Section 21
of Control of Smoking Products for Public Health Act 2024
Section 21
The Minister may, upon the advice of the Director General that there is acute or critical situation relating to the use or consumption of any tobacco product, smoking substance or substitute tobacco product that may seriously endangers lives, health or safety of any population in any part of the country, establish a committee, as soon as reasonably practicable, to coordinate and advise him on the matter.
(2)
If the Minister is satisfied that there is an acute or critical situation that seriously endangers lives, health or safety of population, the Minister may, on the recommendation of the committee established under subsection (1), by order published in the Gazette, prohibit or restrict, subject to any conditions he deems fit, the importation, manufacturing, distribution or selling of the tobacco product, smoking substance or substitute tobacco product.
(3)
Any person who contravenes subsection (2) 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 twenty 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 thirty thousand ringgit or to imprisonment for a term not exceeding two years 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 twenty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both;
and
Act 852
(ii)
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.