Control of Smoking Products for Public Health Act 2024 Part V — CONTROL OF PRICE, PACKAGING, LABELLING, MANUFACTURING, ETC

s 14–s 15 · 2 sections

Retail price or minimum selling price

s 14

(1) The retail price or minimum selling price of any tobacco product, smoking substance or substitute tobacco product shall be in accordance with the price and conditions as prescribed. (2) Any application by any manufacturer or importer to determine the retail price or minimum selling price of any tobacco product, smoking substance or substitute tobacco product shall be made to the Director General in the manner as prescribed. (3) The price prescribed under subsection (1) shall include any excise duty or other related tax. (4) No person shall sell any tobacco product, smoking substance or substitute tobacco product not in accordance with the price and conditions prescribed under subsection (1). (5) Any person who contravenes this section commits an offence and shall, on conviction— (a) where the person is not a body corporate— (i) for the first offence, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (b) where the person is a body corporate— (i) for the first offence, be liable to a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Packaging and labelling

s 15

(1) No person shall manufacture, import or distribute any tobacco product, smoking substance or substitute tobacco product unless the tobacco product, smoking substance or substitute tobacco product is packaged and labelled in accordance with the requirement as prescribed. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction— (a) where the person is not a body corporate— (i) for the first offence, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (b) where the person is a body corporate— (i) for the first offence, be liable to a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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