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Application to regulated products
6. This Part applies only to a class or type of electrical or electronic product (including an electrical or electronic product supplied as a component of another product) that is prescribed to be a regulated product.
Interpretation of this Part
7.—(1) In this Part, unless the context otherwise requires —“e-waste” means any regulated product that is intended for disposal and not for re‑use; “registered” means registered under section 9(2); “regulated consumer product” means any regulated product prescribed as such under section 12(2); “regulated non-consumer product” means any regulated product that is not a regulated consumer product; “regulated product” means any class or type of electrical or electronic product prescribed as such under section 6; “supply”, in relation to any regulated product, includes —(a) the supply of the regulated product by way of sale (including by barter or exchange) or hire‑purchase; (b) the supply of the regulated product by retail or by wholesale; (c) the supply of the regulated product in connection with any agreement; and (d) the offer to supply the regulated product or exposure of the regulated product for supply. (2) Subject to subsection (3), a person is the producer of a regulated product if the person —(a) carries on a business of supplying the regulated product in Singapore; and (b) in furtherance of that business —(i) imports the regulated product into Singapore; (ii) manufactures the regulated product in Singapore; or (iii) engages another person to manufacture the regulated product in Singapore or otherwise causes such manufacture. (3) A manufacturer of a regulated product is not the producer of the regulated product if the manufacturer manufactures the regulated product for or on behalf of a Singapore‑connected person.
Unauthorised supply of regulated products
8.—(1) A producer of a regulated product must not supply the regulated product or any other regulated product in Singapore if the producer is not registered under section 9(2). (2) A producer of a regulated product who, without reasonable excuse, 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 months or to both.
Registration of producers
9.—(1) A producer of a regulated product in Singapore may apply to the Agency to be registered under subsection (2). (2) The Agency may register, subject to such conditions as the Agency thinks fit to impose, or refuse to register, any applicant under subsection (1). (3) Any registration under subsection (2) is transferable only with the written approval of the Agency. (4) A producer of a regulated product who is aggrieved by the Agency’s decision to impose a condition on a registration or to refuse to register the producer under subsection (2) may, within 14 days after receiving notice of the Agency’s decision, appeal to the Minister.
Duration, cancellation and revocation of registration
10.—(1) A registration of a producer of a regulated product under section 9(2) remains valid unless cancelled or revoked under this section. (2) The Agency may cancel a registration under section 9(2) of a producer of a regulated product if —(a) the producer of the regulated product applies to the Agency to cancel the registration; or (b) the producer of the regulated product winds up, goes into liquidation or is otherwise dissolved. (3) The Agency may revoke the registration of a producer of a regulated product after giving notice to the producer concerned and after such inquiry as the Agency thinks fit, on any of the following grounds:(a) the producer procured the registration by providing any information or document to the Agency that is false or misleading in any material particular; (b) the Agency is satisfied that the producer has contravened any provision of this Part or any condition of the registration. (4) The Agency must, before revoking a registration under subsection (3), give the producer of a regulated product concerned a written notice of its intention to do so and an opportunity to submit reasons, within the period specified in that notice, as to why the registration should not be revoked. (5) The Agency must, within 14 days after revoking any registration under subsection (3), inform the producer of a regulated product whose registration is revoked in writing of the grounds for the revocation. (6) A producer of a regulated product who is aggrieved by the Agency’s decision under subsection (3) to revoke the producer’s registration may, within 14 days after receiving the grounds for the revocation under subsection (5), appeal to the Minister.
Register of registered producers
11.—(1) The Agency must maintain a register in which is entered such particulars of every registered producer of a regulated product as the Agency determines. (2) Where the registration of a producer of a regulated product has been cancelled or revoked (as the case may be), the Agency may —(a) remove the particulars of the producer from the register; or (b) indicate the fact of the cancellation or revocation of registration against the particulars of the producer in the register. (3) The Agency may, upon an application by any person accompanied by such fee as may be prescribed, provide to that person a certified copy of an entry in the register maintained under this section.
Certain registered producers must join licensed scheme
12.—(1) A registered producer of a regulated product must not supply any regulated consumer product in any compliance year if the registered producer —(a) has, on average for each year in the relevant period immediately preceding the compliance year, supplied more than the threshold prescribed for that regulated consumer product; and (b) is not a member of a licensed scheme for the regulated consumer product. (2) For the purposes of subsection (1), the Minister may prescribe —(a) any regulated product as a regulated consumer product; and (b) a threshold that applies to —(i) one class or type of regulated consumer product; or (ii) 2 or more classes or types of regulated consumer products collectively. (3) A registered producer of a regulated product who, without reasonable excuse, 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 months or to both. (4) In this section —“compliance year” means the period starting 1 July in any year and ending 30 June in the following year (both dates inclusive); “relevant period” means —(a) in relation to the compliance year from 1 July 2021 to 30 June 2022 (both dates inclusive) — the year 2020; (b) in relation to the compliance year from 1 July 2022 to 30 June 2023 (both dates inclusive) — the years 2020 and 2021; and (c) in relation to any compliance year after 30 June 2023 — 3 calendar years.
