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Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IV · Control of Sale

11. Prohibition of sale of imitation of tobacco product, etc.

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(1)

No person shall sell any imitation of tobacco product, smoking substance or substitute tobacco product.

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction—

(a)

where the person is not a body corporate—

(i)

for the first offence, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(ii)

for the second or subsequent offence, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(b)

where the person is a body corporate—

(i)

for the first offence, be liable to a fine not less than ten thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(ii)

for the second or subsequent offence, be liable to a fine not less than thirty thousand ringgit and not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Terms defined in s 2

body corporate
Defined · s 2
“body corporate” means a company, limited liability partnership, firm or other body of persons;
Open s 2
sale
Defined · s 2
“sell” or “sale” includes— (a) barter or exchanging of goods; (b) offering or attempting to sell; (c) causing or allowing to be sold; (d) exposing for sale; (e) receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange; Control of Smoking Products For Public Health 9 (f) supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale; (g) having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or (h) having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale;
Open s 2
sell
Defined · s 2
“sell” or “sale” includes— (a) barter or exchanging of goods; (b) offering or attempting to sell; (c) causing or allowing to be sold; (d) exposing for sale; (e) receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange; Control of Smoking Products For Public Health 9 (f) supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale; (g) having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or (h) having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale;
Open s 2
smoking substance
Defined · s 2
“smoking substance” means any substance or any combination of substances, used for smoking, including nicotine, propylene glycol, glycerol and triethylene glycol;
Open s 2
substitute tobacco product
Defined · s 2
“substitute tobacco product” means any product or processed product, other than a tobacco product, that is capable of being smoked, whether with or without smoking substance;
Open s 2
tobacco product
Defined · s 2
“tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption;
Open s 2

Report

Read on from s 12

Part V

Read on from Part V

Part VI

Prohibition of Smoking

Read on from Part VI

Part VII

Liability of Manufacturer, Importer or Distributor

Read on from Part VII

Part VIII

Administration

Read on from Part VIII

Part IX

Enforcement

Read on from Part IX

Part X

Trials and Proceedings

Read on from Part X

Part XI

General

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Part XII

Transitional

Read on from Part XII