Amendments1 have been made to the notified draft text, as detailed below:  - 
 
a) Throughout the Amendment Regulations : Throughout the final Amendment Regulations 
(“Final Text ”), the following  amendments  have been made ( where appropriate) : 
(i) Minor editorial edits;  
(ii) Standar disation where possible, of all terms to  singular2 form;  and 
(iii) Standardis ation where possible, of the use of  the term  “prospective purchaser” to 
represent other variations of this term  (e.g. “prospective consumer ”, “any person 
who may purchase the Nutri -Grade beverage ”) that refer to a person that has yet 
to purchase the beverage . 
 
b) Paragraph  (1), (2) and (3)  of the proposed new Regulation 184 A: The Final Text : 
(i) clarifies the definition of special purpose food for a special medical purpose ; 
(ii) clarifies the intent ion to exclude formula food for use in weight control diets instead 
of for the purpose of weight reduction ; and  
(iii) clarifies that the exclusion of  special purpose food meant for a person who requires 
a specific intake of sugar , covers all forms of sugar , and not just sucrose as stated 
in Regulation 147  of the Food  Regulations . 
 
184A. —(1)   In these Regulations, “Nutri -Grade beverage” means any bevera ge 
(including any powder or concentrate concentration meant to be reconstituted or 
diluted with fluids before consumption as a beverage) other than the following:  
 (a) a beverage that contains more than 0.5% (v/v) alcohol at 20ºC;   
 (b) a beverage that is prepared by hand at the place or premises where 
it is sold;  
 (c) a beverage for which a prospective purchaser may customise the 
amount of any ingredient in the beverage;  
 (d) a beverage mentioned in paragraph (2).  
(2)  A Nutri -Grade beverage does not include any special purpose food — 
 (a) for a special medical purposes as described in section 2 of the Codex 
Standard for the Labelling of and Claims for Foods for Special Medical 
Purposes (CODEX STAN 180- 1991),  and that is labelled as being for 
use under medical supervision;  
 (b) supplied solely to hospitals, hospices and other residential care 
facilities like nursing homes for the purpose of providing services to patients in those facilities;  
 (c) that is infant formula;  
 (d) that is follow- up formula, that is, food intended for use as a liquid part 
of the weaning for an infant 6 months or older or young children;  
 (e) that is formula food for use in an energy -restricted diet for  a weight 
reduction,  control diet, that is, formula food presented and if used by 
a person as instructed by the manufacturer, replaces the as a 
replacement for a  person’s  total daily diet;  
 (f) that is diabetic food; or  
 (g) for a person who requires a specific intake of sugar  (including but not 
limited to sucrose)  or saturated fat in the person’s diet as a result of 
a disease, disorder or other  condition.  
 
1 Amendments made to the notified draft text are marked -up in yellow . 
2 Under section 2 of Singapore’s  Interpretation Act, words in the singular  form include the plural form and vice 
versa.     
(3)  In this regulation, “special medical purpose”, in relation to special purpose food, 
means special purpose food specially processed or formulated and presented for 
use under medical supervision for the dietary management of a patient — 
 (a) who has — 
 (i) limited or impaired capacity to take, digest, absorb or metabolise 
ordinary food or certain nutrients contained in ordinary food; or   
 (ii) any other special medically -determined nutrient requirement; 
and  
 (b) whose dietary management cannot be achieved only by modifying 
that patient’s  normal diet or by other specia l purpose food or both.  
 
c) Paragraph (1) of  the proposed new Regulation 184B : The Final Text  replaces the 
obligation to grade the Nutri -Grade beverage, with the obligation to ensure that the Nutri -
Grade beverage is graded. This provides greater flexibility to the grading process . 
 
184B. —(1)   The following persons must ensure that a  A Nutri- Grade bevera ge 
intended for sale by retail in Singapore is must be graded “A”, “B”, “C” or “D” 
according to the grading system specified in the Sixteenth Schedule — 
 (a) if the Nutri -Grade beverage is manufactured in Singapore for sale by retail 
in Singapore — by its manufacturer;  
 (b) if the Nutri -Grade beverage is imported for sale by retail in Singapore — 
by its local importer; or  
 (c) in any other case — by its distributor.  
 
