In forceUpdated to 2 Feb 2024Read it in Bahasa Malaysia

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Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part XII · Transitional

54. Transitional

(1)

Any person who imports, manufactures or distributes the tobacco product, smoking substance or substitute tobacco product before the coming into operation of subsections 3(1) and 14(1)

of this Act shall, within six months from the date of the coming into operation of this Act, apply to the Director General to be registered under subsection 3(1) of this Act.

(2)

If the Director General rejects the application for registration made under subsection 3(1), the importer, manufacturer or distributor of the tobacco product, smoking substance or substitute tobacco product shall, at its own expense, recall and stop the sale of the tobacco product, smoking substance or substitute tobacco product.

KUALA LUMPUR

WJW24/0100 02-02-2024

Terms defined in s 2

Director General
Defined · s 2
“Director General” means the Director General of Health, Malaysia;
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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;
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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;
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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;
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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;
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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

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