KUALA LUMPUR: A longer time frame should be considered by the government before implementing rules that require electronic cigarettes or vape devices to be Sirim-certified.
The Malaysian Vape Industry Advocacy (MVIA) said given the lengthy time needed to complete the certification process for vape devices, the players need more time to comply with the ruling.
Its president Rizani Zakaria said while MVIA believed that the gazette was a move in the right direction, the four-month long window for the industry players to comply was "insufficient" and would impact the trade.
"(The gazette) would protect the safety of users when it comes to using vape devices. It is also in line with practices in other countries to ensure products are regulated.
"Based on the gazetted law, all devices in the industry are required to comply by Aug 3, 2022. That is four months from now; and vape devices are required to be certified and labelled with the Sirim mark by then.
"The industry's main concern at the moment is that the timeframe is insufficient for industry players to comply, given that the time needed to process certification for vape devices," he told the New Straits Times.
He said the process for one product to undergo testing and product certification would typically take between three to four months without disruption.
In addition, Rizani said the production timeline would also need to include the mandatory labelling, which could only be done after it successfully completes testing to be certified.
"All these take time. Today in the market, there are hundreds of vape devices and spare parts that would need to fulfill this requirement by that deadline.
"This is also going to be compounded by the fact that everyone will be rushing to Sirim to conduct testing and product certification, resulting in long queues and delays."
On Tuesday, the Domestic Trade and Consumer Affairs Ministry in a statement said local manufacturers and importers of electronic cigarettes or vape devices must apply for MS Sirim certification and labelling from Sirim QAS International Sdn Bhd.
This was after a federal move to gazette the Trade Descriptions (Certification and Marking) of Electronic Cigarette Devices Order 2022 under the Trade Descriptions Act 2011.
The order, which would take effect on Aug 3 this year, was to ensure that vape products were safe for use.
Companies that fail to comply with the new law could be fined up to RM200,000, while second or repeat offenders could be fined up to RM500,000.
Individuals, if convicted, could also be subjected to a fine up to RM100,000 or imprisonment up to three years or both. Second or repeat individuals guilty for the offence could be fined up to RM250,000, imprisonment of not more than five years, or both.
Rizani said penalising those who did not comply with the ruling was the right approach, as failure to comply with standards would jeopardise the safety of vape users in the country.
"However, it is not for the government to punish industry players if we are only given such a short timeframe to comply.
"We sincerely urge the government to reconsider this as it would mean many industry players are going to be affected by the ruling," he added.
He also said since vape standards had already been adopted and gazetted back in 2018, vape devices had also changed and significantly improved, thanks to the technology and innovation within the industry.
"Given this landscape, we believe the authorities need to review and refresh the standards quickly.
"This is to ensure that standards that are adopted in Malaysia would be in line with international practices and standards."