations (Cap. 283, Rg 1);
“prohibited pesticide residue” means the remains of any substance resulting from
the use of any prohibited pesticide;
“prohibited plant” means any plant prohibited under section 17;
“sell” includes offering or attempting to sell, or receiving for sale, or having in
possession for sale, or exposing for sale, or sending or delivering for sale, or
causing or allowing to be sold, offered or exposed for sale, and ``sale'' has a
corresponding meaning;
“soil” includes earth, water, peat, manure, compost, sand, clay and any other
substance capable of supporting plant life, or transmitting any pest, whether or
not used or intended to be used as a growing medium, or in any process of
manufacture, or as ballast or for any other purpose whatsoever;
“supply” includes offering or attempting to supply or having in possession for
supply or causing or allowing to be supplied;
“toxic chemical residue” means the remains of any chemical substance, other than
pesticides, the level of which is prescribed by rules made under this Act;
“tranship” , with its grammatical variations and cognate expressions, means to
bring or cause to be brought into Singapore by land, sea or air from any place
which is outside Singapore any plant and thereafter to —
(a) remove or cause to be removed that plant from the conveyance in which it
was brought into Singapore; and
(b) return or cause to be returned that plant to the same conveyance or trans-
fer it or cause it to be transferred to another conveyance, for the purpose
of export,
whether such plant is to be transferred directly between conveyances or
whether it is to be landed in Singapore after it was brought into Singapore andstored, pending export;
“treatment” means disinfection and disinfestation to ensure the removal, steril-
isation or killing of any pest by appropriate means.
[32/98]IP/N/1/SGP/U/1
Page 5
Authorised officers and authorised analysts
3. — (1) The Director may appoint such number of authorised officers as he con-
siders necessary for the purposes of this Act and any rules made thereunder.
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(2) The Director may appoint one or more persons with the prescribed qualifications
and practical experience as authorised analysts for the purposes of this Act and any
rules made thereunder.
[32/98]
Officers deemed to be public servants
4. All authorised officers shall be deemed to be public servants for the purposes of
the Penal Code (Cap. 224).
[32/98]
Officer to produce identification on request
5. Every authorised officer, when exercising any power under this Act, shall declare
his office and shall, if requested by any person in relation to whom the power issought to be exercised, produce such identification card as the Director may provide.
[32/98]
Director may authorise public officer to exercise powers and perform duties
6. The powers conferred and the duties imposed on the Director under this Act or
any rules made thereunder may be exercised and carried out by any public officer
generally or specially authorised by name or office by the Director and subject to his
directions.
[5A
[32/98]
PART II
IMPORT AND TRANSHIPMENT OF FRESH FRUITS AND VEGETABLES
Prohibition of import or transhipment of fresh fruits or vegetables without li-
cence
7. — (1) No person shall import for sale, supply or distribution or tranship any fresh
fruit or vegetable except under and in accordance with the conditions of a licence
issued by the Director.
[32/98]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a
term not exceeding 3 years or to both.
[6IP/N/1/SGP/U/1
Page 6
[32/98]
Prohibition of import or transhipment of fresh fruits or vegetables without per-
mit
8. — (1) No licensee shall import any fresh fruit or vegetable for sale, supply or dis-
tribution unless —
(a) the licensee has obtained a permit from the Director in respect of each con-
signment of fresh fruits or vegetables to be imported by him and the import
of such consignment is carried out in accordance with the conditions of the
permit;
(b) the whole consignment conforms to the description contained in the permit;
(c) the whole consignment does not contain any prohibited pesticide residue, or
levels of pesticide residue or toxic chemical residue exceeding the prescribed
levels;
(d) the whole consignment complies with such sanitary standards as may be
prescribed by the Minister;
(e) the licensee provides the Director with satisfactory evidence that the whole
consignment complies with paragraphs (c) and (d); and
(f) the container of the fruits or vegetables constituting the consignment bears
the name and address of the producer and such other particulars as may be
prescribed.
[32/98]
(2) No licensee shall tranship any fresh fruit or vegetable unless the licensee has
obtained a permit from the Director in respect of each consignment of fresh fruits or
vegetables to be transhipped by him and the transhipment is carried out by him in
accordance with the conditions of the permit.
[32/98]
(3) Any licensee who contravenes or fails to comply with subsection (1) or (2) shall
be guilty of an offence and shall be liable on conviction to a fine not exceeding
$10,000 or to imprisonment for a term not exceeding 3 years or to both.
