KUALA LUMPUR – The revised Control of Smoking Products for Public Health Bill 2023, without the Generational Endgame (GEG) provision, prohibits the sale of tobacco and smoking products or their substitutes to minors with a fine of not more than RM20,000 for any individual.
The offender is also liable to be jailed for not more than one year, besides being fined.
Subsequent offences will see a fine of not more than RM30,000, or jail of not more than two years, or both, imposed.
For offenders who are a body corporate, the sale of tobacco products, smoking products and substitutes are liable to a fine of not less than RM20,000 and not more than RM100,000, or to a jail term for not more than two years, or both.
The second or subsequent offence will see the body corporate liable to a fine of between RM50,000 and RM300,000, or to imprisonment for not more than three years, or both.
These provisions to regulate the sale of such products to minors are in the bill tabled for first reading by Health Minister Dr Zaliha Mustafa in Parliament today.
They do not stipulate the January 1, 2007 birth date for minors, which would have banned anyone born on that date onwards from smoking or vaping.
The amount of the fines and time in jail is otherwise the same as the previous version of the bill with the GEG provision.
The new proposed fines are much higher than current legislation on the sale of cigarettes to minors, which impose only a RM10,000 fine or jail term of not more than two years, as stipulated in the Control of Tobacco Product Regulations 2004 which are under the Food Act 1983.
While the new bill does not specifically mention vape or e-cigarettes, the bill’s interpretation section states that “smoking” shall mean “inhaling and expelling the smoke or vapour of any tobacco product or substitute tobacco product, and includes the holding of or control over any tobacco product or substitute tobacco product that is ignited, heated, vapourised, or used in any other method.”
It also defines “substitute tobacco product” as one that “is capable of being smoked, whether with or without smoking substance” and clarifies that references to “smoking products” in the bill “shall be construed as a reference to tobacco products, smoking substances, or substitute tobacco products”.
The revised bill tabled by Zaliha today also punishes a minor who purchases any tobacco product, smoking substance or substitute tobacco product with a fine of not more than RM500, or community service.
In the previous bill with the GEG provision, those born on January 1, 2007 and onwards are liable to the same amount of fine and community service.
Under the 2004 regulations, minors who smoke, chew, buy or possess tobacco products, whether for self use or not, are liable to be fined not more than RM1,000. – November 28, 2023