Here’s why a max RM5,000 fine awaits smokers and vapers at workplaces, laundrettes, pubs in Malaysia
A no-smoking sign displayed at a restaurant in Shah Alam, Selangor also clearly depicts the prohibition against the use of electronic cigarettes or vaping. — Picture by Yusof Mat Isa
Thursday, 02 Jan 2025 2:52 PM MYT
KUALA LUMPUR, Jan 2 — Starting January 1, 2025, Malaysians who smoke or vape in office buildings, laundrettes, pubs, and nightclubs face a maximum fine of RM5,000.
Here’s everything you need to know about the smoking and vaping ban:
1. When was this smoking ban at workplaces, laundrettes, and pubs introduced?
The smoking ban was introduced through a health minister’s order gazetted on September 30, 2024, known as the Control of Smoking Products For Public Health (Declaration of Non-Smoking Area or Place) Order 2024.
This order outlined 28 designated non-smoking areas, which included office buildings and laundrettes.
The ban took effect on October 1, 2024, meaning enforcement could have begun on that date.
2. So why the January 1 date for the RM5,000 fine?
On October 4, 2024, Health Minister Datuk Seri Dzulkefly Ahmad clarified that enforcement of the smoking ban at workplaces and laundrettes would officially start from January 1, 2025.
This grace period of three months was intended to give business owners time to comply with the new rules.
3. OK, so if I’m the office building owner or laundrette shop owner, what do I do?
To recap, under the Control of Smoking Products For Public Health Act 2024, specifically Section 16, smoking or vaping in any designated non-smoking area is an offence.
Offenders face fines of up to RM5,000 if convicted.
In addition, the owner or occupant of a non-smoking area, such as a workplace or laundrette, could also be fined up to RM5,000 if they:Fail to display clear signage indicating that smoking is prohibited;
Provide smoking facilities or equipment, and
Fail to take reasonable steps to prevent smoking within their premises.
4. How can owners avoid breaking the law?
According to Deputy Health Director-General (Public Health) Datuk Dr Norhayati Rusli, as reported by Malay Mail on October 21, 2024, owners of non-smoking establishments should ensure they do not provide ashtrays and actively remind patrons not to smoke.
“If customers are found smoking in restaurants, the owners can advise them to stop. But if the customers remain uncooperative despite the owners taking all necessary actions, the owners should no longer be held responsible,” she said.
Owners can also contact the Health Ministry hotline via WhatsApp at 010-8608949 to report smoking violations at their premises.
5. Did you know Malaysia already had non-smoking areas since 2004?
Yes, back on September 23, 2004, the Malaysian government introduced the Control of Tobacco Product Regulations 2004, listing 19 areas where smoking was prohibited. Offenders could face a maximum fine of RM10,000 or maximum two years in prison (these penalties no longer apply under the current law, which carries a maximum RM5,000 fine).
Since then, the list has been updated, with new non-smoking areas added over the years.
In 2008, the government banned smoking in any area in a place for national service training; and in 2010, it added “in any air conditioned place of work with a centralised air conditioned system”.
In 2018, an important update was made to expand the smoking ban to any eating place – even those which did not have air-conditioning – and within three metres from any table or chair placed for food preparation, serving or selling.
6. What’s new since October 1, 2024?
The latest update, effective from October 1, 2024, expanded the list of non-smoking areas to include:
- Pubs, discos, and nightclubs
- Launderettes
- All workplace buildings (not just those with centralised air conditioning)
Lawyer Mohamed Haniff Khatri Abdulla, a self-confessed hardcore smoker, filed a lawsuit against the Malaysian government and the health minister on December 31, 2024, seeking to challenge the smoking ban in office buildings.
7. Bonus info: Can MPs smoke or vape in Parliament?
As of the newest 2024 rules, the Parliament of Malaysia building is officially listed as a non-smoking area.
This includes all areas inside the building, as well as within three metres of the building’s perimeter.
This is the first time the Parliament building has been formally designated as a non-smoking and non-vaping zone.
In 2018, the Health Ministry had already banned smoking inside the building, including through the closure of Parliament's designated smoking room.
Following the October 1, 2024 smoking ban, Dewan Rakyat Speaker Tan Sri Johari Abdul announced that MPs and staff members can smoke in designated areas located at least three metres away from the building, with three specific locations now provided for smoking.
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