[32/98]
(4) Subject to subsection (5), in any proceedings for an offence under subsection (3),
it shall be a defence for the person charged to prove —
(a) that the commission of the offence was due to the act or default of another
person or some other cause beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence to
avoid the commission of such an offence by himself or by any person under
his control.
[32/98]IP/N/1/SGP/U/1
Page 7
(5) If in any case the defence provided by subsection (4) involves the allegation that
the commission of the offence was due to the act or default of another person, the
person charged shall not, without leave of the court, be entitled to rely on that defence
unless, within a period ending 7 clear days before the hearing, he has served on the
prosecutor a notice in writing giving such information as was then in his possession
identifying or assisting in the identification of that other person.
[32/98]
(6) For the purposes of this section —
“container” means the basket, carton, bag, box, packet or other receptacle which
contains the fresh fruits or vegetables and, where any such receptacle is con-
tained in another such receptacle, includes the latter receptacle;
“licensee” means a person who has obtained a licence as required under section 7
for the import or transhipment, as the case may be, of any fresh fruit or veg-
etable.
[7
[32/98]
PART III
CONTROL OF CULTIVATION OF PLANTS
Application
9. This Part shall not apply to —
(a) the cultivation of any plant for domestic and home gardening purposes; and
(b) the cultivation of any plant which is not for sale.
[10
No cultivation of plants without licence
10. No person shall cultivate any plant on any premises except under and in accor-
dance with a licence issued by the Director.
[11
Use of pesticide
11. — (1) No person shall use any pesticide in the cultivation of any plant unless —
(a) the pesticide is registered with the Director; and
(b) he is a certified pesticide operator or the use is supervised by a certified
pesticide operator.
(2) Any person who uses any pesticide in the cultivation of any plant shall ensure
that —
(a) the pesticide is properly stored in the prescribed manner;IP/N/1/SGP/U/1
Page 8
(b) the pesticide container is disposed of in the prescribed manner; and
(c) the pesticide residue on any plant cultivated does not exceed the prescribed
level.
[12
Certified pesticide operator
12. — (1) A person who desires to be certified as a pesticide operator may make an
application to the Director.
(2) The Director may certify a person as a pesticide operator if the Director is sat-
isfied that —
(a) he possesses the prescribed qualifications and practical experience; and
(b) he is in all other respects a fit and proper person to be entrusted to apply or
otherwise use pesticides safely.
(3) Where a person is certified as a pesticide operator, the Director shall issue him a
certificate to that effect.
[13
Suspension or cancellation of certification of pesticide operator
13. The Director may suspend or cancel the certification of a person as a pesticide
operator if the pesticide operator —
(a) uses or supervises the use of any pesticide which is not registered with the
Director;
(b) uses or supervises the use of any pesticide otherwise than in accordance with
the instructions specified by the manufacturer of the pesticide;
(c) is responsible for any failure to store any pesticide in the prescribed manner;
(d) disposes or causes or allows the disposal of any pesticide container otherwise
than in the prescribed manner; or
(e) fails to keep such records of the use of any pesticide as the Director may
require.
[14
Application for registration of pesticide
14. — (1) Every pesticide for use in the cultivation of any plant shall be registered
with the Director.
(2) An application for registration under subsection (1) shall be made in such manner
and form and accompanied by such documents and particulars as may be required by
the Director.IP/N/1/SGP/U/1
Page 9
(3) The Director may establish one or more committees consisting of such persons as
he may appoint for the purpose of advising him on such matters arising out of any
application for registration under this section as are referred to any such committee by
the Director.
[15
Protection of confidential supporting information about innovative pesticides
15. — (1) Where the Director receives, or has received not more than 5 years before
8th January 1999, an innovative pesticide application and confidential supporting
information, the Director, during the protected period in relation to that confidentialsupporting information —
(a) shall take reasonable steps to ensure that the confidential supporting infor-
mation is kept confidential to the Director; and
(b) shall not use the confidential supporting information for the purposes of
determining whether to grant any other application.
