Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Bill

In the Tobacco (Control of Advertisements and Sale) Act 1993 (called in this Part the TCASA), replace the long title with —“An Act for the control of advertising, import, sale, possession and use of tobacco products, vaporisers and imitation tobacco products, to control the consumption of certain psychoactive substances, to provide for the treatment and rehabilitation of certain persons and for matters connected therewith.”.

In the TCASA, in section 1, replace “Tobacco (Control of Advertisements and Sale) Act 1993” with “Tobacco and Vaporisers Control Act 1993”.

In the TCASA, in section 2(1) —

after the definition of “advertisement”, insert —“ “approved institution” has the meaning given by section 2 of the Misuse of Drugs Act 1973;”;

replace the definition of “Chief Executive” with —“ “Chief Executive” has the meaning given by section 2 of the Health Sciences Authority Act 2001;“child” means any person who is below 16 years of age;”;

after the definition of “cigarette”, insert —“ “community rehabilitation centre” has the meaning given by section 2 of the Misuse of Drugs Act 1973;”;

replace the definition of “imitation tobacco product” with —“ “imitation tobacco product” means anything mentioned in section 16A(1)(a), but excludes any vaporiser;“inmate” means a person who is detained in an approved institution or a community rehabilitation centre pursuant to an order made under section 19T;”;

after the definition of “newspaper”, insert —“ “nicotine analogue” means a substance —

the chemical structure of which is similar to the chemical structure of nicotine; or

the consumption or use of which has neurological effects that are similar in nature to the neurological effects associated with the consumption or use of nicotine; Illustrations Nicotine salts. Nicotine derivatives.”;

after the definition of “premises”, insert —“ “psychoactive effect” means the stimulation or depression, whether directly or indirectly, of an individual’s central nervous system, affecting the individual’s mental functioning or emotional state;”;

after the definition of “retail outlet”, insert —“ “Review Committee” has the meaning given by section 2 of the Misuse of Drugs Act 1973;“section 14 tobacco product” means a tobacco product that is, or falls within a class of tobacco products, described in section 14(1);“section 15 tobacco product” means a tobacco product that is, or falls within a class of tobacco products, described in section 15(1)(a);”;

after the definition of “smoking”, insert —“ “specified psychoactive substance” means a substance or product specified in the Schedule or falling within a class of substances or products specified in the Schedule, being a substance or product —

that has the capacity to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product; and

that is abused or is likely to be abused by using a Part 3A product as defined in section 19A(1);”;

in the definition of “tobacco product”, in paragraph (c), delete “or” at the end;

in the definition of “tobacco product”, in paragraph (d), replace the comma at the end with “; or”;

in the definition of “tobacco product”, after paragraph (d), insert —“(e)any article or thing that comprises 2 or more components, at least one of which is or contains any form of tobacco, a tobacco derivative, a tobacco substitute or a mixture mentioned in paragraph (d),”;

in the definition of “tobacco substitute”, after “nicotine”, insert “or a nicotine analogue”;

after the definition of “use”, insert —“ “vaporiser” means any device or article that is used, intended to be used or described to be suitable for use for the purpose of vaporising any liquid or substance to produce any emission (including any aerosol) for oral inhalation by a user of the device or article, but does not include —

any section 15 tobacco product; or

a therapeutic product registered under the Health Products Act 2007;“vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgment in relation to the commission of any offence under this Act;”;

in the definition of “writing”, replace the full‑stop at the end with a semi‑colon; and

after the definition of “writing”, insert —“ “young person” means any person who is below 21 years of age.”.

In the TCASA, in Part 3, replace the Part heading with —“CONTROL OF IMPORT, SALE, ETC., OF TOBACCO PRODUCTS, VAPORISERS AND IMITATION TOBACCO PRODUCTS”.

In the TCASA, after section 13, insert —“Prohibition of import, sale, possession, etc., of tobacco products containing prescribed substances14.—

Subject to subsection (3), a person must not import into Singapore any prescribed tobacco product or class of tobacco products, being a tobacco product or class of tobacco products that contains, or the emissions of which contain —

any substance that is prescribed; or

any substance in excess of the maximum amount that is prescribed for that substance.