d) Paragraphs (1) , (2) and (3) of the proposed new Regulation 184C :  The Final Text : 
(i) provides greater flexibility to the labelling process by r eplac ing the obligation to label 
the Nutri -Grade beverage with a n NIP , with the obligation to ensure that the Nutri -
Grade beverage is labelled  with a n NIP;  
(ii) clarifies that the NIP of Nutri -Grade bev erages must be in the form specified in the 
Twelfth Schedule  of the Food Regulations  and specify the energy value and the 
amounts of protein, carbohydrate and fat in the Nutri -Grade beverage;  
(iii) clarifies that Nutri-Grade beverages in powder or concentrat e form must comply with  
the proposed new  Regulations 184(C)(1) and 184C(2) ;   
(iv) clarifies that the manufacturer’s instructions  referred to in the proposed new 
Regulation 184(C)(2)(a)  are instructions  on how to prepare the beverage , and that 
such instructions must be labelled on the package of the beverage and not 
necessarily on the NIP; and  
(v) is less prescriptive on the wording of the statement required where more than one 
unit of prepacked Nutri -Grade beverage is packaged for sale as a single item . 
 
184C. —(1)   Subject to regulation, a  A person required by regulation 184B(1) to 
ensure grade a prepacked Nutri -Grade beverage intended for sale by retail in 
Singapore is graded must ensure label the package of the Nutri -Grade beverag e is 
labelled  with a nutrition information panel that  — 
(a) complies with regulation 8A  is in the form specified in the Twelfth Schedule 
or in any other similar form that may be acceptable to the Director -General ; 
(b) specifies the energy value, the amounts of protein, carbohydrate and f at in 
the Nutri -Grade beverage;   
(b)(c) unless the Nutri -Grade beverage contains no carbohydrates, specifies the 
amount of total sugar according to either or both of the following proportions:    (i) in grams per 100 ml of the Nutri -Grade beverage;  
(ii) if the number of servings per package and serving size are stated, in 
grams per serving of the Nutri -Grade beverage;  
(c)(d) unless the Nutri -Grade beverage contains no fat, specifies the amount of 
saturated fat  according to either or both of the proportions mentioned in sub-
paragraph ( bc)(i) and (ii); and  
(d)(e) where the nutrition information panel specifies the amount of lactose or 
galactose, specifies the amount according to either or both of the proportions 
mentioned in sub- paragraph ( bc)(i) and (ii).  
 
(2)  Where the prepacked Nutri -Grade beverage mentioned in paragraph (1)  is a 
powder or concentrate concentration meant to be reconstituted or diluted with fluids 
before consumption as a beverage, the nutrition information panel mentioned person 
must    (in addition to complying with that  paragraph (1)) ensure— 
    
 (a) must contain the nutrition information for panel  — 
 (i) specifies the information that is required under that paragraph 
on the basis that  the Nutri -Grade beverage on the basis that it  is 
prepared according to the  manufacturer’s  instructions  indicated  
by the manufacturer  on a label on how to prepare the Nutri -
Grade beverage’s package beverage; and   
 (b)(ii) if that information is expressed as grams per 100 ml of the Nutri -
Grade beverage, must state s that the information is on that the 
basis that the Nutri- Grade beverage is prepared according to 
those instructions ; and  
(c) must be accompanied (b) the package of the Nutri -Grade beverage is 
labelled  with those instructions  
(3)  For the purpose of paragraph (1), where more than one unit of prepacked Nutri -
Grade beverage is packaged for sale as a single item, the requirement to label 
ensure the package is labelled  under that paragraph may be satisfied by — 
(a) ensuring labelling  the package of each unit of the prepacked Nutri -Gr ade  
beverage is labelled ; or 
(b) ensuring labelling  the package to be sold as a single item is labelled with a 
label in respect of each type of Nutri -Grade beverage within the package 
and the package includes a statement that each unit in the package must  
not be sold separately or a statement to the like effect including the 
statement “Not to be sold separately” on the package . 
  
e) Paragraph s (4) and (5) of the proposed new Regulation 184C : The Final Text : 
(i) replaces  the phrase  “on a nutrition information panel” with “to be labelled on the 
Nutri-Grade beverage’s package”, which is a consequential amendment to the 
clarification made in proposed new Regulation 184C(2 ) where the manufacturer’s 
instructions do not necessarily have t o be labelled in the NIP ; 
(ii) provides greater flexibility in the manner in which the information required  in the 
NIP for automated beverage dispensers  is made available.   
 
Some information that was previously in paragraph 4 of the proposed new Regulation 184C  
has been shifted to paragraph 5. The previous paragraph 5 has now been renumbered as 
paragraph 6  [see paragraph ( f) of this document] .   
   (4)  Where a Nutri -Grade beverage is sold by retail from an automated bevera ge 
dispenser, the retailer of the Nutri -Grade beverage must ensure the information tha t 
would have been required on a nutrition information panel  to be labelled on the Nutri -
Grade beverage’s  package  under paragraphs (1) and (2), if the Nutri -Gr ade  
beverage were sold in prepacked form, is available to a person on request either — 
(in a form described in paragraph (5)) to any person if that person wishes to view 
the information.  
 
