Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IV · Control of Sale
13. Prohibition of sale of tobacco product, etc., to minor
Feedback & supportNo person shall sell any tobacco product, smoking substance or substitute tobacco product, or provide any services for smoking, to a minor.
sell
“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;
Any person who contravenes subsection (1) commits an offence and shall, on conviction—
where the person is not a body corporate—
for the first 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
for the second or subsequent offence, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both; and
where the person is a body corporate—
for the first offence, be liable to a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both;
and
for the second or subsequent offence, be liable to a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
No person who is a minor shall purchase any tobacco product, smoking substance or substitute tobacco product.
Any person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit or be ordered to perform community service pursuant to the Criminal Procedure Code [Act 593] or the
Child Act 2001 [Act 611].
Control of Smoking Products For Public Health 21
smoking
“smoking” means inhaling and expelling the smoke or vapour, of any tobacco product or substitute tobacco product, and includes the holding of or control over any tobacco product or substitute tobacco product which is ignited, heated or vaporized or used in any other methods;