5.1. Introduction
In Malaysia enforcement and low on cigarette are below Ministry of Health Malaysia. Like those we already know cigarettes are below The Food Act 1983, Control of Tobacco Product Regulations 2008, (amendment) 2008 [P.U.(A)315/2008]. http://www.moh.gov.my/ Started from January year 2009, cigarette sold in Malaysia compulsory placed warning pictures said Health Minister, Datuk Liow Tiong Lai. In fact every cigarette pack also need placed the information cigarette content, sale ban to underage buyer, supplier name and address or importer, date produced and number of cigarettes in every box.
5.2. Enforcement and Low in Malaysia
Refer to The Food Act 1983, Control of Tobacco Product Regulations 2008, (amendment) 2008 [P.U.(A)315/2008] are included in part IV regulation 11 and 12 namely prohibition of smoking. The things that contained in that Food Act 1983 were as follows:
Prohibition On Smoking
11. Places where smoking is prohibited
12. Duty of proprietor, etc., of the premises or vehicle
12. Duty of proprietor, etc., of the premises or vehicle
Part IV
Prohibition On Smoking
11. Places where smoking is prohibited
(1) No person shall smoke
(a) in any entertainment centre or theatre, except any pub, discotheque, night club
or casino, at any time when such place is open to the public;
(b) in any hospital or clinic;
(c) in any public lift or toilet;
(d) in any air-conditioned eating place or shop;
(e) in any public vehicle or public transport terminal;
(f) in any building specified by the Minister by notification in the Gazette under regulation 22;
(g) in any airport;
(h) in any government premise;
(i) in any area which is used for any assembly activity in a building other than private or residential building;
(j) in any area in an educational institution or a higher educational institution;
(k) in any area in a nursery;
(l) in any school bus;
(m) in any floor with a service counter in the building specified in the Second Schedule;
(n) in any area in a shopping complex;
(o) in any area in a petrol station;
(p) in any area in a stadium, sports complex, fitness centre or gymnasium;
(q) in any building or public place which is used for religious purposes;
(r) in any area in a library; or
(s) in any area in an internet café.
(a) in any entertainment centre or theatre, except any pub, discotheque, night club
or casino, at any time when such place is open to the public;
(b) in any hospital or clinic;
(c) in any public lift or toilet;
(d) in any air-conditioned eating place or shop;
(e) in any public vehicle or public transport terminal;
(f) in any building specified by the Minister by notification in the Gazette under regulation 22;
(g) in any airport;
(h) in any government premise;
(i) in any area which is used for any assembly activity in a building other than private or residential building;
(j) in any area in an educational institution or a higher educational institution;
(k) in any area in a nursery;
(l) in any school bus;
(m) in any floor with a service counter in the building specified in the Second Schedule;
(n) in any area in a shopping complex;
(o) in any area in a petrol station;
(p) in any area in a stadium, sports complex, fitness centre or gymnasium;
(q) in any building or public place which is used for religious purposes;
(r) in any area in a library; or
(s) in any area in an internet café.
(2) Notwithstanding subregulation (1), the Minister may, upon application, approve
any area either permanently or for such period as he may determine as smoking
area.
(3) Any person who contravenes subregulation (1) commits an offence and shall on
conviction be liable to a fine not exceeding ten thousand ringgit or to
conviction be liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding two years.
12. Duty of proprietor, etc., of the premises or vehicle
(1) The proprietor or occupier of a premise or the proprietor of a vehicle referred to
in regulation 11 shall at all times:
(a) display a sign as specified in the Third Schedule with regards to the prohibition of smoking at any conspicuous part of the premise or vehicle; and
(b) ensure that no person smokes in the premise or vehicle.
(2) Any person who contravenes paragraph (1)(a) commits an offence and shall on
conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding six months.
(3) Any person who contravenes paragraph (1)(b) commits an offence and shall on
conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment
for a term not exceeding one year.
(4) Where an offence under paragraph (1)(b) is committed by the proprietor or the
occupier of the premise, or the proprietor of the vehicle, it shall be a defence for
the person charged to prove that he had taken all reasonable steps to ensure
that no person smokes in the premise or vehicle.
Reference: The Food Act 1983 Control of Tobacco Product Regulations 2008, (amendment) 2008 [P.U.(A)315/2008].
Besides that, Jabatan Perkhidmatan Awam Malaysia (JPA) had already issued press release on ban smoking in dated government premises 5 June 2009 by Unit Komunikasi Korporat (JPA). In that press release ban smoking are referring to The Food Act 1983, Control of Tobacco Product Regulations 2008, (amendment) 2008 [P.U.(A)315/2008]. Where aimed reduce habit smoking among civil servants. Anyone was found guilty because violate this rule actionable law such as fined up RM10,000 or jailed until two years.
12. Duty of proprietor, etc., of the premises or vehicle
(1) The proprietor or occupier of a premise or the proprietor of a vehicle referred to
in regulation 11 shall at all times:
(a) display a sign as specified in the Third Schedule with regards to the prohibition of smoking at any conspicuous part of the premise or vehicle; and
(b) ensure that no person smokes in the premise or vehicle.
(2) Any person who contravenes paragraph (1)(a) commits an offence and shall on
conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding six months.
(3) Any person who contravenes paragraph (1)(b) commits an offence and shall on
conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment
for a term not exceeding one year.
(4) Where an offence under paragraph (1)(b) is committed by the proprietor or the
occupier of the premise, or the proprietor of the vehicle, it shall be a defence for
the person charged to prove that he had taken all reasonable steps to ensure
that no person smokes in the premise or vehicle.
Reference: The Food Act 1983 Control of Tobacco Product Regulations 2008, (amendment) 2008 [P.U.(A)315/2008].
Besides that, Jabatan Perkhidmatan Awam Malaysia (JPA) had already issued press release on ban smoking in dated government premises 5 June 2009 by Unit Komunikasi Korporat (JPA). In that press release ban smoking are referring to The Food Act 1983, Control of Tobacco Product Regulations 2008, (amendment) 2008 [P.U.(A)315/2008]. Where aimed reduce habit smoking among civil servants. Anyone was found guilty because violate this rule actionable law such as fined up RM10,000 or jailed until two years.
I thihk this is a good information to share with.
ReplyDeleteI think this is a good information. But law of cigarette in Malaysia still weak because many people smoking especially in restricted area. The enforcer must act strictly.
ReplyDeleteThis Law of smoking should be aired on the massmedia such as tv, radio and displayed on newspaper. It can be as a reminder to smokers not to break the law.
ReplyDeleteI agree with Comment from Fairuz Sulaiman saying that law of cigarette in our country is weak..Although our goverment advertise pictures about the dangerous of smoking, but still the numbers of smokers increasing nyear to year.. So the low must be strict to avoid the smokers very year..
ReplyDelete