Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IX · Enforcement
35. Seizure of things, etc.
Feedback & supportAny tobacco product, smoking substance or substitute tobacco product or imitation of tobacco product, smoking substance or substitute tobacco product, conveyance, machinery, equipment, book, record, document, article or other thing that an authorized officer reasonably suspects has been used or will be used in the commission of any offence under this Act may be seized and detained by the authorized officer.
tobacco product
“tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption;
When no person is charged for any offence, the thing seized shall, unless it is claimed by the owner or the person from whom it was seized within a period of thirty days of the seizure, be disposed of at the discretion of the Director General or authorized officer but if within the period a claim is made by the owner or any person from whom the thing was seized, it shall be returned to him.
Director General
“Director General” means the Director General of Health, Malaysia;
Where anything seized in exercise of the powers conferred under this Act is of a perishable nature or is subject to speedy and natural decay, the Director General may direct the thing to be sold or destroyed at any time, and the proceeds of the sale held by the authorised officer to abide by the result of any prosecution under this Act or claim under this section.
sale
“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;