Last updated: March 22, 2024
Penalties
Manufacturer
Manufacturers, importers and distributers who violate packaging and labeling provisions are subject to penalties.
Any person who is not a body corporate is subject to: (i) for the first offence, a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding one year or both; and (ii) for the second or subsequent offence, a fine not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or both.
Any person who is a body corporate is subject to: (i) for the first offence, a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or both; and (ii) for the second or subsequent offence, a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or imprisonment for a term not exceeding three years or both.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to more fully align, the drafters of the law should consider imposing other penalties, such as suspension or cancellation of licenses.
Importer
Manufacturers, importers and distributers who violate packaging and labeling provisions are subject to penalties.
Any person who is not a body corporate is subject to: (i) for the first offence, a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding one year or both; and (ii) for the second or subsequent offence, a fine not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or both.
Any person who is a body corporate is subject to: (i) for the first offence, a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or both; and (ii) for the second or subsequent offence, a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or imprisonment for a term not exceeding three years or both.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to more fully align, the drafters of the law should consider imposing other penalties, such as suspension or cancellation of licenses.
Wholesaler
Manufacturers, importers and distributers who violate packaging and labeling provisions are subject to penalties.
Any person who is not a body corporate is subject to: (i) for the first offence, a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding one year or both; and (ii) for the second or subsequent offence, a fine not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or both.
Any person who is a body corporate is subject to: (i) for the first offence, a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or both; and (ii) for the second or subsequent offence, a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or imprisonment for a term not exceeding three years or both.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to more fully align, the drafters of the law should consider imposing other penalties, such as suspension or cancellation of licenses.
Retailer
Only manufacturers, importers and distributers who violate packaging and labeling provisions are subject to penalties. “Distribute” is not defined in the law. However, because the term “sell” is defined but not used in the packaging and labeling provision, the term “distribute” is interpreted to mean wholesale distribution, not retail distribution. Therefore, retailers are not subject to penalties for carrying products that violate packaging and labeling provisions.
To align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 55, the law should make clear that tobacco product retailers, as well as manufacturers, importers, and wholesalers, bear legal responsibility for compliance with packaging and labeling provisions.
