On August 17, Free Malaysia Today reported that Malaysian Health Minister Dzulkefly Ahmad announced the imminent implementation of the Public Health Tobacco Control Products Act 2024 (Act 852), with the law expected to come into force in October 2024. This legislation represents a significant step in Malaysia’s ongoing efforts to strengthen tobacco control and regulate smoking-related products, including e-cigarettes.
Final Preparations for Implementation
Health Minister Dzulkefly Ahmad confirmed that all necessary regulations and orders under Act 852 have received approval from the Attorney General’s Chambers (AGC) and are now in the final stage before implementation. In an interview with Berita Harian, Dzulkefly emphasized that the government plans to implement four specific regulations and one order in October, marking the culmination of extensive review and discussion to ensure the effectiveness and practicality of these measures.
Key Provisions of Act 852
Act 852, which received royal assent on January 24, 2024, and was officially published on February 2, 2024, introduces several critical provisions aimed at curbing tobacco use, particularly among minors:
- Ban on Sales to Minors: The Act prohibits the sale and purchase of tobacco products, smoking materials, and their alternatives, such as e-cigarettes, to minors.
- Prohibition on Providing Smoking-Related Services to Minors: Any services related to smoking products, including sales and distribution, are strictly prohibited for individuals under the legal age.
- Regulations on Packaging and Flavors: The Act includes detailed standards for product packaging, flavors, and other aspects, especially concerning e-cigarette products, to ensure they comply with public health goals.
Impact on the Tobacco Industry
Retailer Registration and Compliance
The Ministry of Health has been proactive in preparing for the full implementation of Act 852. Between January 1, 2023, and July 15, 2024, a total of 38,067 operators in Peninsular Malaysia registered to apply for licenses to sell tobacco or tobacco-related products. Of these, 29,098 operators have already received approval from the National Kenaf and Tobacco Board (LKTN). However, an estimated 17,488 operators have yet to submit their applications, highlighting the need for continued outreach and compliance efforts.
Implications for Industry Operators
The full implementation of Act 852 is expected to impact at least 40,000 tobacco industry operators at the retail level alone. These operators will need to adhere to the new regulations, which may require adjustments in their business practices, particularly regarding the sale of products to minors and compliance with packaging and flavor standards. Non-compliance could result in significant legal and financial penalties, underscoring the importance of understanding and adhering to the new law.
Milestone in Tobacco Control
Minister Dzulkefly described the upcoming implementation as a significant milestone in Malaysia’s tobacco control efforts. The government has postponed the rollout once, but the target date for October is now firmly set, with the Ministry of Health expressing confidence in the readiness and effectiveness of the new regulations.
The upcoming implementation of the Public Health Tobacco Control Products Act 2024 (Act 852) marks a pivotal moment in Malaysia’s efforts to regulate tobacco and e-cigarette products. With the law set to take effect in October, the government is poised to enforce stricter controls on the sale and distribution of these products, particularly to minors. The impact on the tobacco industry will be significant, with thousands of operators needing to ensure compliance with the new regulations. As Malaysia moves forward with this critical public health initiative, both industry stakeholders and consumers will need to adapt to the changing regulatory landscape.
FAQs
What is Act 852, and when will it be implemented?
Act 852, also known as the Public Health Tobacco Control Products Act 2024, is a law aimed at regulating tobacco and e-cigarette products in Malaysia. It is expected to be implemented in October 2024.
What are the key provisions of Act 852?
The Act prohibits the sale and purchase of tobacco products and smoking materials to minors, bans providing smoking-related services to minors, and sets standards for product packaging and flavors, particularly for e-cigarettes.
How many tobacco industry operators will be affected by Act 852?
The full implementation of Act 852 is expected to impact at least 40,000 tobacco industry operators at the retail level.
What is the government’s goal with the implementation of Act 852?
The government aims to strengthen tobacco control, protect minors from the harmful effects of smoking, and regulate the sale and distribution of tobacco and e-cigarette products.
What are the consequences for non-compliance with Act 852?
Operators who fail to comply with the new regulations could face significant legal and financial penalties, making it crucial for them to adhere to the requirements set forth in Act 852.
How is the Ministry of Health ensuring readiness for the implementation of Act 852?
The Ministry of Health has conducted extensive reviews and discussions to finalize the regulations and orders under Act 852, and it is confident in the effectiveness of the upcoming implementation in October.