Collection and disposal of unwanted regulated non‑consumer products
13.—(1) Where a person, on or after 1 July 2021, presents a regulated non‑consumer product to the producer of the regulated non‑consumer product (whether or not registered) for the purposes of disposal, or requests that producer to dispose of the regulated non‑consumer product, the producer —(a) must, within a reasonable time after being presented or receiving the request, collect the regulated non‑consumer product from any premises specified by the person; and (b) must not demand or require the person to pay any consideration for the collection and disposal of the regulated non‑consumer product (such as the cost of any labour or transport). (2) Where the producer of a regulated non‑consumer product contravenes subsection (1)(a), the Agency may, by written notice served on the producer, direct the producer to collect the regulated non‑consumer product from any premises (whether or not specified by the person mentioned in subsection (1)) and within the time, specified in the written notice. (3) A producer of a regulated non‑consumer product who is aggrieved by any direction of the Agency under subsection (2) may, within 14 days after being notified of the direction, appeal to the Minister. (4) A producer of a regulated non‑consumer product who, without reasonable excuse —(a) contravenes subsection (1)(b); or (b) refuses or fails to comply with the Agency’s direction under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (5) It is a defence to a prosecution for an offence under subsection (4)(a) or (b) if it is proved, on a balance of probabilities, that the accused reasonably believed that the accused is not the producer of the regulated non‑consumer product. (6) A producer of a regulated non‑consumer product commits an offence if the producer disposes of any regulated non‑consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, any of the following persons:(a) a licensed waste collector; (b) a licensed e‑waste recycler. (7) In a prosecution for an offence under subsection (6), it is not necessary for the prosecution to prove that the accused knew that —(a) the thing disposed of is a regulated non‑consumer product collected under this section; (b) the person to whom the thing was presented is not a licensed waste collector or licensed e‑waste recycler; or (c) the place at which the thing was deposited was not directed or designated by a licensed waste collector or licensed e‑waste recycler. (8) A producer of a regulated non‑consumer product who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $10,000.
Retailers must collect and dispose of unwanted products
14.—(1) Where a retailer —(a) supplies a regulated consumer product (called in this section the supplied product) to a consumer; and (b) in the course of such supply, delivers, or causes the delivery of, the supplied product to any premises specified by the consumer, the consumer may require the retailer to collect from the premises, and dispose of, another regulated consumer product (called in this section the unwanted product) that is of the same class or type as the supplied product according to the classification in section 12(2)(a). (2) If a person requires a retailer to collect and dispose of an unwanted product under subsection (1), the retailer —(a) must, at the time of the delivery or such other time as may be agreed between the person and the retailer, collect the unwanted product from the premises mentioned in subsection (1); and (b) must not demand or require the person to pay any consideration for the collection and disposal of the unwanted product (such as the cost of any labour or transport). (3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (4) A retailer commits an offence if the retailer disposes of any unwanted product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme. (5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that —(a) the thing disposed of is an unwanted product collected under this section; (b) the person to whom the thing was presented is not a person operating a licensed scheme; or (c) the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme. (6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.
Large retailers must offer in-store collection of certain e-waste
15.—(1) This section applies only in relation to —(a) regulated consumer products that are prescribed as designated regulated consumer products for the purposes of this section; and (b) a retailer who owns or occupies any premises with a floor area of or more than 300 sqm (or such other area prescribed in substitution), from which any designated regulated consumer product is supplied. (2) Where —(a) a designated regulated consumer product is brought to a retailer’s premises for disposal; and (b) the designated regulated consumer product is of the same class or type of consumer product as that supplied at those premises according to the classification in section 12(2)(a), the retailer must accept the designated regulated consumer product for disposal. (3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (4) A retailer commits an offence if the retailer disposes of any designated regulated consumer product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme. (5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that —(a) the thing disposed of is a designated regulated consumer product collected under this section; (b) the person to whom the thing was presented is not a person operating a licensed scheme; or (c) the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme. (6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.
Restriction of public collection of e‑waste
16.—(1) Except where otherwise authorised by this Act and despite section 31 of the Environmental Public Health Act 1987, a person, other than an individual, must not, whether or not for reward, provide a receptacle in a public place, or a service to the public, for the collection of any regulated product for disposal unless the person is doing so —(a) in the course of operating a licensed scheme; or (b) in accordance with the written approval of the Agency. (2) The Agency may impose conditions (including conditions subsequent) in its written approval mentioned in subsection (1)(b). (3) Subsection (1) does not apply in relation to —(a) the placement by a person of a receptacle in a public place for the collection of any regulated product for disposal where the person does so for or on behalf of a person referred to in subsection (1)(a) or (b); or (b) the collection of any regulated product for disposal as waste by a licensed waste collector where the collection of the regulated product is —(i) incidental to the licensed waste collector’s collection of general waste; or (ii) carried out for or on behalf of a person mentioned in subsection (1)(a) or (b). (4) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Proper disposal of regulated products
17.—(1) Except where section 13, 14 or 15 applies, a person, other than an individual, commits an offence if the person disposes of a regulated product other than by presenting it to, or by depositing it at a place directed or designated by, an approved person. (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that the accused knew that —(a) the thing disposed of is a regulated product; (b) the person to whom the thing was presented is not an approved person; or (c) the place at which the thing was deposited was not directed or designated by an approved person. (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000. (4) In this section, “approved person” means any of the following persons:(a) a person operating a licensed scheme; (b) a licensed waste collector or licensed e‑waste recycler; (c) a person referred to in section 16(1)(b).
Keeping of records
18.—(1) A registered producer of any regulated product must keep and maintain complete and accurate records of —(a) the weight and number of all regulated products the producer has supplied in Singapore; and (b) if the registered producer supplies regulated non‑consumer products, the weight and number of all regulated non‑consumer products the producer has collected under section 13 and how the regulated non‑consumer products are handled or disposed of (as waste or otherwise). (2) A registered producer mentioned in subsection (1) must —(a) retain the records mentioned in subsection (1) for the prescribed period or longer; (b) during the prescribed period, make available for inspection by any authorised officer, the records mentioned in subsection (1) when so requested by any authorised officer; and (c) give to the Agency the records mentioned in subsection (1), and such other record, document or information relevant to monitoring or evaluating compliance with this Act as the Agency may require, in the time specified by the Agency. (3) A registered producer who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and (b) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence. (5) The offence under subsection (3) is a strict liability offence.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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