KUALA LUMPUR: The declassification of liquid nicotine from the Poisons Act 1952 allows a proper tax framework to be put in place, along with a more comprehensive law against smoking.
Health Minister Dr Zaliha Mustafa said the move was made for the purpose of implementing the government's plans to tax vape liquids from April 1, 2023.
"Due process has to be taken (to impose tax on liquid nicotine), but that doesn't mean we agree with it.
"I would like to emphasise here, while liquid nicotine has been removed from the act and its import is now enforced under the Excise Act, the substance in other forms still remains in the Poisons Act," she said in her speech during a special chamber session which ran parallel with the Dewan Rakyat sitting.
Dr Zaliha said the Control of Smoking Product for Public Health Bill, also known as the generational endgame (GEG) bill, which was tabled for first reading in the Dewan Rakyat earlier, also covered the use of e-cigarettes and vape.
She said there was a need for a more comprehensive law to cover not only conventional tobacco products, but also its substitutes, in addition to enhanced control and tax structure.
"All quarters play a role in protecting the children against the risks of smoking including e-cigarette which could lead to vaping-associated lung injury (EVALI).
"Five of the seven EVALI cases reported in the country this year were children," she said in response to a motion on liquid nicotine tabled by Datuk Dr Zulkafperi Hanapi (PN-Tanjong Karang).
Earlier, Dr Zulkafperi, along with several members of parliament, urged the government to review its decision to declassify liquid nicotine from control under the Poisons Act.
"Why was it (exemption) done before the (GEG) bill was approved? We could have been more patient and only exempt liquid nicotine from the Poisons Act after the proposed law is passed.
"Instead of exempting liquid nicotine, wouldn't it better to exclude cannabidiol, a component of medical marijuana from the act?"
On April 1, the Health Ministry published a gazette notice stating that nicotine liquids and gels used in e-cigarettes and vape products were granted exemption from poisons control.
According to Federal Government Gazette Excise Duties (Amendment) Order 2023, an excise tax at the rate of RM0.40 per ml would be imposed on e-cigarette liquids or gels containing nicotine.
The Poisons Act 1952 regulates the importation, possession, manufacture, compounding, storage, transport, sale and use of poisons.