(5)  The information mentioned in paragraph (4) must be — 
(a) clearly displayed on a, or near to, the automated beverage dispenser;  
(a)(b) on a website or other electronic record that is  viewable by the  person; or   
(b)(c) on a physical document  that is shown or  given to the person on the 
person’s request .  
 
f) Paragraph ( 6) of the proposed new Regulation 184C : The Final Text:  
(i) clarifies  that the beverages listed in the proposed new Regulation  184C(6) are  
exempted from the obligations of  the proposed new  Regulation 184C but they are 
nonetheless  Nutri-Grade beverages  and therefore subjected to the Nutri-Grade 
labelling scheme  and the adver tising prohibitions;  
(ii) expand s the Nutri -Grade beverages that fall within the exemption, to include  herbal 
infusions ; and  
(iii) clarifies that the exemption only includes Nutri -Grade beverages that  either:   
A. are prepacked and have a total surface area of less than 100 square 
centimetres, and bears a label that includes a statement of its total sugar 
and saturated fat content, or   
B. do not contain  any calories, protein, fat, saturated fat, carbohydrate and 
sugar , and not Nutri -Grade beverages that do not contain added ingredients 
that would modify the nutritional content of the beverage s. 
 
(6)  This regulation does not apply to  in respect of  —  
(a) any prepacked Nutri- Grade beverage that has a total surface area of less tha n 
100 square centimetres and bears a label that includes a statement of the 
quantity of total sugar and saturated fat; or  
(b) any of  the following Nutri -Grade beverages , if the Nutri- Grade beverage does 
not contain any calories, protein, fat, saturated fat, carbohydrate and sugar:  
(i) coffee , tea, or a preparation of coffee or tea, if there are no ingredients 
that modify the amount of calories, protein, fat, saturated fat, carbohydra te 
or total sugars added in the coffee, tea or preparation of coffee or tea. ; 
(ii) drinking water , if there are no ingredients that modify the amount of 
calories, protein, fat, saturated fat, carbohydrate or total sugars added in the 
drinking water ; or 
     (iii) a herbal infusion;  
(iv) tea or a preparation of tea .  
 
g) Paragraphs (3) and (4) of the proposed new Regulation 184 D: The Final Text :  
(i) provides greater flexibility to the labelling  process by giving the option to  label or 
cause to be labelled  the Nutri-Grade beverages with the Nutri -Grade mark  if the 
Nutri-Grade beverage’s grade is “A” or “B”. For Nutri-Grade beverages graded “C” 
or “D”, the Final Text replaces the obligation to label the Nutri -Grade mark , with the 
obligation to ensure that the Nutri -Grade mark is labelled ; and   (ii) is less prescriptive on the wording of the statement required where more than one 
unit of prepacked Nutri -Grade beverage is packaged for sale as a single item . 
 
(3)  A person required by regulation 184B(1) to ensur e grade a prepacked Nutri -
Grade beverage intended for sale to be sold by retail in Singapore is graded — 
(a) may label , or cause to be labelled,  the package of a Nutri -Grade bevera ge 
with a Nutri- Grade mark if the Nutri -Grade beverage’s grade is “A” or “B”;  
(b)  must ensure label the package of a Nutri -Grade beverage is labelled  with 
a Nutri -Grade mark if the Nutri -Grade beverage’s grade is “C” or “D”; and  
(c) if the person labels a  package is labelled  in accordance with sub- paragraph 
(a) or (b ), must  ensure label the Nutri -Grade mark is labelled  on the front -
of-pack (called in this regulation the FOP) of the package, that is, the face 
of the package — 
(i) where the Nutri- Grade beverage’s name and brand (if there is a brand) 
appear; and 
 (ii) that is in the consumer’s  prospective purchaser’s  principal field of 
vision.  
(4)  For the purpose of paragraph (3), where more than one unit of prepacked Nutri -
Grade beverage is packaged for sale as a single item, the requirement to ensure 
label the FOP o f the package is labelled  under that paragraph may be satisfied — 
(a) by ensuring labelling  the FOP of the package to be sold as a single item is 
labelled  with a Nutri- Grade mark in respect of each type of Nutri -Gr ade  
beverage within the package and the package includes a statement that 
each unit in the package must not be sold separately or a statement to the 
like effect including the statement “Not to be sold separately” on the 
package ; or 
(b) where the package to be sold as a single item is wholly transparent, by 
ensuring labelling  the FO P of each unit within the transparent package is 
labelled  and ensuring that the Nutri -Grade mark is clearly visible through 
the transparent package.  
 
