KUALA LUMPUR: Stronger laws will now govern the vape industry and vape users.
This came after the Dewan Rakyat passed the Control of Smoking Products and Public Health 2023 Bill via a voice vote yesterday.
The bill, which was revised three times and its tabling delayed for a year, will now give more teeth to the authorities to enforce anti-smoking and anti-vaping laws, especially against minors.
Under the bill, vaping products will now fall under the definition of "smoking substance" and its regulation would be placed under the Disease Control Division of state Health Departments.
A "smoking substance" means any substance or a combination of substances used for smoking, including nicotine, propylene glycol, glycerol and triethylene glycol.
These contents are typically found in e-cigarettes and substitute tobacco products, including vape products.
The New Straits Times has learnt that with the passing of the bill in Parliament yesterday, all distributors who want to sell smoking products, including vape items, would need to register themselves with the Health director-general.
Subsequently, these distributor would also need to provide a laboratory confirmation on the list of contents of all of their vape and smoking substance products.
Should there be any indication of any prohibited substance, the Health Ministry would ban the product from being placed in the market.
The Control of Smoking Products and Public Health Bill 2023 also stipulated that no person shall publish or facilitate any person to publish advertisements that contain any smoking product, including vaping products or any brand name or trademark relating to the products.
This also includes advertisements that contain any offer or invitation to purchase such products.
It is also prohibited to publish anything intended or likely to encourage any person to smoke; promote any tobacco product, smoking substance or substitute tobacco product as a quit-smoking product; or, promote any goods used in association with any tobacco product, smoking substance or substitute tobacco product.
Anyone who fails to comply may face a fine not exceeding RM20,000 or imprisonment for a term not exceeding one year or both for the first offence; and, a fine not exceeding RM30,000 or imprisonment for a term not exceeding two years or both for the second and subsequent offences.
A business entity, on the other hand, could be fined not less than RM20,000 and not exceeding RM100,000 or have its owner face imprisonment for a term not exceeding two years or both for the first offence.
For the second or subsequent offence, the business entity could be liable to a fine of not less than RM50,000 and not exceeding RM300,000 or imprisonment for a term not exceeding three years or both.
It is also stipulated that underage teenagers could not buy, smoke or chew any tobacco or vape product.
Minors who buy such products may be fined not more than RM500 or ordered to do community service pursuant to the Criminal Procedure Code or the Child Act 2001.
Those who sell these products or provide services for smoking to minors can be fined up to RM20,00 or jailed up to a year or both.
The Control of Smoking Products for Public Health Bill was first proposed last year.
The bill was tabled for the third and final reading yesterday by Health Minister Dr Zaliha Mustafa.
Dr Zaliha, in expressing her hope for lawmakers to approve the bill in Parliament, said any shortcoming in the bill could be improved over time.
"I would like to emphasise that the bill must be approved today and I hope that we (members of parliament) can welcome it graciously.
"There is also time for us to improve the bill if we see any (loopholes) from a regulatory perspective."