Statute Details
- Title: Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019
- Act Code: RSA2019-OR1
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Resource Sustainability Act 2019 (Section 50)
- Citation: SL 902/2019
- Current Version Status: Current version as at 27 Mar 2026
- Revised Edition: 2025 Revised Edition (2 June 2025)
- Commencement (as per extract): 1 January 2020
- Key Provision(s): Section 2 (Exemption for incidental supply of batteries)
What Is This Legislation About?
The Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019 is a narrow but practically important piece of Singapore subsidiary legislation. In essence, it creates a targeted exemption from certain battery-related requirements under the Resource Sustainability Act 2019 where batteries are supplied only incidentally—meaning they are provided together with another product, rather than being supplied as a standalone battery product.
For businesses, the Order helps clarify regulatory boundaries in common commercial scenarios. For example, a retailer or manufacturer may include a battery in a packaged device (such as a remote control, a toy, or a small electronic product) so that the product can function immediately upon purchase. In such cases, the battery is not the “main” regulated item; it is supplied as part of the overall product offering. The Order addresses this by disapplying (i.e., removing) the application of specified sections of the Act to those incidentally supplied batteries.
Although the Order is short, it is legally significant because it determines whether the compliance obligations in the Resource Sustainability Act 2019 attach to particular batteries. That determination can affect registration, reporting, product stewardship obligations, and related compliance steps. The Order therefore functions as a “gatekeeper” provision: it narrows the reach of the Act’s battery provisions to batteries that are supplied in a manner that is not merely incidental to another product.
What Are the Key Provisions?
1. The core exemption (Section 2(1))
The operative provision is Section 2. Under Section 2(1), Sections 8 and 18(1)(a) of the Resource Sustainability Act 2019 do not apply to a battery that meets the Order’s conditions. Specifically, the exemption applies to a portable battery or an industrial battery that is supplied only in connection with the supply of another product.
In plain language, if a battery is provided solely because another product is being supplied—rather than being sold or supplied as a separate battery item—then the Act’s specified sections are disapplied for that battery. The wording “do not apply” is important: it is not merely a partial modification of obligations; it is a legal exclusion from the operation of the referenced statutory provisions.
2. The “only in connection with” requirement
The exemption turns on the factual and commercial character of the supply. The battery must be supplied only in connection with the supply of another product. This “only” qualifier suggests that the battery must not be supplied as an independent item, nor supplied in a way that goes beyond what is necessary to accompany the other product. Practically, this means that if a supplier provides batteries both as part of a product package and separately (for example, as replacement batteries sold on their own), the exemption may not cover the separately supplied batteries.
For practitioners advising regulated entities, this requirement will often be assessed by reference to packaging, product listings, invoices, supply contracts, and how the battery is described in commercial documentation. If the battery is bundled as part of the product’s standard configuration and is not offered as a standalone supply, the exemption is more likely to be available. Conversely, if the battery is stocked, ordered, and supplied as a separate line item, the “incidentally supplied” character may be undermined.
3. Battery categories: portable and industrial batteries (Section 2(2))
Section 2(2) defines the relevant battery categories by reference to the Resource Sustainability (Prescribed Regulated Products) Regulations 2019, regulation 2. The Order does not restate the definitions; instead, it incorporates them by reference.
This drafting technique is common in Singapore legislative practice. It ensures consistency across the regulatory framework: the same definitional boundaries used in the Regulations for “portable battery” and “industrial battery” will apply for the exemption. For legal compliance, this means counsel must look beyond the Order itself and confirm the battery type under the Regulations—particularly where a battery could arguably fall into more than one category depending on chemistry, form factor, or intended use.
4. Disapplied provisions: Sections 8 and 18(1)(a) of the Act
The Order identifies the specific provisions of the Resource Sustainability Act 2019 that are excluded. While the extract provided does not reproduce the text of Sections 8 and 18(1)(a), the legal effect is clear: those sections do not apply to qualifying batteries. In practice, these provisions likely relate to regulatory obligations for batteries (for example, requirements connected to product responsibility or other statutory duties). The exemption therefore reduces the compliance footprint for incidentally supplied batteries.
For a practitioner, the key task is to map the disapplied sections to the compliance obligations that would otherwise arise. This requires reviewing the Resource Sustainability Act 2019 itself and understanding what Sections 8 and 18(1)(a) require. The Order’s value lies in that mapping: it tells you which obligations fall away for incidentally supplied batteries, and which obligations may still apply under other parts of the Act or other subsidiary legislation.
How Is This Legislation Structured?
Despite its short length, the Order is structured in a straightforward way. It contains:
(a) Citation provision (Section 1): This identifies the instrument as the “Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019”.
(b) Substantive exemption provision (Section 2): This is the only substantive section. It sets out the scope of the exemption, the battery categories covered, and the legal effect (disapplication) of specified sections of the Resource Sustainability Act 2019.
There are no additional parts, schedules, or detailed procedural provisions in the extract. The Order’s simplicity means that compliance analysis will focus heavily on the factual fit (incidental supply) and definitional fit (portable vs industrial battery).
Who Does This Legislation Apply To?
The Order applies to persons who supply batteries that fall within the definitions of “portable battery” or “industrial battery” under the Resource Sustainability (Prescribed Regulated Products) Regulations 2019. In practical terms, this includes manufacturers, importers, distributors, and retailers who package products with batteries included, as well as suppliers who provide batteries as part of a bundled product offering.
However, the exemption is not universal for all battery supplies. It applies only where the battery is supplied only in connection with the supply of another product. Therefore, the regulated party’s business model and supply chain arrangements matter. If batteries are supplied as replacement items, sold separately, or otherwise distributed beyond incidental bundling, the exemption may not apply.
Why Is This Legislation Important?
Although the Order is brief, it has meaningful compliance consequences. Battery regulation can impose administrative and operational burdens. By carving out incidentally supplied batteries, the Order reduces the risk of over-regulation where batteries are not the primary regulated product being marketed or supplied.
From a legal risk perspective, the exemption provides a defensible position for businesses that include batteries in product packaging. Without such an exemption, suppliers might face uncertainty about whether every bundled battery triggers the full set of statutory obligations under the Resource Sustainability Act 2019. This could lead to unnecessary compliance costs, misclassification of products, or inconsistent treatment across the supply chain.
For enforcement and compliance teams, the Order also offers a clear analytical framework: (1) confirm the battery category under the Regulations; (2) confirm that the battery is supplied only in connection with another product; and (3) identify which obligations are disapplied by reference to Sections 8 and 18(1)(a) of the Act. The practical impact is that compliance programmes can be more targeted and proportionate, focusing resources on batteries that are supplied as regulated items rather than those that are merely incidental to another product.
Related Legislation
- Resource Sustainability Act 2019 (including Sections 8 and 18(1)(a))
- Resource Sustainability (Prescribed Regulated Products) Regulations 2019 (regulation 2: definitions of “portable battery” and “industrial battery”)
Source Documents
This article provides an overview of the Resource Sustainability (Exemption for Incidentally Supplied Batteries) Order 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.