[32/98]
(2) For the purposes of this section and section 16, unless the context otherwise re-
quires —
“application” means an application for registration of a pesticide under section 14;
“confidential information” includes —
(a) trade secrets; and
(b) information that has commercial value that would be, or would be likely
to be, diminished by disclosure;
“confidential supporting information” means confidential information given —
(a) in, or in relation to, an innovative pesticide application; and
(b) about the pesticide that is or was, as the case may be, the subject of that
application;
“Director” includes any public officer authorised under section 6 to carry out
registration of pesticides under section 14;
“ingredient” includes a chemical or biological entity;
“innovative pesticide application” means —
(a) in relation to an application made after 8th January 1999, an application
that refers to an active ingredient —
(i) that is an active ingredient of the pesticide to which the application
relates; andIP/N/1/SGP/U/1
Page 10
(ii) that has not, before that application is received by the Director, been
referred to in any other application as an active ingredient of the
pesticide; and
(b) in relation to an application made before 8th January 1999, an application
that referred to an active ingredient —
(i) that was an active ingredient of the pesticide to which the application
related; and
(ii) that had not, before the application was received by the Director, been
referred to in any other application as an active ingredient of the
pesticide;
“protected period” , in relation to confidential supporting information relating to
an innovative pesticide application received by the Director, means a period of
5 years from the date the innovative pesticide application is or was, as the case
may be, received by the Director.
[15A
[32/98]
Circumstances where protection under section 15 does not apply
16. — (1) Notwithstanding section 15, the Director may, during the protected period
in relation to confidential supporting information —
(a) disclose that confidential supporting information, or use that confidential
supporting information for the purposes of determining whether to grant any
application other than the application to which it relates or related, as the case
may be —
(i) with the consent of the applicant who made the application to which the
confidential supporting information relates or related; or
(ii) if that disclosure or use is, in the opinion of the Director, necessary to
protect the health or safety of members of the public;
(b) disclose that confidential supporting information to a Government depart-
ment or statutory body for the purposes of the Government department or
statutory body if, in the opinion of the Director, the Government department
or statutory body will take reasonable steps to ensure the confidential
supporting information is kept confidential; or
(c) disclose that confidential supporting information to any one or more of the
following:
(i) the World Health Organisation;
(ii) the Food and Agriculture Organisation;
(iii) any regulatory agency of a WTO Country;
(iv) any committee established under section 14 (3);IP/N/1/SGP/U/1
Page 11
(v) any person or organisation, or a person or an organisation within a class or
classes of persons or organisations, approved by any rules made under
this Act, if the disclosure is in accordance with such conditions as may
be specified in the rules.
[32/98]
(2) The power to grant consent under subsection (1) (a) (i) may be exercised by a
person other than the applicant referred to in that subsection if —
(a) that applicant —
(i) has notified the Director in writing that that other person may grant that
consent; and
(ii) has not notified the Director in writing that that person's authority to grant
that consent has been withdrawn; or
(b) that applicant's rights in respect of the relevant confidential supporting in-
formation have been transferred to that person and the applicant or that other
person has notified the Director in writing of the transfer.
[32/98]
(3) For the purposes of this section, "WTO Country" means a country that is a party
to the Agreement establishing the World Trade Organisation adopted at Marrakesh on
15th April 1994.
[15B
[32/98]
PART IV
PROHIBITED PLANTS
Minister may prohibit cultivation of plants
17. — (1) The Minister may by order prohibit, either absolutely or conditionally, the
cultivation of any plant in Singapore.
(2) An order made under subsection (1) may provide that no person shall cultivate
any prohibited plant except under and in accordance with a permit issued by the Di-
rector.
[16
Presumption that owner and occupier permitted growing of prohibited plants
18. If any prohibited plant is found growing on any land in contravention of any
order made under section 17, the owner and the occupier of the land shall be deemed
to have permitted the plant to grow unless the owner or the occupier, as the case may
be, proves —
(a) that the plant was planted without his knowledge and consent; andIP/N/1/SGP/U/1
Page 12
(b) that on becoming aware of the existence of the plant he forthwith effectually
eradicated and destroyed it.
[17
Certificate of Director to be evidence
19. A certificate under the hand of the Director stating that any plant is a prohibited
plant shall be conclusive evidence of the facts stated therein.
[18
Eradication and destruction of prohibited plants
20. — (1) Any prohibited plant cultivated in contravention of any order made under
section 17 may be eradicated and destroyed by the Director or any person acting under
his authority.
(2) The cost of such eradication and destruction shall be recoverable from the owner
or occupier of the land on which the prohibited plant was planted or permitted to grow
or from the person who planted it, as a debt due to the Government.
[19
PART V
CONTROL OF PESTS
Power to direct destruction or treatment of plants, etc.
21. — (1) For the purpose of ascertaining whether any pest is present on or in any
land or premises, an authorised officer may, upon serving notice in writing under the
hand of the Director on the owner or occupier of the land or premises and upon pro-
ducing, if so requested, an identification card —
(a) enter the land or premises and examine any plant, plant product, package,
soil or article thereon at all reasonable times; and
(b) take, without payment, any sample of any plant, plant product or soil.
