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What does the Biological Agents and Toxins Act regulate?
The Act regulates the possession, use, import, transhipment, transfer and transportation of biological agents, inactivated BAs and toxins that are known to be hazardous to human health in Singapore.
The BATA is a risk-based legislation that sets stringent controls on biological agents and toxins that pose high or significant risk to public health and security and lighter control on biological agents that pose lesser risk.
Biological agents which are of negligible risk to public health and security are not regulated.
When did the Biological Agents and Toxins Act enforced?
The Biological Agents and Toxins Act passed by the Parliament on 18th October 2005 and enforced on the 3rd January 2006.
How can I get the latest version of the Biological Agents and Toxins Act and its regulations?
The Biological Agents and Toxins Act can be accessed by:
- downloading from the Singapore Statutes Online;
- subscribing to the LawNet service provided by the Singapore Academy of Law;
- purchasing from Singapore National Printers Corporation Ltd (SNP); or
- downloading from the Biosafety Website.
Does the Biological Agents and Toxins Act regulate the export of biological agents, inactivated biological agents and toxins listed in the schedules?
The Act DOES NOT regulate the export of biological agents and toxins. However, if it is a First or Second Schedule biological agent or a Fifth Schedule toxin, then you are advised to notify MOH at
moh_biosafety@moh.gov.sg.
Which agency controls the export of biological agents (BAs) and toxins?
Who is covered by the Biological Agents and Toxins Act (BATA)?
The Act applies to any person or party (laboratories, companies or institutions, etc), who is dealing with biological agents or toxins listed in the Schedules of the Act.
Individuals who wish to work, possess, use, store, etc., the biological agents and toxins should also be aware of the requirements of the Act, as these can affect their operations.
Courier service providers transporting biological agents and toxins within and into Singapore should also be aware of the requirements for the transportation, transhipment and transfer of biological agents and toxins.
Are there any "general exemptions" on activities involving the scheduled biological agents or toxins listed in the Biological Agents and Toxins Act (BATA) that are exempted from the Act?
The Act does not apply to any of the following activities:
- Disposal of any biological agent by a hazardous waste contractor;
- Handling of any biological agent or toxin in the course of carrying out a diagnosis or an autopsy;
- Collection of food samples or samples from the environment for the purpose of carrying out any laboratory analysis to determine or identify, for public health purposes, the nature of any biological agent or toxin that is present in such samples or in the environment from which such samples have been taken; or
- Use or possession by any of the following persons of any finished cosmetic or medicinal product consisting of any toxin:
- any person lawfully manufacturing, supplying, selling or dispensing the finished cosmetic or medicinal product;
- any registered medical practitioner using the finished cosmetic or medicinal product in the course of treating another person;
- any person using the finished cosmetic or medicinal product for the cosmetic or medical purposes for which it is intended.
What is the definition of "diagnosis" in the Biological Agents and Toxins Act (BATA)?
The Act defines "diagnosis" as any activity undertaken solely with the intention of analysing any specimen from a person or an animal in which a biological agent is or is suspected of being present for the purpose of -
- Determining the cause of any disease suffered by any person or animal;
- Assessing the clinical progress of any person or animal;
- Carrying out the clinical management of any person or animal;
- Determining the cause of death of any person or animal in an autopsy;
- Identifying or determining the nature of the toxin that is or suspected to be present in the specimen for public health purposes.
I am a director of a facility involved in the activities listed under Section 4 of the Biological Agents and Toxins Act (BATA). Do I need to register with the Ministry of Health (MOH) that I am working with such biological agents and toxins?
Why are there several schedules in the Biological Agents and Toxins Act? What are the kinds of biological agents and toxins covered by the Act?
The 5 Schedules in the Act cover a wide spectrum of biological agents and toxins. Different levels of controls have been adopted for each Schedule, depending on the risk of the biological agents or toxins.
The table below shows an overview of the Schedules with the corresponding risk.
Schedule | Description of Risk |
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First Schedule Part I |
Risk group 3 biological agents. |
First Schedule Part II |
Risk group 3 biological agents perceived to have the potential to be weaponised. |
Second Schedule |
Risk group 4 biological agents. |
Third Schedule |
Risk group 2 biological agents that needs special attention if produced in large scale. |
Fourth Schedule |
Risk group 2 biological agents including those listed under the Third Schedule. |
Fifth Schedule |
Microbial toxins perceived to have the potential to be weaponised. |
Why is the First Schedule subdivided into 2 parts? Are there any differences in the requirements for working with such biological agents?
