Govt to table ‘new’ bill to control nicotine in vape, says Zaliha

1 Apr 2023 • 7:08 PM MYT
Daily Express
Daily Express

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PETALING JAYA: Health minister Dr Zaliha Mustafa says she expects to table a “new” bill on tobacco and vape control in the next Parliament sitting in May.

This comes after nicotine liquids and gels used in vape were exempted from the Poisons Act yesterday, causing much controversy.

Zaliha did not specify if this “new” bill is the Control of Tobacco Products and Smoking Bill 2022 that was tabled in the last Parliament session.

In February, the health ministry said it aimed to retable the bill in the near future so that its enforcement can begin next year.

“In order to ensure comprehensive control over nicotine preparations or gels containing nicotine in e-cigarettes or vapes, the health ministry will table a new bill that will regulate all smoking products, including smoking materials containing nicotine,” Zaliha said in a statement today.

She said the bill had seen engagements with all stakeholders, including MPs, NGOs and professional bodies.

She added that in the meantime, the health ministry would work on creating more awareness about the dangers of smoking through its continued implementation of anti-smoking programmes in schools and institutions of higher education.

Zaliha has been criticised for allegedly using her ministerial powers to overrule the Poisons Board, which had unanimously voted against exempting nicotine liquids and gels from the Poisons Act.

In a gazette notice published yesterday, the health ministry said exemption from poisons control had been granted for nicotine liquids and gels, used in e-cigarettes and vaping products.

Noting that the health ministry is aware of the negative feedback regarding the move, she said the exclusion of nicotine liquids and gels from the Poisons List under the Poisons Act – in an amendment that she gazetted yesterday – was in line with the government’s decision to tax such products.

“This exemption is in line with Prime Minister Anwar Ibrahim’s decision in Budget 2023 that the government will impose an excise duty on liquid or gel products containing nicotine used for e-cigarettes and vaping,” she said.

“Pursuant to this exemption, the preparation of liquid or gel nicotine for smoking purposes with electronic cigarettes or vaporisers is now an excisable good that is regulated under the Excise Act.”

In a separate gazette yesterday, Anwar, who is also the finance minister, said that liquid and gel nicotine used for e-cigarettes would now be taxed at RM0.40 sen per millilitre from today.

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