KUALA LUMPUR, July 27 — The Control of Tobacco Product and Smoking Bill 2022 which provides for, among others, the prohibition of smoking, buying or possessing tobacco products or smoking devices by individuals, born in 2007 onwards, was tabled for its first reading in the Dewan Rakyat today.
According to Section 17 of the proposed act, no person who was born on Jan 1, 2007 onwards shall smoke any tobacco product or substitute tobacco product; use any smoking device; or possess any tobacco product, smoking substance, substitute tobacco product or smoking device.
“Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding RM5,000,” it reads.
Individuals born on Jan 1, 2007 onwards who purchase tobacco products, smoking substance and substitute tobacco products or smoking devices may face a fine not exceeding RM5,000, if convicted.
The bill also proposes a ban on the sale of tobacco products, smoking substance or artificial substitute tobacco products to individuals born on Jan 1, 2007 and onwards as well as prohibiting the products from being given as a gift or prize.
Those found guilty of selling any tobacco product, smoking substance, substitute tobacco product or smoking device to individuals who were born before Jan 1, 2007 and are yet to reach 18 years old on the date the act comes into force, are liable to a fine not exceeding RM10,000 or imprisonment for a term not exceeding two years or both, upon conviction.
Any person who was born before Jan 1, 2007 and has not reached 18 years old years old on the date the act is enforced, is not allowed to purchase tobacco products, smoking substance, substitute tobacco products or smoking devices.
Those found guilty of committing the offence shall, upon conviction, be liable to a fine not exceeding RM1,000.
On the control of the sale of the product, the bill provides for a fine of not more than RM20,000 or imprisonment not more than a year or both against individuals who sell or display tobacco products, smoking substance, substitute tobacco products or smoking devices to those born on Jan 1, 2007 onwards.
Individuals found to have committed a second and subsequent offence of selling and displaying tobacco products to individuals born on Jan 1, 2007 onwards may face a maximum fine of RM30,000 or a jail term of not more than two years or both.
For corporate bodies that commit the offence for the first time, they can be fined not less than RM20,000 and not more than RM100,000 or imprisoned for not more than two years or both.
For the second and subsequent offences, they can be fined not less than RM50,000 and not more than RM300,000 or imprisoned for not more than two years or both.
For enforcement purposes, authorised officers are allowed to open any baggage, package, or any other container and examine tobacco products, smoking substance, substitute tobacco products, smoking devices or their imitations contain therein.
According to the bill, an authorised officer may search and seize without a warrant if he has reasonable grounds to believe that a delay in obtaining a search warrant will adversely affect the investigation.
The bill was tabled by Health Minister Khairy Jamaluddin who said that the second reading will be done in this current meeting.
Also tabled for first reading in the Dewan Rakyat today was Food (Amendment) Bill 2022.
