Addressing the House: Dr Zaliha speaking in Parliament yesterday. — Bernama
KUALA LUMPUR: In a third attempt to legislate the anti-smoking law, the Health Ministry tabled the revised Control of Smoking Products for Public Health 2023 Bill for the first reading in the Dewan Rakyat yesterday.
Health Minister Dr Zaliha Mustafa also retracted the earlier version of the Bill, which had been introduced for its first reading in June.
The revised Bill omitted the generational end-game (GEG) provisions that aimed to prohibit individuals born from 2007 onwards from smoking or purchasing smoking products.
Instead, clause 17(1) of the new version of the Bill prohibits minors under the age of 18 from smoking, chewing or using any tobacco products or substitute tobacco products. Under clause 17(2), any minor who fails to comply will have committed an offence.
It further prohibits the sale of such products and the provision of any services related to smoking to a minor.
Minors who purchase tobacco products, smoke substances, or use substitute tobacco products may face a fine not exceeding RM500 or be ordered to perform community service, in accordance with the Criminal Procedure Code or the Child Act 2001.
According to Clause 13(2)(a) of the proposed Bill, a person found to have committed an offence of selling tobacco products, smoking substances, or substitutes, or providing any services related to smoking to a minor, shall be fined not more than RM20,000, imprisoned for not more than a year, or both.
If the offence is committed for the second time, the individual will be subject to a fine of up to RM30,000, imprisonment of up to two years, or both.
Corporate bodies committing the same offence will be fined not less than RM20,000 and not more than RM100,000. They will also be subjected to imprisonment for up to two years or both.
The Bill proposed that for repeat offences, the corporate body faces a fine of between RM50,000 and RM300,000, a prison term of up to three years, or both.
“Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding RM500 or be ordered to perform community service pursuant to the Criminal Procedure Code or the Child Act 2001,” the Bill read.
In a press conference following the tabling of the Bill, Dr Zaliha stated that the proposed anti-smoking legislation will also prohibit underage individuals from vaping or purchasing vape products.
Additionally, shisha is another product included in the list that minors are prohibited from purchasing.
Dr Zaliha said any substance or combination of substances for smoking is on the prohibited list. These included substances such as nicotine, propylene, glycol, glycerol and triethylene glycol, which are used in vape.
She noted that the removal of nicotine gel from the Poison’s Act 1954 had created a regulatory gap concerning its use, particularly in vaping.
Dr Zaliha highlighted that the inclusion of a provision to regulate vaping was aimed at addressing this loophole.
Meanwhile, the regulation of smoking devices would fall under the Domestic Trade and Cost of Living Ministry.
The original Bill, named the Control of Tobacco Products and Smoking Bill 2022, was first tabled by former Health minister Khairy Jamaluddin last year.
Subsequently, it was referred to the Parliamentary Special Select Committee (PSSC) for refinement in response to resistance from various lawmakers.