The table below shows the different characteristics and requirements for the possession of First Schedule Part I and Part II biological agent:
First Schedule | Description of Risk | Basic Requirement for Possession |
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Part I biological agent | Risk group 3 biological agents. | Certified facility |
Part II biological agent | Risk group 3 biological agents perceived to be potentially weaponizable. | Certified facility that is also gazetted as a protected place under the Infrastructure Protection Act |
I do not see any biological agents listed in the Fourth Schedule of the Biological Agents and Toxins Act. Where can I find the list of the Fourth Schedule biological agents?
Fourth Schedule biological agents cover ALL risk group 2 agents. The list is non-exhaustive as the number us too large to be listed in the Act.
However, to facilitate importation of Fourth Schedule biological agents, we have listed the more common risk group 2 biological agents (with MOH import product codes) under the "Fourth Schedule" of the "List of Biological Agents and Toxins".
As the list is not exhaustive, importers are advised to consult MOH on any risk group 2 biological agent that they intend to import, even if they are not found in the list. Importers may send their enquiries to moh_biosafety@moh.gov.sg.
Please check the list of "Biological Agents and Toxins" from the Biosafety Website before submitting any application for import as MOH updates this list from time to time.
I am from a research laboratory. Must I be familiar with all the requirements for all the scheduled biological agents and toxins under the Biological Agents and Toxins Act?
The provision of the
Act is dependent on the type of biological agent that you are working on, rather than the type of laboratory or industry. Hence, the type or schedule of the biological agents or toxins, and the work involved will determine which sections of the
Biological Agents and Toxins Act (BATA) is applicable.
I am a researcher working with genetically modified micro-organisms (GMMs). Are there any specific requirements related to GMMs in the Biological Agents and toxins Act?
The Biological Agents and Toxins Act does not differentiate genetically modified micro-organisms (or genetically modified biological agents or GMBAs) from non-GMMs (on non-GMBAs).
Anyone who intends to work on GMMs or GMBAs shall adhere to the Singapore Biosafety Guidelines for Research on Genetically Modified Organisms, conduct risk assessment on the proposed work and submit their proposal to the Genetic Modification Advisory Committee (GMAC) for formal endorsement and approval, keeping MOH updated.
More details on the GMAC's framework can be obtained from the GMAC Secretariat at info@gmac.sg or visit the GMAC Website.
I am a courier service provider handling the transportation of biological agents and toxins. Which sections in the Biological Agents and Toxins Act apply to me?
For courier service providers, you need to be familiar with the requirements for import, transhipment and transport of biological agents and toxins.
You should not execute the clearance of any import/tranship of biological agents or toxins unless you have ascertained that a VALID permit has been secured from MOH.
Your responsibilities during the transportation of biological agents and toxins are covered in Section 47 of the Biological Agents and Toxins Act. In brief, you should have been provided with the appropriate training and a valid Hazmat Drivers Training Permit (if it involved First, Second and Third Schedule biological agents and Fifth Schedule toxins). You shall also ensure that there are no unreasonable delays in the transportation, and to protect the security of the biological agents or toxins that you are transporting.
For more details, please refer to the section for courier service providers in this FAQ’s and the Biological Agents and Toxins Act and the Transportation Regulations.
I noted that both MOH and Animal and Veterinary Service (AVS) are controlling the import and/or use of certain biological agents (or infectious agents). Please clarify the difference or overlapping of regulations between the two agencies.
The Biological Agents and Toxins Act BATA) under MOH, regulates biological agents capable of causing disease in humans (human pathogens), while the Animals and Birds Act under AVS controls biological agents capable of causing disease in animals (animal pathogens). However, there is a subset of biological agents that can cause disease in both humans and animals (zoonotic agent) and that are jointly regulated by MOH and AVS.
Depending on the risk group or schedule of the zoonotic pathogens, MOH and AVS may have their own set of requirements. Thus, you are advised to refer to the respectively authorities on such requirements.
AVS's contact: 6805 2840; animal_feedback@nparks.gov.sg
More information on how to apply for an import permit for jointly controlled agents can be found under "Import/Transhipment Permits".
If I have further inquiries on the Biological Agents and Toxins Act, to whom should I direct my enquiries to?
You may send your enquiries through e-mail to
moh_biosafety@moh.gov.sg. Our officers will respond to you within 5 working days.