h) Paragraphs (1) , (2), (3) and ( 4) of the proposed new Regulation 184E : The Final 
Text:  
(i) provides greater flexibility to the display requirements  by giv ing the person who sells 
a Nutri -Grade beverage by retail the option to display or cause to be displayed an 
image of a Nutri -Grade mark if the Nutri -Grade beverage’s grade is “A” or “B”. For 
Nutri-Grade beverages graded “C” or “D”, the Final Text replaces the  obligation to 
display an image of a Nutri -Grade mark, with the obligation to ensure  that the Nutri -
Grade mark is displayed ;  
(ii) clarifies that the requirement to display an image of a Nutri -Grade mark is only in 
the three situations in the proposed new Regul ations 184E(2)(a) to (c). In the case 
of Nutri -Grade beverages sold from an automated beverage dispenser, the 
requirements only apply to purchaser -facing automated beverage dispensers that 
show an image or text listing of what beverage s may be dispensed and that are 
placed at any of the locations stated in the new Regulations 184E(4)(a) to (c) ; and 
(iii) clarifies that eating and catering establishments need not ensure that an image of a 
Nutri-Grade mark is displayed on online locations of sal e. 
   Display of image of Nutri -Grade mark  
184E. —(1)   Subject to paragraph (3) , A a person who sells a Nutri- Grade bevera ge 
by retail  online, from a vending machine (if the Nutri -Grade beverage is sold in 
prepacked form) or from a purchaser -facing automated beverage dispenser — 
(a) may display , or cause to be displayed,  an image of a Nutri -Grade mark to 
any person who may purchase the Nutri- Grade beverage  so a prospective 
purchaser  may see the image,  if the Nutri -Grade beverage’s grade is “A” 
or “B”; and   
(b) must ensure display  an image of a Nutri- Grade mark  is displayed to any 
person who may purchase the Nutri -Grade beverage  so a prospective 
purchaser  may see the image, if the Nutri -Grade beverage’s grade is “C” 
or “D”.  
(2)  For the purpose of paragraph (1), the requirement to ensure display  an image 
of the Nutri -Grade mark is displayed  is satisfied — 
(a) where the Nutri -Grade beverage is sold online — by ensuring clearly 
displaying  the image is clearly displayed  next to or in direct relation to the 
online image or text listing of the Nutri -Grade beverage;  
(b) where the Nutri -Grade beverage is prepacked and sold in prepacked form  
from a vending machine —  
 (i) by ensuring that the Nutri -Grade mark on the package of the Nutri -
Grade beverage is clearly visible through a window on the vending 
machine; or  
 (ii) by ensuring clearly displaying  the image is clearly displayed  next to or 
in direct relation to the image or text listing or price tag of the Nutri -
Grade beverage; and 
 (c) where the Nutri -Grade beverage is sold from a n purchaser -facing  
automated beverage dispenser — 
(i) by ensuring clearly displaying  the image  is clearly displayed  on, or 
near to, the automated beverage dispenser so that it is visible to a 
person who may purchase the Nutri -Grade beverage; and    
 (ii) if more than one beverage is available from the automated bevera ge 
dispenser, by ensuring the image must be is displayed next to or in 
direct relation to the image or text  listing of the Nutri -Grade beverage.  
(3)  Despite paragraph (1), a A person who This regulation does not apply to a 
person that  sells a Nutri- Grade beverage by retail  while carrying on a retail food 
business  — 
(a) at an eating establishment; or  
(b) at a catering establishment used to provide a catering service in 
accordance with paragraph 2 of the First Schedule to the Environmenta l 
Public Health Act  1987(Cap.  95),  
need not ensure an image of a Nutri -Grade mark is displayed for a Nutri -Gr ade  
bever age that is sold online.   
   (4)  In this regulation, “purchaser -facing automated beverage dispenser” means an 
automated beverage dispenser that shows an image or text listing of what bevera ge 
may be dispensed and is placed — 
 
(a) at or behind a sales counter in a way that allows  a prospective purcha ser 
to see the image or text listing;  
(b) to allow a prospective purchaser to dispense a beverage of his choice, 
based on the  image or text listing; or  
(c) in any other way that allows a prospective purchaser to see the image or 
text listing.  
 
i) Paragraph  (2) and  (3) of the proposed new Regulation 184F : The Final Text:  
(i) expands the scope of exemption from the advertising prohibitions by  including 
automated beverage dispensers as a point -of-sale; and  
(ii) remove s paragraph 3  which sets out the defences to the proposed ne w Regulation 
184F to avoid unnecessary repetition, given that section 16A of the Sale of Food Act 
(which sets out the same defences) applies to the proposed new Regulation 184F.   
 
