In forceAmended2020 Revised Edition

Contents

Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 3 · Control of Import, Sale, Etc., of Tobacco Products, Vaporisers and Imitation Tobacco Products

16A. Prohibition of import, sale, possession, etc., of imitation tobacco products and their components

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Amended

Last amended by an amending law of 2026.

(1)

A person must not import into Singapore —

(a)

any article, device or food product —

(i)

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

(ii)

that is capable of being smoked;

(iii)

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

(iv)

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

(b)

any component of an article or a device mentioned in paragraph (a).IllustrationsA toy that resembles or is designed to resemble a tobacco product is an example of an article or a device that resembles or is designed to resemble a tobacco product.A confectionery that resembles or is designed to resemble a tobacco product is an example of a food product that resembles or is designed to resemble a tobacco product.

(2)

A person must not —

(a)

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, anything mentioned in subsection (1)(a) or (b);

(b)

offer to do any act mentioned in paragraph (a); or

(c)

possess in Singapore anything mentioned in subsection (1)(a) or (b) for the purpose of doing any act mentioned in paragraph (a).

(3)

A person must not —

(a)

possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);

(b)

purchase in Singapore; or

(c)

use in Singapore,anything mentioned in subsection (1)(a) or (b).

(4)

A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both, unless paragraph (b) applies; or

(b)

if the person has a prior qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 6 years or to both.

(5)

A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(6)

For the purposes of this section, it is not necessary for anything mentioned in subsection (1)(a) or (b) to contain tobacco or a tobacco product or tobacco substitute.

(7)

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

(a)

a conviction for an offence under subsection (4);

(b)

a conviction for an offence under section 16(4) or (5);

(c)

a conviction for an offence under section 16(4) or (6) as in force immediately before the date of commencement of section 7 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026; or

(d)

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

Terms defined in s 2

packaging
Defined · s 2
“packaging”, in relation to any product or article, means any container and any other packaging material in which or with which the product or article is supplied, and includes —(a)the box, carton, cylinder, packet, pouch, tin or other receptacle which contains the product or article;(b)where any such receptacle is or is to be contained in one or more other receptacles, each of the other receptacles;(c)wrapper or wrapping of any nature or form;(d)any accompanying leaflet, brochure or other written material; and(e)any written, printed or graphic representation that appears on or with, or is attached to, the product or article or any part of its packaging;
Open s 2
sell
Defined · s 2
“sell” includes —(a)to barter or exchange; or(b)to supply in circumstances in which the supplier derives a direct benefit, pecuniary or otherwise;
Open s 2
smoking
Defined · s 2
“smoking” means inhaling and expelling the smoke of any tobacco product and includes the holding of any tobacco product which is alight or emitting smoke;
Open s 2
tobacco product
Defined · s 2
“tobacco product” means —(a)a cigarette or cigar, or any other form of tobacco;(b)a tobacco derivative;(c)a tobacco substitute; or(d)a mixture containing any form of tobacco or a tobacco derivative or tobacco substitute,but does not include a therapeutic product registered under the Health Products Act 2007;
Open s 2
tobacco substitute
Defined · s 2
“tobacco substitute” means any article, object or thing that contains nicotine, but does not include any of the following:(a)a cigarette or cigar, or any other form of tobacco;(b)a tobacco derivative;(c)a mixture containing any form of tobacco or a tobacco derivative;(d)a therapeutic product registered under the Health Products Act 2007;
Open s 2
use
Defined · s 2
“use”, in relation to any tobacco product, means smoking, chewing, inhaling, ingesting or otherwise introducing the tobacco product or any of its constituents or emissions into the human body (whether by oral means or otherwise);
Open s 2