The Control of Smoking Products for Public Health Bill 2023, a revision to the previous anti-tobacco law, was presented for first reading in the Dewan Rakyat today by Health Minister Dr. Zaliha Musafa.
The Generational End Game (GEG) policy, which would have made it illegal for anyone born on January 1, 2007, to purchase or use any kind of smoking product, including electronic cigarettes or vaping, has been removed from the bill.
“Tomorrow is the scheduled day for the second reading of the Bill,” she stated.
She had previously withdrawn the Public Health Control of Smoking Products Bill 2023 in order to make room for the updated anti-smoking legislation.
The original version of the anti-smoking bill, known as the Control of Tobacco Product and Smoking Bill 2022, was introduced by former health minister Khairy Jamaluddin in July 2022, and included the GEG element. The bill was tabled for its first reading in June.
Clause 13 of the amended Bill aims to forbid the selling of tobacco products, substances for smoking, or substitute tobacco products to minors. Additionally, buying tobacco products, smoking materials, or substitute tobacco products is forbidden for minors under this clause. Anyone who violates this clause is guilty of an offense.
If the offence is committed again, the offender faces a maximum fine of RM30,000, a maximum sentence of two years in prison, or both.
A minor is not allowed to smoke, chew, or use any tobacco product, including substitute tobacco products, according to Clause 17. In accordance with the Criminal Procedure Code or the Child Act of 2001, any minor who disobeys will either be fined no more than RM500 or be required to perform community service.
On May 22, during the ongoing second meeting of the second session of the 15th Parliament, the Ministry of Health announced that it was prepared to re-table the Bill, which included the generational endgame (GEG) policy.
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The amended bill was then introduced in June, but it was returned to the Parliamentary Special Select Committee (PSSC) for additional review, so there was no second reading.
The Bill was then scheduled to be tabled for a second reading on October 10, but this was also postponed to allow for Parliamentary government business.
On November 16, Khairy asserted that “the gaffer” and two members of the Cabinet were preventing the Bill from being tabulated.
He named the ministers as Datuk Seri Azalina Othman Said, Minister of Law and Institutional Reform, and Datuk Seri Tiong King Sing, Minister of Tourism.
The colloquial British term “gaffer” refers to someone who is in charge of others.
The original Bill called for two years of “educational enforcement” on the GG following the Act’s implementation, as well as higher fines for suppliers and lower fines for buyers or consumers in the GEG group.
The 2023 version of the Bill includes changes recommended by the PSSC the previous year, such as a provision for community service to educate and raise awareness and a decrease in the maximum fine for GEG offenders from RM5,000 to RM500.
