No GEG but hefty fines and punishments

Despite the lack of Generational End Game provisions, the Control of Smoking Products for Public Health Bill 2023 that would be tabled for second reading today provides for hefty fines and punishments.

The fines and imprisonment term differs for individuals and companies.

The punishment for individuals ranges from a fine of RM30,000 and two years imprisonment for individuals and RM300,000 and three years incarceration for body corporates.

First-time individual offenders will be liable to a fine of no more than RM20,000, imprisonment of up to a year, or both. Subsequent offences carry a punishment of no more than RM30,000 in fines, or jail time of two years at most, or both.

First-time offending companies may be charged with a fine set between RM20,000 and RM100,000, imprisonment of up to two years, or both. Repeated offences result in fines between RM50,000 and RM300,000, or jail time of no more than three years, or both.

Even though vape and e-cigarettes are not mentioned outright, it is still part of “tobacco products, smoking substances, or substitute tobacco products”.

All parties who deal with manufacturing and distributing smoking are required to register with the Health Department’s director general.

Only sale and display of tobacco products that meets the prescribed requirements are allowed. Sponsorship and advertising of products are prohibited.

Tobacco products cannot be given as gifts or prizes.

Minimum pricing and retail pricing would be determined by the health director general.

There are specific requirements for packaging and labelling.

Sales to and tobacco product use by minors are prohibited. The same goes for imitations.

Premise owners of no smoking areas can be fined RM5,000 if there is a breach.