Key features of KJ's anti-smoking bill

PARLIAMENT | The Tobacco and Smoking Control Bill 2022, which aims to radically curtail the tobacco industry, has been tabled today.

The most drastic law proposed was criminalising the purchase or possession of tobacco and smoking products for those born on Jan 1, 2007, onwards with a fine of up to RM5,000.

Health Minister Khairy Jamaluddin, the minister responsible for this bill, had described it as a "generational end game" for tobacco use in the country.

Other key features of the bill are as follows:

Production, distribution must be licenced

Anyone intending to import, manufacture or distribute tobacco products or substitutes must be registered with the Health Ministry.

Advertising, promotion and sponsorship ban

Any advertisements for tobacco products, smoking substances or substitute tobacco products are banned.

The wording of the law is extremely broad, covering material that is "intended or likely to encourage any person to smoke" or even "substitute tobacco product as a quit smoking product".

Previously, the advertising ban was already in place by means of the Control of Tobacco Product Regulations 2004.

This regulation was issued by the then health minister under the Food Act 1983.

Penalties

All offences not committed by the consumer or building proprietor involved a maximum fine of RM20,000 and a maximum jail term of one year for individuals.

For organisations, the fine is between RM20,000 and RM100,000 and a maximum jail term of five years.

Ministerial control

The minister in charge of the Tobacco and Smoking Control Bill 2022 will have the power to decide on how it is sold, the price and what's on the table.

The minister may also designate non-smoking areas.

In an "acute or critical" situation, the minister may, by way of a gazette, prohibit the import, manufacture, distribution or selling of a tobacco product, smoking substance or substitute tobacco product.

Duty of building proprietor

Building owners or occupiers of designated non-smoking areas must display warning signs of smoking prohibitions and not provide any smoking equipment that could encourage smoking.

Failure can result in a fine of up to RM5,000.

Enforcement powers

Wide-ranging enforcement powers are prescribed, allowing authorised officers to investigate, enter premises, seize transport and take samples without a warrant.

Search and seizures will require a warrant, except under special circumstances.

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