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Control of Tobacco Product and Smoking Bill 2022 tabled for second reading in Parliament

KUALA LUMPUR: The Control of Tobacco Product and Smoking Bill 2022, also known as the tobacco generational endgame (GEG) law, was tabled for second reading at the Dewan Rakyat today.

Health Minister Khairy Jamaluddin said it covered prohibition of smoking on the target group of the GEG, classified as individuals born in 2007 and onwards, and was aimed at protecting their health and lives.

If approved, the law would come into force in 2025, ensuring ample time for a smooth transition in regulating tobacco products, smoking substances, substitute tobacco products or smoking devices.

This, he said, included advocacy programmes for the GEG group and engagement sessions with stakeholders.

"We do not bother smokers aged 18 and above as they can smoke until (the day) they die. This (law) is meant for the next generation as we want to put an end to the vicious cycle of smoking," he said in his speech during the debate session.

He said the bill was aimed at regulating control of tobacco products and their substitutes; reduce smokers among Malaysians to less than five per cent by 2040, prevent children and teenagers from falling into the smoking habit, as well as to protect the non-smokers.

Khairy said the World Health Organisation (WHO) in its 2019 tobacco fact sheet reported eight million deaths caused by smoking, while Malaysia reported over 27,000 related deaths every year.

He said the use of e-cigarette and vape had seen an increase, especially among children and teenagers, since it was introduced here a few years ago.

Khairy said the use of nicotine in e-cigarettes and vape products was regulated under the Poisons Act or Act 366, but it only controlled the sale of e-cigarette liquid containing nicotine, but did not cover promotional activities, advertisements and sponsorships.

"The new law will allow the vape liquids to be regulated and checked in laboratories.

"Hence, it is important that the Control of Tobacco Product and Smoking Bill 2022 is approved to ensure holistic control of e-cigarette and vape in the market.

Addressing queries on the right of smoking, he said it could not be considered as part of human rights as health and lives were accorded top priority.

Khairy said several amendments were made to the Bill following his meetings with representatives from the Parliamentary Select Committees (PSCs) on Women, Children and Social Development; and Health, Science and Innovation.

The amendments, which he said he would table at the committee-level, covered the standard maximum fine for GEG in the act to be reduced from RM5,000 to RM500 and community service added as an option in lieu of a fine, as mandated by the court.

"Offenders are categorised as individuals and corporate bodies, with higher penalties for the latter due to bigger accountability. Meanwhile, GEG offenders will first be offered compounds."

Punishment provisions for possession for all GEG-related offences were omitted, he said. Under the Bill, no body search would be allowed on individuals under 18, he said.

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