Will diners be fined too if patrons smoke? Health Ministry says owners should do their best to deter offenders

KUALA LUMPUR, Oct 21 — Restaurant owners are advised to take the necessary measures to prevent patrons from smoking at their premises to avoid fines, said Deputy Health Director-General (Public Health) Datuk Dr Norhayati Rusli.

Citing the Control of Smoking Products for Public Health Act (Act 852), which came into effect on October 1, Dr Norhayati said smoking at dining establishments is an offense and will be punishable under Section 16 of the legislation.

“Under Section 18, the proprietor or occupier of the building must ensure that clear signage indicating the prohibition of smoking is placed prominently and that no ashtrays or smoking-related facilities are provided in these areas,” she said.

According to Dr Norhayati, the proprietor or occupier must take reasonable steps such as reminding the patron not to smoke.

“If customers are found smoking in restaurants, the owners can advise them to stop. But if the customers remain uncooperative despite the owners taking all necessary actions, the owners should no longer be held responsible,” she told Malay Mail.

Dr Norhayati was asked to comment on a recent report quoting the Malaysian Muslim Restaurant Owners Association present Datuk Jawahar Ali Taib Khan, who raised concern about potential fines imposed on eateries should any establishments fail to prevent people from smoking on their premises.

To avoid potential fines, premise owners or occupiers may also complain to the Health Ministry’s hotline through WhatsApp at 010-8608949 should any patron violate the smoking control law.

The Act involves various aspects of smoking products including, sales and promotion, packaging and labelling as well as point-of-sale display.

While the prohibition on smoking and vaping in certain areas is in force now, other aspects of the law will be enforced in phases over the next six to 12 months.

This comes as Malaysia Singapore Coffee Shop Proprietors’ General Association complained over what it called sudden implementation of the Act, which it said would be a heavy burden on thousands of coffee shop operators nationwide.

The Federation of Sundry Goods Merchants Associations of Malaysia also raised concerns over the recently gazetted ban against the display of tobacco and vape products in its stores.

The group said the display ban, set to take effect by April 1 next year, was introduced hastily and with no financial assistance from the government despite potentially costing RM300 million for a nationwide implementation.

In response, Health Minister Datuk Seri Dzulkefly Ahmad said compliance with the tobacco display ban can be achieved by simply adding a screen to existing display cabinets — with just a few hundred ringgit spent on the screen addition, without needing to build new compartments.