CONTROL OF SMOKING PRODUCTS FOR PUBLIC HEALTH ACT 2024

Control of Smoking Products For Public Health LAWS OF MALAYSIA Act 852 CONTROL OF SMOKING PRODUCTS FOR PUBLIC HEALTH ACT 2024 1 2 Laws of Malaysia Act 852 Date of Royal Assent ... ... 24 January 2024 Date of publication in the Gazette ... ... 2 February 2024 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Control of Smoking Products For Public Health LAWS OF MALAYSIA Act 852 CONTROL OF SMOKING PRODUCTS FOR PUBLIC HEALTH ACT 2024 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II REGISTRATION 3. Requirement for registration of tobacco product, etc. 4. Application for registration 5. Cancellation of registration 6. Register of tobacco product, etc. Part III ADVERTISEMENT, PROMOTION AND SPONSORSHIP 7. Prohibition on advertisement of tobacco product, etc. 8. Prohibition on advertisement of imitation of tobacco product, etc. 9. Prohibition on promotion or sponsorship of tobacco product, etc. 3 4 Laws of Malaysia Act 852 Part IV CONTROL OF SALE Section 10. Prohibition of sale of tobacco product, etc. 11. Prohibition of sale of imitation of tobacco product, etc. 12. Prohibition of tobacco product, etc., as a gift or prize 13. Prohibition of sale of tobacco product, etc., to minor Part V CONTROL OF PRICE, PACKAGING, LABELLING, MANUFACTURING, ETC. 14. Retail price or minimum selling price 15. Packaging and labelling Part VI PROHIBITION OF SMOKING 16. Non-smoking area or place 17. Prohibition of smoking, etc., of tobacco product, etc., on minor 18. Duty of proprietor of the building, etc. Part VII LIABILITY OF MANUFACTURER, IMPORTER OR DISTRIBUTOR 19. Presumption of matters related to labelling and packaging 20. Responsibility of manufacturer, importer or distributor Part VIII ADMINISTRATION 21. Acute or critical situation 22. Appointment of analysts 23. Approved laboratories 24. Appointment of authorized officers Control of Smoking Products For Public Health Part IX ENFORCEMENT Section 25. Power of investigation 26. Power to enter premises 27. Power to take sample 28. Procedure for taking sample 29. Presumption 30. Power to open packages and examine tobacco product, etc. 31. Power to stop, search and seize conveyance 32. Search and seizure with warrant 33. Search and seizure without warrant 34. Access to recorded information, computerized data, etc. 35. Seizure of things, etc. 36. List of things seized 37. Temporary return of conveyance, etc. 38. Cost of holding seized tobacco product, etc. 39. Power to require attendance of person acquainted with case 40. Examination of person acquainted with case Part X TRIALS AND PROCEEDINGS 41. Prosecution 42. Advance notice of expert evidence in court 43. Jurisdiction to try offences 44. Protection of informer 45. Evidence of agent provocateur admissible 46. Non-disclosure of information 47. Power to order appearance in court 5 6 Laws of Malaysia Part XI GENERAL Section 48. Compounding of offences 49. Offence by body corporate 50. Protection against suit and legal proceedings 51. Indemnity 52. Delegation of powers 53. Power to make regulations Part XII TRANSITIONAL 54. Transitional Act 852 7 Control of Smoking Products For Public Health LAWS OF MALAYSIA Act 852 CONTROL OF SMOKING PRODUCTS FOR PUBLIC HEALTH ACT 2024 An Act to provide for matters relating to the registration, advertisement, control of the sale and purchase of a tobacco product, smoking substance and substitute tobacco product, and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Control of Smoking Products For Public Health Act 2024. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 8 Laws of Malaysia Act 852 Interpretation 2. (1) In this Act, unless the context otherwise requires— “smoking substance” means any substance or any combination of substances, used for smoking, including nicotine, propylene glycol, glycerol and triethylene glycol; “prescribed” means prescribed by the Minister in the regulations made under this Act; “advertisement” includes any representation by any means for the purpose of promoting directly or indirectly any tobacco product, smoking substance or substitute tobacco product; “import” means to bring or cause to be brought into Malaysia by land, water or air for the purposes of sales from any place outside Malaysia but does not include the bringing into Malaysia any tobacco product, smoking substance or substitute tobacco product which is proved it is intended to be taken out of Malaysia on the same vehicle, vessel or aircraft on which the tobacco product, smoking substance or substitute tobacco product were brought into Malaysia without any transhipment or landing; “analyst” means any analyst appointed by the Minister under section 22 or any chemist registered under section 15 of the Chemists Act 1975 [Act 158]; “Director General” means the Director General of Health, Malaysia; “sell” or “sale” includes— (a) barter or exchanging of goods; (b) offering or attempting to sell; (c) causing or allowing to be sold; (d) exposing for sale; (e) receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange; Control