In forceUpdated to 2 Feb 2024Read it in Bahasa Malaysia

Contents

Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IX · Enforcement

27. Power to take sample

(1)

Upon payment to any person who sells tobacco product, smoking substance or substitute tobacco product or to his agent or servant, of the current market value of the tobacco product, smoking substance or substitute tobacco product, any authorized officer may, at a place where the tobacco product, smoking substance or substitute tobacco product is sold, demand and select and take or obtain samples of the tobacco product, smoking substance or substitute tobacco product for the purpose of analysis.

(2)

An authorized officer may, at a place where the authorized officer reasonably believes is used or may be used for the purpose of manufacturing, packaging, storage, delivery, distribution or sale of the tobacco product, smoking substance or substitute tobacco product, demand and select and take or obtain samples of the tobacco product, smoking substance or substitute tobacco product for the purpose of analysis without payment from any importer, manufacturer or distributor or from his agent or servant.

(3)

Any person who refuses or neglects to comply with any demand made under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Terms defined in s 2

authorized officer
Defined · s 2
“authorized officer” means any medical officer of health, or any environmental health officer or assistant environmental health officer of the Ministry of Health or of any local authority, or any suitably qualified person, appointed by the Minister to be an authorized officer under section 24;
Open s 2
importer
Defined · s 2
“importer” includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of, or is otherwise entitled to the custody or control, of a tobacco product, smoking substance or substitute tobacco product which is imported;
Open s 2
manufacturer
Defined · s 2
“manufacturer” includes any person who packs or labels a tobacco product, smoking substance or substitute tobacco product;
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
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 28

Part X

Trials and Proceedings

Read on from Part X

Part XI

General

Read on from Part XI

Part XII

Transitional

Read on from Part XII