[32/98]
(2) The notice referred to in subsection (1) shall be served on the owner or occupier
of the land or premises at least 6 hours before the time of intended entry of the land or
premises.
[32/98]
(3) If, as a result of any examination by an authorised officer under subsection (1), it
appears to the authorised officer that any land or premises or plant is in a condition
favourable to the introduction or spread of any pest or that any plant is diseased, the
Director may, by notice in writing under his hand addressed to the owner or occupier
of the land or premises where that condition exists or where the plant is, direct him totake within a time to be stated in the notice such measures as may appear to the
Director necessary or expedient for —IP/N/1/SGP/U/1
Page 13
(a) the eradication or the prevention of the spread of any pest, either by de-
struction or by treatment in a manner to be specified in the notice of that
plant or any plant or of any pest or of any tool or utensil used for agricultural
or industrial purposes on the land or premises including the cessation of
obtaining or abstracting any product from any plant on the land or premises;
and
(b) the treatment of the land or premises or plant or of any tool or utensil used
for agricultural or industrial purposes on the land or premises with a view to
bringing them into a condition not favourable to the introduction or spread of
any pest.
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(4) If the owner or occupier of any land or premises fails to comply with a notice
under subsection (3) within the time stated for the performance of the acts required to
be done, any authorised officer may —
(a) enter upon the land or premises to which the notice refers;
(b) cause any person authorised by him to enter with such instruments and things
as are necessary; and
(c) proceed to perform all acts required by the notice,
and the costs and expenses thereof shall be recoverable as a debt due from the owner
or occupier to the Government.
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(5) Nothing in subsection (4) shall affect the liability of any person to prosecution
and punishment under subsection (7).
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(6) Any person who obstructs or hinders the Director or an authorised officer in the
exercise of any of his powers under subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a
term not exceeding 3 years or to both.
[32/98]
(7) Any owner or occupier of any land or premises who wilfully fails to comply with
the notice under subsection (3) within the time stated shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for aterm not exceeding 3 years or to both and, in the case of a continuing offence, to a
further fine not exceeding $100 for every day during which the offence continues after
conviction.
[20
[32/98]IP/N/1/SGP/U/1
Page 14
Placing land under quarantine
22. — (1) Where the Director is of the opinion that any plant on any land is diseased,
he may make an order placing the land or any part thereof in quarantine for such
period as may be prescribed by the order.
(2) So long as an order of quarantine applies to any land, no person shall remove any
plant therefrom except under and in accordance with the direction of an authorisedofficer.
[32/98]
(3) Any land placed in quarantine under subsection (1) shall continue in quarantine
until the Director certifies that no plant thereon is diseased.
[21
Application for examination of quarantined area
23. — (1) Any owner or occupier of any land quarantined under section 22 (1) may
apply to an authorised officer to examine the quarantined area with a view to obtain-
ing from the authorised officer the certificate referred to in section 22 (3).
[32/98]
(2) The authorised officer shall, as soon as possible after receipt of such an appli-
cation, visit and examine the quarantined area and may charge such fees as may be
prescribed for such visit and examination.
[22
[32/98]
Power to order immediate destruction of plants
24. — (1) If in the opinion of the Director the destruction of any diseased plant is a
matter of necessity and extreme urgency, he may forthwith make an order in writing
directing the immediate destruction of the plant by any person referred to in the order.
(2) Such plant shall be destroyed accordingly and the cost of the destruction, if in-
curred by any person other than the owner or occupier of the land where the diseased
plant was, shall be defrayed by the owner or occupier.
[23
Clearing diseased land
25. — (1) Where it appears to an authorised officer that any plant on any land is dis-
eased and he is of the opinion that it is necessary for the prevention of the spread of
any pest that the land be entirely cleared of cultivation or cleared of all cultivation ofany particular species, the Director may, with the approval of the Minister, by notice
in writing addressed to the owner or occupier of the land where the plant is, direct him
to fell and burn or otherwise destroy within a time to be stated in the notice and to theIP/N/1/SGP/U/1
Page 15
satisfaction of the authorised officer all cultivation or all cultivation of the species
named in the notice.
[32/98]
(2) The action directed by a notice under subsection (1) may be enforced in the
manner provided by section 21 (4) for the enforcement of the action directed by a
notice under section 21 (3).
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(3) If the owner or occupier of any land on whom a notice under subsection (1) has
been served fails to comply with the notice, he shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term
not exceeding 3 years or to both and, in the case of a continuing offence, to a further
fine not exceeding $500 for every day during which the offence continues after con-viction.
