PART 3
CONTROL OF SALE OF TOBACCO PRODUCTS
Prohibition on sales promotion of tobacco products
9.—(1)  A person must not sell or offer for sale in Singapore to any person, whether in Singapore or elsewhere —
(a)any goods or services with any tobacco product as a free gift;
(b)any tobacco product with any other goods or services as a free gift; or
(c)any tobacco product packaged or labelled together or otherwise in conjunction with any other goods or services.
[9/2016]
(2)  A person must not —
(a)distribute or give in Singapore;
(b)cause in Singapore to be distributed or given; or
(c)assist in Singapore in the distribution or giving of,
any free sample of a tobacco product to the public or any section of the public (whether in Singapore or elsewhere) other than to persons who are associated or concerned with the manufacture, distribution or sale of tobacco products.
[9/2016]
(3)  A person must not offer or give in Singapore any tobacco product as a prize in any lottery, raffle, draw, game or competition, whether held in Singapore or elsewhere.
[9/2016]
(4)  Any person who contravenes subsection (1), (2) or (3) 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 and, 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.
Prohibition on shopper loyalty programmes involving tobacco products
9A.—(1)  A person in Singapore must not implement or conduct a programme —
(a)under which a gift or other benefit may be obtained by a purchaser of tobacco products on the basis of the amount or type of those products purchased, whether or not the programme extends to the purchase of other goods or services; or
(b)under which a purchaser of goods or services may be entitled to a gift of any tobacco product, whether or not the purchaser may accept another gift.
[9/2016]
(2)  For the purposes of subsection (1), it does not matter whether the programme is implemented or conducted in Singapore or elsewhere, or whether or not the purchaser is physically present in Singapore.
[9/2016]
(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; 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]
Prohibition on supply to under-aged persons
10.—(1)  Any person who, directly or indirectly, does any of the following in Singapore:
(a)sells any tobacco product to an under-aged person;
(b)buys or acquires any tobacco product for the purpose of giving it, whether or not for a consideration, to an under‑aged person;
(c)gives or furnishes any tobacco product to an under-aged person,
shall be guilty of an offence and shall be liable on conviction for —
(d)an offence under paragraph (a) to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000;
(e)an offence under paragraph (b) to a fine not exceeding $2,500 and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000; or
(f)an offence under paragraph (c) to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000.
[9/2016; 46/2017]
(2)  It is a defence to any prosecution for an offence under subsection (1) if a person proves that the person —
(a)had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the tobacco product was sold, given or furnished was not an under‑aged person; or
(b)had received from the person to whom the tobacco product was sold, given or furnished evidence purporting to show that that person was not an under‑aged person, and that it was reasonable to and the firstmentioned person did accept that evidence as correct.
[46/2017]
Control of use of tobacco products by under-aged persons
11.—(1)  A person who, being an under-aged person —
(a)uses or has in the person’s possession, in a public place or on a road in Singapore, any tobacco product; or
(b)buys in Singapore any tobacco product,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $300.
[9/2016; 46/2017]
(2)  For the purposes of subsection (1), it does not matter whether the possession or the buying of the tobacco product by the person is for the person’s own use or for someone else to use.
[9/2016]
(3)  Where a police officer or an authorised officer finds in any public place or on a road a person, whom the officer reasonably suspects as being an under-aged person, using or about to use any tobacco product or in possession of any tobacco product, the officer may seize the tobacco product.
[9/2016; 46/2017]
(4)  In this section —
“public place” means the premises of a school within the meaning given by the Education Act 1957 or any premises to which members of the public or a section of the public have or ordinarily would have access whether on payment of a fee or otherwise;
“road” has the meaning given by the Road Traffic Act 1961.
Number of cigarettes in package
12.—(1)  A person must not do any of the following, except in the form of a package containing not less than the prescribed minimum number of cigarettes:
(a)import, or permit the import, into Singapore of any cigarette for the purpose of sale;
(b)distribute, or permit the distribution, in Singapore of any cigarette for the purpose of sale;
(c)sell or offer to sell, or permit the sale of or offer for sale of, any cigarette in Singapore;
(d)possess in Singapore any cigarette for the purpose of sale in Singapore.
[9/2016]
(2)  Subsection (1) does not apply to the import of cigarettes into Singapore solely for the purpose of taking them out of Singapore, whether on the same conveyance on which they were brought into Singapore or on another conveyance and whether or not they are landed and kept in any place in Singapore pending their being taken out of Singapore.
(3)  Any person who contravenes subsection (1) 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 and, 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.
(4)  In subsection (1) —
“cigarette” includes any cigarillo;
“cigarillo” means —
(a)a cigar that weighs less than 1.4 grams or such other weight as the Minister may by notification in the Gazette prescribe; or
(b)any tobacco product that is labelled, described or promoted as a cigarillo;
“package” —
(a)means any box, carton or other container in which cigarettes are supplied for the purpose of sale; and
(b)includes, in the case where the package is, or several packages are, contained inside one or more larger packages, the smaller package or each of the smaller packages, as the case may be;
“prescribed minimum number of cigarettes” means —
(a)20 cigarettes, where no other number of cigarettes is specified under paragraph (b); or
(b)where a number of cigarettes is specified under this paragraph by the Minister for the purposes of this section by notification in the Gazette, the number of cigarettes so specified.
