KUALA LUMPUR – The fines and jail terms in the revised smoking products control bill tabled today are no more than RM30,000 and two years’ jail for individuals, and RM300,000 and three years’ imprisonment for body corporates.
The Control of Smoking Products for Public Health Bill 2023, which excludes the Generational Endgame (GEG) provision, was tabled for its first reading today and aims to minimise the prevalence of smoking by covering a range of offences such as failure to register products, sale to minors, as well as advertising.
For most offences, individuals who are first-time offenders will be liable to a fine of no more than RM20,000, imprisonment of up to a year, or both. Subsequent offences carry a punishment of no more than RM30,000 in fines, or jail time of two years at most, or both.
Meanwhile, first-time offending companies may be charged with a fine set between RM20,000 and RM100,000, imprisonment of up to two years, or both. Repeated offences result in fines between RM50,000 and RM300,000, or jail time of no more than three years, or both.
Additionally, while vape and e-cigarettes are not specifically named in the bill, they are described in the interpretation section of the bill where “tobacco products, smoking substances, or substitute tobacco products” are defined.
The above fines and jail terms are applicable to most of the offences listed under the bill, as listed below, unless stated:
1. Failure to register products
Unless a person or company is registered under the act, they are prohibited from importing, manufacturing, and distributing any of the aforementioned products.
All registration applications must be made to the health director-general, who has the right to cancel any approvals if the applicant has breached registration terms, contravened any provisions, or has been convicted for any offences in the act.
2. Sale, display, advertising, and sponsoring of products
The sale and display of all tobacco, smoking and substitute products are prohibited, unless the sale and display complies with prescribed requirements. Sponsorships involving them are also prohibited.
Individuals and corporations are also prohibited from advertising the products, or encouraging their purchase and usage – even if they are labelled as “quit smoking products”.
3. How about products as gifts or prizes? Still no
Individuals and companies cannot sell goods together with the products targeted by the bill, even if they are intended as gifts or prizes.
Similarly, they also cannot sell the products with coupons or offers attached.
4. Improper pricing and packaging
The retail and minimum selling prices of any tobacco, smoking and substitute product must be in accordance with conditions prescribed by the ministry, inclusive of any excise duties and related tax.
Manufacturers and importers must make an application to the health director-general to determine the retail prices of their products.
The packaging and labelling of products must also adhere to the ministry’s prescribed requirements.
5. Sales to and use by minors
Similarly, selling such products to minors – specifically, any individual under the age of 18 – is strictly prohibited.
Separately, minors are not allowed to purchase, smoke, chew, or use the products in any manner. Those found breaching this will face a fine of RM500 or be made to do community service according to the Criminal Procedure Code, or the Child Act 2001.
6. Sales and advertisements of product imitations
Although not explicitly a tobacco product, any imitation is still prohibited, if it encourages smoking or its purchase.
As such, any advertisements and sale of imitation products are also not allowed. First-time offenders may be fined up to RM10,000 and spend up to a year in prison, while subsequent breaches mean a fine of RM20,000 and a year of jail time, at most.
Companies, meanwhile, are liable to a fine of between RM10,000 to RM50,000 or imprisonment of up to a year for a first-time offence, or both. Subsequent breaches will see a fine of between RM30,000 and RM200,000 or jail for up to two years, or both.
7. Smoking in non-smoking areas
The Health Minister may declare any building or area with public access, or part of it, as a non-smoking zone.
Similarly, proprietors and occupiers of these areas must display warning signs of the prohibition of smoking, and not provide any equipment or facilities intended to encourage smoking.
Contravening these orders will lead to a fine not exceeding RM5,000. It should be noted that this is half the maximum RM10,000 fine currently in force under the Control of Tobacco Product Regulations 2004 under the Food Act 1983.
The existing regulations, to be superseded by the revised bill if it is passed by Parliament, also stipulate a jail term not exceeding two years for those who smoke in no-smoking zones.
8. Obstructing the ministry’s powers
Manufacturers, importers, and distributors are to provide any information regarding their products determined by the health director-general or any authorised officer.
Failure to do so can get individuals fined up to RM10,000 or a year’s prison, or both, and for corporate bodies, a fine between RM10,000 and RM50,000, or a year in prison, or both.
Enforcement officers may also demand manufacturers to provide samples of products or stop their conveyance. Those who fail to follow these instructions will be fined up to RM10,000, or be imprisoned for up to a year, or face both.
A similar punishment is applied if an unauthorised individual breaks, tampers, or damages the seal of any item seized by law enforcement officials. – November 28, 2023