[24
Compensation
26. Where any cultivation has been destroyed in pursuance of a notice issued under
section 25, the Minister may, in his discretion, direct the payment out of the Consol-
idated Fund of compensation for that cultivation subject to the following provisions:
(a) no compensation shall be paid for any diseased plant;
(b) the value of any cultivation shall be taken to be the market value of that cul-
tivation at the time of its destruction and if any question arises as to the
market value, the decision of the Director shall be final and conclusive; and
(c) the Minister may entirely withhold or may reduce the amount of compen-
sation for the destruction of any cultivation if the owner or occupier of the
land has done anything in contravention of, or has failed to comply with, any
notice issued under this Part or has by his neglect contributed to the in-
troduction of the pest.
[25
Accredited pest control agency
27. The Director may register any fit and proper person possessing the prescribed
qualifications and practical experience as an accredited pest control agency —
(a) to carry out, at any place, any inspection, identification, analysis, treatment,
detention, destruction or disposal of any plant, plant product, pest, or any soil
or other material attached to any plant or plant product under this Act and
any rules made thereunder; and
(b) to issue phytosanitary certificates.
[26
[32/98]IP/N/1/SGP/U/1
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PART VI
EXPORT OF PLANTS
Minister may prohibit export of plants
28. — (1) The Minister may by order prohibit, either absolutely or subject to such
conditions as may be specified in the order, the export of any plant from Singapore to
any country, territory or place.
(2) An order under subsection (1) may specify that no person shall export any plant
except under and in accordance with a permit issued by the Director.
[27
Advisory committee
29. The Minister may establish one or more advisory committees consisting of such
members as he may appoint, for the purpose of advising the Minister on the exercise
of his power to make any order under section 28, and on other subjects connected
therewith.
[28
Phytosanitary certificate
30. — (1) Any authorised officer or accredited pest control agency may, on appli-
cation and on such terms as the Director may require, issue a phytosanitary certificate
stating that any plant or plant product is free from pests for the purpose of export.
[32/98]
(2) Any person who wilfully —
(a) gives false information for the purpose of obtaining a phytosanitary certif-
icate;
(b) falsifies any phytosanitary certificate; or
(c) uses a phytosanitary certificate with intention of causing it to be believed that
a plant or plant product which is not a plant or plant product in respect of
which the phytosanitary certificate was issued, is a plant or plant product in
respect of which the certificate was issued,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$10,000 or to imprisonment for a term not exceeding 3 years or to both.
[29IP/N/1/SGP/U/1
Page 17
PART VII
LICENCE AND PERMIT
Application for licence or permit
31. — (1) An application —
(a) for a licence under section 7 or 10;
(b) for a permit under section 8; or
(c) where provision is made by an order under section 17 (1) or 28 (1) for the
issue by the Director of a permit, for a permit under that section,
shall be made to the Director in such manner and form as the Director may require
and shall be accompanied by the prescribed fee and such particulars, information and
documents as the Director may require.
[32/98]
(2) On the receipt of an application under subsection (1), the Director may —
(a) issue the licence or permit applied for, with or without conditions; or
(b) refuse to issue the licence or permit applied for.
[32/98]
(3) Without prejudice to the generality of subsection (2), the Director may, in respect
of an application for a licence under section 7 or a permit under section 8 —
(a) refuse to issue the licence or permit; or
(b) impose a condition restricting or prohibiting the import or transhipment of
any fresh fruit or vegetable from any country, territory, place or farm,
if he considers that this is necessary to protect the health or safety of members of the
public.
[32/98]
(4) Where the Director has refused to issue the licence or permit applied for, he shall
give the applicant notice in writing of the reasons for his refusal.
[32/98]
(5) The Director may at any time vary or revoke any of the conditions imposed under
subsection (2) (a) or impose new conditions.
[32/98]
(6) Every licence or permit issued under this section —
(a) shall be in such form as the Director may determine;
(b) shall be valid for the period stated therein unless it is sooner revoked under
section 32; and
(c) may, unless it is a permit under section 8, be renewed upon its expiry.IP/N/1/SGP/U/1
Page 18
[32/98]
(7) Subsections (1) to (6) shall apply, with the necessary modifications, to an ap-
plication for the renewal of a licence under section 7 or 10 or a permit under section
17 (1) or 28 (1).
[30
[32/98]
Revocation or suspension of licence or permit
32. — (1) The Director may at any time revoke or suspend a licence or permit.
