Tobacco (Control of Advertisements and Sale) Act

Prohibition of imitation tobacco products

16.—(1) A person must not import into Singapore, or distribute, sell or offer 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.

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

(3) 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.

(4) In subsection (3), “qualifying conviction” means —

(a)	a conviction for an offence under subsection (3); or
(b)	a conviction for an offence under section 16(2) as in force immediately before the date of commencement of section 18 of the Tobacco (Control of Advertisements and Sale) (Amendment) Act 2016.

(5) 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. [Act 9 of 2016 wef 01/08/2016]

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