of Smoking Products For Public Health 9 (f) supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale; (g) having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or (h) having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale; “Minister” means the Minister charged with the responsibility for health; “smoking” means 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 which is ignited, heated or vaporized or used in any other methods; “minor” means any person under the age of eighteen years; “authorized officer” means any medical officer of health, or any environmental health officer or assistant environmental health officer of the Ministry of Health or of any local authority, or any suitably qualified person, appointed by the Minister to be an authorized officer under section 24; “manufacturer” includes any person who packs or labels a tobacco product, smoking substance or substitute tobacco product; “importer” includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of, or is otherwise entitled to the custody or control, of a tobacco product, smoking substance or substitute tobacco product which is imported; “body corporate” means a company, limited liability partnership, firm or other body of persons; 10 Laws of Malaysia Act 852 “premises” includes— (a) any building or tent or any other structure, permanent or otherwise together with the land on which the building, tent or other structure is situated and any adjoining land used in connection therewith; or (b) any vehicle, conveyance, vessel or aircraft used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any tobacco product, smoking substance or substitute tobacco product; “substitute tobacco product” means any product or processed product, other than a tobacco product, that is capable of being smoked, whether with or without smoking substance; “tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption; “tobacco” means any product obtained from the leaf of Nicotiana tabacum or other Nicotiana species, whether in the state of uncured or cured state and includes the hybrid of these species, hybrid as a result of the cross of these species or hybrid with any other tree species or other hybrid, or the version of species which is genetically engineered or hybrid of such species. (2) For the purposes of this Act, a reference to “smoking products” shall be construed as a reference to tobacco products, smoking substances or substitute tobacco products. Part II REGISTRATION Requirement for registration of tobacco product, etc. 3. (1) No tobacco product, smoking substance or substitute tobacco product shall be imported, manufactured or distributed by any person unless registered under this Act. Control of Smoking Products For Public Health 11 (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction— (a) where the person is not a body corporate— (i) for the first offence, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and (ii) for the second or subsequent offence, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (b) where the person is a body corporate— (i) for the first offence, be liable to a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (ii) for the second or subsequent offence, be liable to a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both. Application for registration 4. (1) An application for the registration of a tobacco product, smoking substance or substitute tobacco product shall be made by the applicant to the Director General in the manner as prescribed. (2) The application made under subsection (1) may be withdrawn at any time by the applicant prior to any approval by the Director General. (3) Every application under subsection (1) shall be accompanied by the fee as prescribed and any document or information as determined by the Director General. 12 Laws of Malaysia Act 852 (4) At any time after receiving an application under subsection (1), the Director General may, in writing, require the applicant to provide any additional information, particulars or document within any period specified by the Director General. (5) If the applicant fails to comply with the request made under subsection (4) within the period specified in the request or any extension of time granted by the Director General, the application shall be deemed to be withdrawn without affecting the right of the applicant to make a fresh application. (6) Upon approval of the application made under subsection (1), the Director General may impose any condition as he deems fit and the Director General may vary or revoke any of the condition imposed. Cancellation of registration 5. (1) Subject to subsection (2), the Director General may cancel any approval of the registration made under section 4 if the applicant— (a) has contravened any provision of this Act or any regulations made under this Act; (b) has breached any condition of the registration; or (c) has been convicted of any offence under this Act or any regulations made under this Act. (2) The Director General s