(2) The Director shall, before taking any action referred to in subsection (1), notify
the person concerned of his intention to take such action and shall give the person
concerned an opportunity to submit reasons why such action should not be taken
against him.
(3) Where the Director has revoked or suspended a licence or permit under this Act,
he shall give notice in writing of the suspension or revocation to the person concerned.
(4) Where a licence issued by the Director pursuant to an order made under section
17 is revoked or has expired, the licensee shall eradicate and destroy all or any of the
prohibited plants planted or cultivated or maintained in pursuance thereof.
(5) Any prohibited plant not eradicated and destroyed under subsection (4) shall be
deemed to have been grown in contravention of section 17.
[31
Appeal
33. — (1) Any person who is aggrieved by —
(a) the refusal of the Director to issue or renew a licence or permit under section
31;
(b) the decision of the Director to suspend or revoke a licence or permit under
section 32,
may, within 7 days of the receipt of the notice informing him of the refusal, sus-
pension or revocation, as the case may be, appeal in writing to the Minister whose
decision shall be final.
[32/98]
(2) Notwithstanding the pendency of any appeal under  subsection (1) in respect of
the suspension or revocation of a licence or permit, such suspension or revocation
shall, unless the Minister otherwise orders, take effect from the date specified by the
Director therefor.
[31A
[32/98]IP/N/1/SGP/U/1
Page 19
PART VIII
MISCELLANEOUS
Penalty
34. Any person who —
(a) contravenes or fails to comply with section 10, 11 (1) and (2), 22 (2) or 41; or
(b) contravenes or fails to comply with any order made by the Minister under
section 17 or 28,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$10,000 or to imprisonment for a term not exceeding 3 years or to both.
[32
[32/98]
Offences committed by body corporate
35. Where an offence under this Act or any rules made thereunder has been com-
mitted by a body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any director, man-
ager, secretary or other similar officer of the body corporate, or any person who was
purporting to act in any such capacity, he, as well as the body corporate, shall be
guilty of that offence and shall be liable to be proceeded against and punished ac-
cordingly.
[33
Offences committed by agent or servant
36. Where an offence under this Act or any rules made thereunder is committed by
any person acting as the agent or servant of another person, or being otherwise subject
to the supervision or instructions of another person for the purposes of any em-
ployment in the course of which the offence was committed, that other person shall,
without prejudice to the liability of the first-mentioned person, be liable under this Act
or any rules made thereunder in the same manner and to the same extent as if he had
personally committed the offence if it is proved that the act which constituted the
offence was committed with his consent or connivance or that it was attributable toany neglect on his part.
[34
General powers of authorised officers
37. — (1) For the purpose of ascertaining whether any offence under this Act or any
rules made thereunder has been or is being committed, any authorised officer may, on
producing, if so requested, an identification card —
(a) enter and inspect any land or premises and examine any plant, plant product,
package, soil or article thereon at all reasonable times;IP/N/1/SGP/U/1
Page 20
(b) stop, examine, board, enter or detain any conveyance used for carrying any
plant, plant product or package;
(c) take, without payment, any sample of any plant, plant product or soil;
(d) seize, remove or detain any plant, plant product, package, pest or soil; or
(e) break open any hold, compartment or container or other receptacle including
any place that could be used as a receptacle.
[32/98]
(2) The owner or occupier of any land, premises or conveyance shall, if requested by
an authorised officer, provide reasonable assistance to the authorised officer for thepurpose of the exercise of his powers under this section and furnish any information
relating to the land or premises which is reasonably required by the authorised officer
for the purposes of the discharge of his duties under this Act.
[32/98]
(3) A police officer may arrest without warrant any person who has committed or
whom he reasonably suspects to have committed an offence under this Act or any
rules made thereunder —
(a) if the person refuses to give his name and address; or
(b) if there is reason to doubt the accuracy of the name and address, if given.
(4) A person arrested under this section may be detained until his name and address
are correctly ascertained except that no person shall be detained longer than is nec-
essary for bringing him before a court.
(5) Any person who obstructs or hinders any authorised officer in the exercise of any
of his powers under this Act or any rules made thereunder shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment
for a term not exceeding 3 years or to both.
[35
[32/98]
Power to label for identification
38. — (1) Any authorised officer may, where he considers it necessary for the pur-
poses of identification, label permanently or temporarily, any consignment of plants or
plant products.
