I refer to the 15 Oct 2014 Straits Times report “Court battle over WP town council’s CNY fair begins”.
NEA lawyers claimed that the five stalls selling festive decorations, cookies and potted plants contravened Section 35 of the Environmental Public Health Act, which states a permit is necessary for “any temporary fair, stage show or other such function or activity”.
But Section 35 falls under Part IV Food Establishments, Markets and Hawkers of the Public Health Act which covers sections 32 to 42 as follows:
32. Food establishments to be licensed
33. Licensing of hawkers operating from stalls, etc.
34. Licensing of itinerant hawkers
35. Director-General may issue temporary permits
36. Licences for private markets
37. Persons with infectious diseases not to carry on business
38. Unauthorised structures
39. Cleanliness of markets and stalls
40. Articles of food unfit for human consumption
41. Cleanliness of vehicles, equipment, etc.
41A. Penalties for offences under this Part
42. Notice to attend Court
Nearly every section of Part IV is related to food. For example:
• Sections 32, 33, 34, 36, 39 deal specifically with food establishments, hawkers and markets
• Section 37 deals with employment of persons with infectious diseases presumably because that has an effect on food safety
• Section 38 relates to stalls and food establishments
• Section 40 deals specifically with food
• Section 41 deals with vehicles used to transport food
• Sections 41A and 42 deals with penalties and court issues
So practically all the rules in Part IV has something to do with food. It is therefore not unreasonable to say that Section 35 should also be associated with food. After all, the powers of the NEA specific to Part IV Food Establishments, Markets and Hawkers should not go beyond anything related to food. It wouldn’t make sense for example that under Part IV Food Establishments, Markets and Hawkers, NEA has the power to rule over a trade fair involving computer accessories. That wouldn’t be right and it wouldn’t make sense. If there is a law empowering the NEA to rule over a trade fair involving computer accessories, that law cannot come under Part IV Food Establishments, Markets and Hawkers. Either that or Part IV has to be renamed Food Establishments, Markets, Hawkers and Computer Accessories.
Hence, Part IV Food Establishments, Markets and Hawkers should give NEA absolutely no purview over a trade fair involving non-edibles like festive decorations and potted plants. That is to say, the WP trade fair, whatever its name, doesn’t contravene Section 35 as long as the fair didn’t involve food.
So the only legitimate concern NEA may have are the cookies sold at the WP trade fair. But if the cookies were taken from a supplier who also supplies them to retailers elsewhere with approval, then clearly NEA has absolutely no reason to find fault with the WP trade fair.
Finally, nowhere in Part IV Food Establishments, Markets and Hawkers does it state that CCC approval must be sought.
http://trulysingapore.wordpress.com...w-over-fairs-that-do-not-involve-cooked-food/
NEA lawyers claimed that the five stalls selling festive decorations, cookies and potted plants contravened Section 35 of the Environmental Public Health Act, which states a permit is necessary for “any temporary fair, stage show or other such function or activity”.
But Section 35 falls under Part IV Food Establishments, Markets and Hawkers of the Public Health Act which covers sections 32 to 42 as follows:
32. Food establishments to be licensed
33. Licensing of hawkers operating from stalls, etc.
34. Licensing of itinerant hawkers
35. Director-General may issue temporary permits
36. Licences for private markets
37. Persons with infectious diseases not to carry on business
38. Unauthorised structures
39. Cleanliness of markets and stalls
40. Articles of food unfit for human consumption
41. Cleanliness of vehicles, equipment, etc.
41A. Penalties for offences under this Part
42. Notice to attend Court
Nearly every section of Part IV is related to food. For example:
• Sections 32, 33, 34, 36, 39 deal specifically with food establishments, hawkers and markets
• Section 37 deals with employment of persons with infectious diseases presumably because that has an effect on food safety
• Section 38 relates to stalls and food establishments
• Section 40 deals specifically with food
• Section 41 deals with vehicles used to transport food
• Sections 41A and 42 deals with penalties and court issues
So practically all the rules in Part IV has something to do with food. It is therefore not unreasonable to say that Section 35 should also be associated with food. After all, the powers of the NEA specific to Part IV Food Establishments, Markets and Hawkers should not go beyond anything related to food. It wouldn’t make sense for example that under Part IV Food Establishments, Markets and Hawkers, NEA has the power to rule over a trade fair involving computer accessories. That wouldn’t be right and it wouldn’t make sense. If there is a law empowering the NEA to rule over a trade fair involving computer accessories, that law cannot come under Part IV Food Establishments, Markets and Hawkers. Either that or Part IV has to be renamed Food Establishments, Markets, Hawkers and Computer Accessories.
Hence, Part IV Food Establishments, Markets and Hawkers should give NEA absolutely no purview over a trade fair involving non-edibles like festive decorations and potted plants. That is to say, the WP trade fair, whatever its name, doesn’t contravene Section 35 as long as the fair didn’t involve food.
So the only legitimate concern NEA may have are the cookies sold at the WP trade fair. But if the cookies were taken from a supplier who also supplies them to retailers elsewhere with approval, then clearly NEA has absolutely no reason to find fault with the WP trade fair.
Finally, nowhere in Part IV Food Establishments, Markets and Hawkers does it state that CCC approval must be sought.
http://trulysingapore.wordpress.com...w-over-fairs-that-do-not-involve-cooked-food/