Subject to subsection (3), a person must not —

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, any tobacco product mentioned in subsection (1);

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

possess in Singapore any tobacco product mentioned in subsection (1) for the purpose of doing any act mentioned in paragraph (a).

Subsections (1) and (2) do not apply to any of the following acts by a person:

the import of any tobacco product mentioned in subsection (1) into Singapore solely for the purpose of taking the tobacco product out of Singapore, whether the tobacco product is taken out of Singapore on the same conveyance on which it was brought into Singapore or on another conveyance;

the transport of any tobacco product mentioned in subsection (1) within Singapore pending the tobacco product being taken out of Singapore;

the possession of any tobacco product mentioned in subsection (1) in Singapore pending the tobacco product being taken out of Singapore.

To avoid doubt, subsections (1) and (2) apply to —

an individual who does any act mentioned in subsection (3) for or on behalf of another individual; or

an individual in relation to any tobacco product mentioned in subsection (1) that the individual imports into Singapore for his or her personal use.

For the purposes of subsection (1)(a), the Minister may prescribe different substances in relation to different tobacco products or classes of tobacco products.

For the purposes of subsection (1)(b), the Minister may prescribe different maximum amounts for different substances in relation to different tobacco products or classes of tobacco products.

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

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

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

In subsection (7), “qualifying conviction” means —

a conviction for an offence under subsection (7); or

a conviction for an offence under section 15(6) in respect of a contravention of section 15(2) as in force immediately before the date of commencement of section 6 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026.”.

In the TCASA, replace sections 15 and 16 with —“Prohibition of import, sale, possession, etc., of chewing tobacco, certain prescribed tobacco products and their components15.—

Subject to subsection (4), a person must not import into Singapore —

any of the following tobacco products:

any chewing tobacco;

any prescribed tobacco product or class of tobacco products that is intended, or labelled or described as suitable, for use other than smoking;

any prescribed tobacco product or class of tobacco products that, in the Minister’s opinion, has or is capable of having the effect of encouraging or otherwise promoting smoking or other uses of tobacco products;

any prescribed tobacco product or class of tobacco products that, in the Minister’s opinion, has or is capable of having, directly or indirectly, an adverse effect on the health of the public or any section of the public; or

any component of a tobacco product mentioned in paragraph (a).

Subject to subsection (4), a person must not —

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

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

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

A person must not —

subject to subsection (4), possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);

purchase in Singapore; or

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

Subsections (1), (2) and (3)(a) do not apply to any of the following acts by a person:

the import of anything mentioned in subsection (1)(a) or (b) into Singapore solely for the purpose of taking the thing out of Singapore, whether the thing is taken out of Singapore on the same conveyance on which it was brought into Singapore or on another conveyance;

the transport of anything mentioned in subsection (1)(a) or (b) within Singapore pending the thing being taken out of Singapore;

the possession of anything mentioned in subsection (1)(a) or (b) in Singapore pending the thing being taken out of Singapore.

To avoid doubt, subsections (1), (2) and (3)(a) apply to —

an individual who does any act mentioned in subsection (4) for or on behalf of another individual; or

an individual in relation to anything mentioned in subsection (1)(a) or (b) that the individual imports into Singapore for his or her personal use.

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

shall on conviction be punished with imprisonment for a term not exceeding 9 years; and

in addition, shall be liable on conviction to a fine not exceeding $300,000.

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

shall on conviction be punished with imprisonment for a term not exceeding 6 years; and

in addition, shall be liable on conviction to a fine not exceeding $200,000.

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.Prohibition of import, sale, possession, etc., of vaporisers and their components16.—

A person must not import into Singapore any vaporiser or any component of a vaporiser.

A person must not —

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, any vaporiser or any component of a vaporiser;

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

possess in Singapore any vaporiser or any component of a vaporiser for the purpose of doing any act mentioned in paragraph (a).

A person must not —

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

purchase in Singapore; or

use in Singapore,any vaporiser or any component of a vaporiser.