[32/98]
(2) Any person who wilfully counterfeits, alters, defaces, erases or removes any such
label shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[36IP/N/1/SGP/U/1
Page 21
Power to take samples for analysis
39. — (1) An authorised officer may, for the purposes of ascertaining the presence of
prohibited pesticide residue, and the levels of pesticide residue or toxic chemical
residue, contained in any fresh fruit or vegetable, enter any premises at all reasonable
times to take, without payment, any reasonable sample of fresh fruits or vegetables for
analysis by an authorised analyst and detain the whole lot from which the sample istaken under normal storage conditions until a report of the result of the analysis is
obtained.
[32/98]
(2) A report of the result of an analysis which is signed by an authorised analyst shall
be admissible in evidence in any proceedings under this Act or any rules made
thereunder and, in the absence of evidence to the contrary, is proof of the matters
stated in the report.
[37
[32/98]
Power to dispose of, etc., fresh fruits and vegetables
40. — (1) Where any sample of fresh fruits or vegetables is determined by an au-
thorised analyst to contain any prohibited pesticide residue, or any pesticide residue or
toxic chemical residue exceeding the prescribed levels, the Director may, in his
discretion, cause the whole lot of fresh fruits or vegetables from which the sample is
taken, to be —
(a) re-exported or returned to its place of origin;
(b) treated in such manner as he may direct so as to remove or aid the dissipation
of the residue to the prescribed levels; or
(c) disposed of in such manner as he may direct.
[32/98]
(2) The cost of, and all expenses incurred in, the re-exporting, returning, treatment or
disposal under subsection (1) shall be defrayed by the owner, grower or importer of
the fresh fruits or vegetables.
[38
Access to documents, books and records
41. Every person who imports for sale or supply or who grows fresh fruits or veg-
etables shall, on demand, afford the Director access to, and produce, such documents,
books or records relating to or reasonably believed to relate to the fresh fruits or
vegetables as may be required by the Director.
[39IP/N/1/SGP/U/1
Page 22
Forfeiture
42. — (1) Where any person is convicted of any offence under this Act or any rules
made thereunder, the court may order that any article seized under this Act or any
rules made thereunder or in respect of which the offence was committed, be forfeited
to the Government.
(2) Where a person who is charged for an offence under this Act or any rules made
thereunder is acquitted, the court may order any article seized under this Act or any
rules made thereunder to be released to the person from whom the article was seized;
and where the owner of the article cannot be ascertained, the Government may con-
fiscate the article seized.
(3) Every article so forfeited to the Government shall be disposed of in such manner
as the Minister may direct.
[40
Presumption of ownership
43. Where in any proceedings under this Act or any rules made thereunder a question
arises as to the ownership of any plant, plant product, pest or article, the person foundin possession of the plant, plant product, pest or article shall be presumed to be the
owner thereof until the contrary is proved.
[41
Service of notices
44. — (1) Where under this Act or any rules made thereunder any notice, order or
document is required or authorised to be served on any person, it may be served by —
(a) delivering it personally or by leaving it with some adult person at the last
known place of residence or business of the person to be served;
(b) leaving it at the usual or last known place of residence or business of the
person to be served in a cover addressed to that person, or posting it upon aconspicuous part of those premises; or
(c) sending it by registered post addressed to the person to be served at his usual
or last known place of residence or business.
(2) Any notice, order or document required or authorised by this Act to be served on
the owner or the occupier of any premises shall be deemed to be properly addressed if
addressed by the description of the "owner" or "occupier" of the premises without
further name or description.
[42
Protection from liability
45. No suit or other legal proceedings shall lie against the Director or any authorised
officer in respect of anything done or omitted to be done in the discharge of theirIP/N/1/SGP/U/1
Page 23
duties under this Act or any rules made thereunder unless the thing was done or
omitted to be done in bad faith.
[43
[32/98]
Composition of offences
46. — (1) The Director may, in his discretion, compound any offence under this Act
or any rules made thereunder which is prescribed as an offence which may be com-
pounded by collecting from a person reasonably suspected of having committed the
offence a sum not exceeding $1,000.
(2) The Minister may prescribe the offences which may be compounded.
(3) Where an offence is compounded under this Act or any rules made thereunder,
any article seized shall be forfeited to the Government.
[44
Exemption
47. The Minister may, either generally or in any particular case, and subject to such
conditions as he may impose, exempt any person from all or any of the provisions of
this Act or any rules made thereunder.
