Singapore legislation

Section 16

of Tobacco (Control of Advertisements and Sale) Act 1993

Section 16

Prohibition of imitation tobacco products

Amended by9/201646/20179/201646/201746/20179/20169/20169/201646/201746/2017

(1)

A person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore, any confectionery or other food product, or any toy, device or article —

(a)

that resembles, or is designed to resemble, a tobacco product;

(b)

that is capable of being smoked;

(c)

that may be used in such a way as to mimic the act of smoking; or

(d)

the packaging of which resembles, or is designed to resemble, the packaging commonly associated with tobacco products.

Amended by9/201646/2017

(2)

A person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore, any component of a toy, a device or an article referred to in subsection (1).

Amended by9/201646/2017

(3)

A person must not —

(a)

possess in Singapore, other than for the purpose of sale in Singapore;

(b)

purchase in Singapore; or

(c)

use in Singapore,any item mentioned in subsection (1) or (2).

Amended by46/2017

(4)

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both, unless paragraph (b) applies; or

(b)

if the person has any previous qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by9/2016

(5)

In subsection (4), “qualifying conviction” means —

(a)

a conviction for an offence under subsection (4); or

(b)

a conviction for an offence under section 16(2) as in force immediately before 1 August 2016.

Amended by9/2016

(6)

A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b)

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by9/2016

(7)

A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Amended by46/2017

(8)

It is not necessary for an item mentioned in subsection (1) or (2) to contain tobacco or a tobacco product or tobacco substitute.

Amended by46/2017