184F. —(1)   Subject to this regulation, a  A person must not publish, cause to be 
published, or take part in the publication of, any advertisement used or apparently 
used to promote, directly or indirectly, the sale of a Nutri -Grade beverage graded 
“D”.  
(2)  Paragraph (1) does not apply to any advertisement — 
 (a) that does not contain a recommendation relating to the consumption of the Nutri -
Grade beverage and is published by means of a 
catalogue, price list or other document for the purpose of supplying 
the Nutri -Grade beverage by wholesale;  
 (b) that provides information about the name and price of its  the Nutri-
Grade beverage but does not otherwise promote its sale and is published — 
 (i) on the corporate website of a manufacturer, an importer, a distributor or a retailer of the Nutri -Grade beverage;  
 (ii) as part of a product launch that is not accessible to any member 
of the general public other than an invited guest; or  
 (iii) in the form of a press or media release; or  
(c) that complies with both of the following requirements:  
(i) the advertisement is published — 
(A) if the Nutri -Grade beverage is sold while carrying on a retail food 
business — at the food establishment where that business is 
carried on;  
(B) if the Nutri -Grade beverage is prepacked and sold in prepacked 
form from a vending machine — on the vending machine; or   
(C) if the Nutri -Grade beverage is sold from an automated bevera ge 
dispenser — on the automated beverage dispenser; or  
(C)(D)if the Nutri -Grade beverage is sold online — at the online 
location of sale;    (ii) the advertisement displays an image of the Nutri- Grade beverage’s 
Nutri- Grade mark, except that an advertisement that involves 
communication in an audible message need not display the image but  
must include the audible message that “The Nutri -Grade of this 
product is D .””. 
(3)  Where a person is charged with an offence for contravening paragraph (1) in 
relation to an advertisement, it is a defence for the person charged to prove that — 
 (a) the person was acting in the course of a business of delivering, 
transmitting or broadcasting communications (in whatever form or by 
whatever means) or making data available, and the nature of the 
business is such that persons undertaking it have no control over the 
nature or content of the communications or data; or  
 (b) the person did not know an d had no reason to believe that the 
advertisement was of a Nutri -Grade beverage graded “D”.  
(4)(3)  In this regulation, “corporate website” means an Internet website of a 
manufacturer, an importer, a distributor or a retailer that is accessible by the public 
and through which the public may obtain information about the manufacturer, 
importer, distribut or or retailer and its products.”.  
 
j) Paragraph (5) and (6) of the proposed new Sixteenth Schedule: The Final Text  is 
standardised with the language used in the proposed new Regulation 184C(2)  with regard 
to manu facturers ’ instructions . 
                           
6.  For the purpose of paragraphs 3 and 4 — 
 (a) the Nutri -Grade beverage’s sugar content is the grams of total suga r 
per 100 ml of the Nutri -Grade beverage minus the grams of lactose 
and galactose per 100 ml of the Nutri- Grade beverage;  
 (b) the Nutri -Grade beverage’s saturated fat content is the grams of 
saturated fat per 100 ml of the Nutri -Grade beverage; and 
       (c)      in determining the sugar content and saturated fat content — 
 (i) subject to sub- paragraphs (ii), (iii) and (iv), the grams of total 
sugar, lactose, galactose and saturated fat per 100 ml of the Nutri -
Grade beverage are determined — 
 (A) for a prepacked Nutri -Grade beverage — by the 
information on the nutriti on information panel on its package; 
or 
 (B) for a Nutri -Grade beverage sold by retail from an 
automated beverage dispenser  — by the information that 
would have been required on the nutrition information panel 
on its package under regulation 184C(1) and (2), if the Nutri -
Grade beverage were sold in prepacked form;  
 (ii) if the information does not state the grams of total sugar or 
saturated fat, the grams of total sugar or saturated fat (as the case may be) is taken to be zero grams;  
 (iii) if the information does not state the grams of lactose or galactose, 
the grams of lactose or galactose (as the case may be) is taken to be 
zero grams; and     (iv) for a Nutri -Grade beverage meant to be reconstituted or diluted 
with fluids before consumption, “100 ml” means 100 ml of the Nutri -
Grade beverage as prepared according to the manufacturer’s  
instructions indicated by the manufacturer  according on how  to 
prepare the information  beverage.”.  
 
 
__________