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

shall on conviction be punished with imprisonment for a term not exceeding 9 years; and

in addition, shall be liable on conviction to a fine not exceeding $300,000.

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

shall on conviction be punished with imprisonment for a term not exceeding 6 years; and

in addition, shall be liable on conviction to a fine not exceeding $200,000.

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.

For the purposes of this section, it is not necessary for a vaporiser or any component of a vaporiser to contain tobacco or a tobacco product or tobacco substitute.Prohibition of import, sale, possession, etc., of imitation tobacco products and their components16A.—

A person must not import into Singapore —

any article, device or food product —

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

that is capable of being smoked;

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

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

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.

A person must not —

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

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

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

A person must not —

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

purchase in Singapore; or

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

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

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

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.

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.

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.

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

a conviction for an offence under subsection (4);

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

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

a conviction for an offence under section 16(2) as in force immediately before 1 August 2016.Presumption relating to possession and knowledge of section 14 tobacco products, section 15 tobacco products, vaporisers and imitation tobacco products16B.—

This section applies to and in relation to an offence under section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4).

A person who is proved to have had in the person’s possession or custody or under the person’s control —

anything containing an applicable product or any component of an applicable product;

the keys of anything containing an applicable product or any component of an applicable product;

the keys of any premises (other than a conveyance or part of a conveyance) in Singapore in which an applicable product or any component of an applicable product is found; or

a document of title relating to an applicable product or any component of an applicable product, or any other document intended for the delivery of an applicable product or any component of an applicable product,is presumed, until the contrary is proved, to have had that applicable product or component in the person’s possession.

Where one of 2 or more persons with the knowledge and consent of the rest has in the person’s possession an applicable product or any component of an applicable product, the applicable product or component is deemed to be in the possession of each and all of those persons.

A person who is proved or presumed to have had an applicable product or any component of an applicable product in the person’s possession is presumed, until the contrary is proved, to have known the nature of that applicable product or component.

The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product.

In this section and section 16C, “applicable product” means a section 14 tobacco product, a section 15 tobacco product, a vaporiser or an imitation tobacco product.Presumption relating to vehicles and trailers16C.—

This section applies to and in relation to an offence under section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4).

If an applicable product or any component of an applicable product is found in any vehicle or trailer, that applicable product or component is presumed, until the contrary is proved, to be in the possession of the person in charge of the vehicle or trailer for the time being.

The presumption provided for in subsection (2) is not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product.”.

In the TCASA, in section 17 —

replace subsection (1) with —“(1) A person must not —

import into Singapore a tobacco product which, or the packaging or labelling of which, does not comply with subsection (3);

sell or give in Singapore, or transport, send, deliver or distribute within Singapore a tobacco product mentioned in paragraph (a);

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

possess in Singapore a tobacco product mentioned in paragraph (a) for the purpose of doing any act mentioned in paragraph (b).”; and

in subsection (2), after “import of tobacco products into Singapore”, insert “by a person (other than an individual)”.

In the TCASA, in section 18(11), replace “section 15” with “section 14 or 15”.

In the TCASA, after section 18, insert —“Offence of permitting or allowing storage or keeping of section 14 tobacco products, section 15 tobacco products, vaporisers and imitation tobacco products18A.—

Subject to subsection (2), an owner or occupier (X) of any land, building or place in Singapore, or any part of any land, building or place in Singapore, shall be guilty of an offence if X permits or allows any other person to store or keep anything that is an applicable product or any component of an applicable product in or on the land, building or place, unless X has exercised due care to ascertain that the thing is not an applicable product or a component of an applicable product.

Subsection (1) does not apply to the keeping in —

any area in Singapore which has been declared to be a free trade zone under section 3(1) of the Free Trade Zones Act 1966; or

any licensed warehouse within the meaning given by section 3(1) of the Customs Act 1960,of any applicable product or component of an applicable product that is imported into Singapore solely for the purpose of taking that applicable product or component out of Singapore, for the duration that the applicable product or component is kept pending its being taken out of Singapore.

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

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; or

in the case of a second or subsequent conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 6 years or to both.

In this section, “applicable product” has the meaning given by section 16B(6).”.