KUALA LUMPUR, July 27 — The Tobacco and Smoking Control Bill 2022, put forward by Health Minister Khairy Jamaluddin, was tabled in Parliament today.
The Bill aims to prohibit those born after January 1, 2007 from purchasing or possessing cigarettes or vape products, with a fine not exceeding RM5,000 given to those who are caught buying, smoking, or possessing smoking-related products.
The ban was initially slated to affect those born post-2005, but according to a report by medical website CodeBlue, Khairy made concessions to postpone the implementation of his proposed generational smoking ban to 2025 amid uncertain support from MPs.
The Bill also stipulates that no one will be allowed to sell cigarettes or vape products or provide smoking services to those born after 2007. Anyone found doing so is liable to a fine not exceeding RM20,000 or no more than a year in jail, or both, for their first offence.
For second offenders, they would be liable to a fine no more than RM30,000 or jail time for up to two years, or both.
For corporate bodies, should they get caught selling or providing smoking services to those born after 2007, they can be fined for no less than RM20,000 but no more than RM100,000, or imprisonment for up to two years, or both, for their first offense.
Second offenders can be fined not less than RM50,000 but no more than RM300,000, or spend up to three years in jail, or both.
The Bill also shows that the Health director-general (DG) has full power in the approval and cancellation of tobacco or substitute tobacco products, as should the Bill go through, distributors of these products must apply to be registered under this Act through the DG’s office.
Should someone be caught importing, manufacturing or distributing tobacco, for persons, they can be fined RM20,000, or one year jail, or both for first offence, while for corporate bodies, a fine not less than RM20,000 but not exceeding RM100,000, or two years jail, or both, for first offence.
The DG will also have the right to cancel any approval of registration made for tobacco or substitute tobacco products should the applicant break any provisions of the Act, breach any conditions of the registration or has been convicted of any offence under this Act.
He however must notify the applicant in writing before cancelling any approved products to provide an opportunity for the applicant to defend himself or itself against the cancellation.
The Act also states that the health minister can gazette any area, building or vehicle that the public has access to as a non-smoking area, officially making it criminal to smoke in said place.
Those caught smoking in those areas would be liable to a fine not exceeding RM5,000.
Owners, proprietors, or occupiers of these places must then display warning signs of prohibition of smoking, not provide any smoking equipment and take all reasonable measures to prevent people from smoking, or they themselves can be made liable to a RM5,000 fine.
Another important aspect of the Bill is that it provides power for the health minister to establish a committee, upon the advice of the DG, should an acute or critical situation that is related to the use or consumption of any tobacco products that may endanger lives present itself.
Should he find a legitimate danger, the health minister then can prohibit the importation, manufacturing, distribution or selling of the said tobacco product.
Khairy has been pushing for the Tobacco and Smoking Control Bill in line with efforts to make Malaysia a tobacco-free country by 2040.
He said cigarette smoking would cost the government RM8 billion to treat lung cancer, heart problems and chronic obstructive pulmonary disease by 2030.
However, the Bill has been met with resistance from several MPs, who raised several concerns such as the illicit market and enforcement.
Recently, a group of 43 non-profit organisations (NGOs) urged MPs to pass the Tobacco and Smoking Control Bill to safeguard the health of future generations of Malaysians.
