PETALING JAYA: The new law on the sale of smoking products is more than just a ban on the display of cigarettes.
The legislation also spells out prohibitions on the sale of the products at several locations – including within 40m of any educational institution.
Sales are also prohibited if an educational institution or higher education institution is inside a commercial building, and at temporary stalls.
The Control of Smoking Products for Public Health Act (Act 852) came into force on Oct 1.
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Checks showed that while many have taken the ruling seriously, others are still seeking clarity. For instance, do tuition centres count as educational institutions?
At a convenience store here, cigarettes and vapes have been completely removed from the shelves, although it is located about a kilometre away from the nearest school.
The cabinet used to store the products has been removed altogether, leaving behind an obvious empty space.
“Parents claimed their children were buying cigarettes from us but when we checked our surveillance cameras, we found that was not true.
“We also share a block with several tuition centres, which puts us in a compromising situation.
“Our management decided to just scrap it altogether,” said a storekeeper known as Aishah.
She added that the decision to scrap the sales was made about three months ago, partly due to display regulations under Act 852.
“We heard of some outlets which were fined heavily for leaving their blacked-out display cabinet doors slightly ajar,” she said.
Just a stone’s throw from the store, two other convenience stores have continued selling the products, although behind covered display cabinets.
“It’s business as usual but we make sure to screen our buyers, especially if they look underage,” said storekeeper Raihan, who said they will halt sales if there is a directive.
A mamak restaurant about a kilometre from another school here has also halted cigarette and vape sales.
The cabinets that used to store cigarettes have now been converted into a makeshift storage area.
“Students always have lunch or hang out at our restaurant, and parents have complained to local authorities about students buying cigarettes and vapes here.
“We have stopped selling the products here over the past few months. We even enforce the no-smoking rule on our premises even till late night,” said K. Jaya, who works as a cashier there.
Even a sundry shop in Petaling Jaya has halted cigarette sales.
A worker there said this has been in place for about two months, even before full enforcement began.
“First we covered everything and then stopped selling completely,” said one worker.
The employee added that customers still ask for cigarettes, especially regulars who used to buy them daily.
“Some people get upset, but we can’t risk the fines,” he said.
M. Badrol, who works at a convenience store located just across the street from a primary school here, said they have removed all vape products, with cigarettes being the only tobacco product available.
“Our store, although close to a school, is not within the 40m radius spelled out by the law.
“However, we removed vapes as our management is afraid students will come to buy the product here,” he said.
Under Act 852, individuals or businesses found selling or displaying tobacco or smoking products without following government rules could face hefty fines or jail time under the proposed law.
Individuals can be fined up to RM20,000 or jailed for up to one year for the first offence, and up to RM30,000 or two years’ jail for repeat offences.
For companies, the penalties are steeper and comprise a fine of between RM20,000 and RM100,000 or up to two years’ jail for the first offence, and between RM50,000 and RM300,000 or up to three years’ jail for repeat offences.
