Tobacco (Control of Advertisements and Sale) Act 1993

Prohibition of imitation tobacco products

16.—(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. [9/2016; 46/2017]

(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).

[9/2016; 46/2017]

(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).

[46/2017]

(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. [9/2016]

(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. [9/2016]

(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. [9/2016]

(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.

[46/2017]

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

[46/2017]

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