[45
Rules
48. — (1) The Minister may make rules for or with respect to any matter which may
be necessary or expedient for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), rules may be made —
(a) providing for the powers and duties of the authorised officers;
(b) providing for matters relating to registration, licensing, certification and the
issue of permits;
(c) prescribing the procedure, condition or location for the import or tranship-
ment of any fresh fruit and vegetable;
(d) providing for matters relating to the taking of samples of fresh fruits and
vegetables under section 39 for analysis, and for matters relating to such
analysis;
(e) prescribing the qualifications and practical experience of an authorised an-
alyst;
(f) prescribing the sanitary standards referred to in section  8 (1) (d);
(g) providing for the inspection, observation, detention, identification, treatment,
destruction, reshipment or disposal of any plant or plant product;IP/N/1/SGP/U/1
Page 24
(h) prescribing the levels of any pesticide residue or toxic chemical residue in or
on any plant or plant product;
(i) providing for the control and eradication of any pest and preventing their
spread within Singapore;
(j) prescribing the manner of entry upon any land and the conduct of any ex-
amination, inspection, detention, quarantine, treatment or destruction of anyplant, plant product, pest, soil or any other article thereon;
(k) prohibiting or restricting the introduction into Singapore of any plant, plant
product, pest, soil or package or other thing which is likely to introduce pests
into Singapore;
(l) prohibiting or restricting the introduction into Singapore of any prohibited
plant;
(m) prescribing treatment for aircraft or any other conveyance arriving from
overseas and the procedure to be adopted on their arrival so as to prevent the
introduction of any pest into Singapore;
(n) requiring every person arriving in Singapore from overseas to give a cer-
tificate declaring in such form as may be prescribed whether he has any
plant, plant product, fungus, bacterium, virus or micro-organism or any in-sect, mite or other invertebrate animal or any soil in his possession;
(o) providing for the inspection, observation, disinfection, treatment, destruction,
reshipment or disposal of any plant introduced into Singapore and the
progeny of any such plant or any soil, package or other thing;
(p) providing for the control of plants kept or grown in isolation or under quar-
antine conditions;
(q) prescribing the areas within Singapore where any plant, plant product, pest or
package may be landed;
(r) providing for the detention or the quarantine of any plant, plant product or
package suspected of harbouring any pest and prescribing the treatment or
the destruction thereof;
(s) regulating the use of any pesticide in the cultivation of plants;
(t) prescribing the qualifications and practical experience of a certified pesticide
operator;
(u) providing for matters relating to the registration, labelling, packing, use,
storage, disposal and record keeping of any pesticide used in the cultivation
of plants;
(v) providing for the licensing, control, supervision and inspection of any land or
premises on which any plant or plant product is grown, produced, processed,
sold, stored or used;IP/N/1/SGP/U/1
Page 25
(w) providing for the registration, control and supervision of any accredited pest
control agency; and
(x) prescribing the forms, fees or registers for the purposes of this Act.
[32/98]
(3) The Minister may, in any rules made under this Act, provide that any contra-
vention of or failure to comply with any provision thereof shall be an offence and may
prescribe a penalty for any such offence of a fine not exceeding $10,000 or im-
prisonment for a term not exceeding 3 years or both.
[46
LEGISLATIVE HISTORY
1 Act 18 of 1993 — Control of Plants Act 1993
Date of First Reading : 26.2.93 (Bill No. 9/93 published on 27.2.93)
Date of Second and Third Readings : 12.4.93
Date of commencement : 18.2.94
2 Act 32 of 1998 — Control of Plants (Amendment) Act 1998
Date of First Reading : 29.6.98 (Bill No. 31/98 published on 31.7.98)
Date of Second and Third Readings : 31.7.98
Date of commencement : 8.1.99
DESTTINATION TABLE
The following provisions in the 1994 Revised Edition of the Control of Plants Act
have been renumbered by the Law Revision Commissioners in this 1999 Revised
Edition.
This Comparative Table is provided for the convenience of users. It is not part of the
Control of Plants Act.
1999 Ed. 1994 Ed.
65 A
76
87IP/N/1/SGP/U/1
Page 26
1999 Ed. 1994 Ed.
91 0
10 11
11 12
12 13
13 14
14 15
15 15A
16 15B
17 16
18 17
19 18
20 19
21 20
22 21
23 22
24 23
25 24
26 25
27 (a) and (b) 26
28 27
29 28
30 29
31 30
32(4) and (5) 31(4)
33 31A
34 32
35 33
36 34
37 35
38 36
39 37
40 38
41 39IP/N/1/SGP/U/1
Page 27
1999 Ed. 1994 Ed.
42 40
43 41
44 42
45 43
46 44
47 45
48 46
Omitted  Spent 47
Omitted Spent 48
__________