[9/2016]
Prohibition on display of tobacco products
12A.—(1)  Except as otherwise provided in subsection (3) or exempted under section 22, a person who distributes, sells or offers for sale any tobacco product by retail on any premises —
(a)must not display or cause to be displayed any tobacco product on the premises when so distributing, selling or offering for sale;
(b)must ensure that no customer or member of the public can see the tobacco products from inside or outside the premises; and
(c)must ensure that paragraph (b) is complied with in the prescribed manner.
[9/2016]
(2)  Except as otherwise provided in subsection (3) or exempted under section 22, a person who is the owner or occupier of any premises to which the public or any section of the public in Singapore has access (on payment or otherwise) must not display or cause to be displayed any tobacco product on the premises.
[9/2016]
(3)  This section does not apply to the display of tobacco products on any premises —
(a)to a customer of the business concerned at the customer’s request;
(b)by a customer of the business concerned; or
(c)in such other circumstances as may be prescribed.
[9/2016]
(4)  However, a display of tobacco products referred to in subsection (3) must not consist of a display of the products, or representations of the products, that constitute an advertisement itself as distinct from the display allowed under that subsection.
[9/2016]
(5)  A person who contravenes subsection (1)(a) or (b) or (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]
(6)  A person who contravenes subsection (1)(c) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
[9/2016]
Warning notices
13.—(1)  A person who distributes, sells or offers for sale any tobacco product by retail at any retail outlet must display or cause to be displayed at the retail outlet the number of warning notices of the type and at the locations at the retail outlet as the Authority may direct.
[9/2016]
(2)  In relation to the type of warning notice to be displayed, the Authority may give directions about the size, wording or appearance of the warning notice, including requiring the display of any warning notice provided by the Health Promotion Board.
[9/2016]
(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 $5,000; or
(b)in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
[9/2016]
(4)  In this section, “warning notice” means a notice stating to the effect that the sale of any tobacco product to under‑aged persons is prohibited by law.
[9/2016; 46/2017]
14.  [Repealed by Act 9 of 2016]
Prohibition of harmful tobacco products
15.—(1)  Despite anything in this Act but subject to subsection (4), a person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore —
(a)any chewing tobacco;
(b)such other tobacco product, or class of tobacco products, intended, labelled or described as suitable for use other than smoking, as the Minister may by regulations prescribe;
(c)such tobacco product, or class of tobacco products, as the Minister may by regulations prescribe, where the Minister is of the opinion that that product or class of products has or is capable of having the effect of encouraging or otherwise promoting smoking or other uses of tobacco products; or
(d)such tobacco product, or class of tobacco products, as the Minister may by regulations prescribe, where the Minister is of the opinion that that product or class of products has or is capable of having, directly or indirectly, an adverse effect on the health of the public or any section of the public.
[9/2016; 46/2017]
(2)  Subject to subsection (4), a person must not import into Singapore, or distribute, sell, offer for sale or possess for sale in Singapore such tobacco product or class of tobacco products as the Minister may by regulations prescribe, being tobacco product —
(a)that contains; or
(b)the emissions of which contain,
any substance in excess of such maximum amounts as may be prescribed for that substance.
[9/2016; 46/2017]
(3)  A person must not —
(a)subject to subsection (4), possess in Singapore, other than for the purpose of sale in Singapore;
(b)purchase in Singapore; or
(c)use in Singapore,
any tobacco product mentioned in subsection (1) or (2).
[46/2017]
(4)  Subsections (1), (2) and (3) do not apply to the import of tobacco products into Singapore solely for the purpose of taking them out of Singapore, whether on the same conveyance on which they were brought into Singapore or on another conveyance and whether or not they are landed and kept in any place in Singapore pending their being taken out of Singapore.
[46/2017]
(5)  For the purposes of subsection (2), the Minister may prescribe different maximum amounts for different substances, in relation to different classes or descriptions of tobacco products.
(6)  Any 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 and, 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.
(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]
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]
Appearance of tobacco products, packaging and labelling
17.—(1)  A person must not —
(a)import into Singapore; or
(b)distribute, sell, offer for sale or possess for sale in Singapore,
a tobacco product which, or the packaging or labelling of which, does not comply with subsection (3).
[9/2019]
(2)  However, subsection (1)(a) does not apply to the import of tobacco products into Singapore solely for —
(a)the re-export of the tobacco products from Singapore —
(i)whether or not on the same conveyance on which the tobacco products were brought into Singapore; and
(ii)whether or not the tobacco products are landed and kept in any place in Singapore before they are taken out of Singapore; or
(b)the repackaging or relabelling of the tobacco products into packaging or with labelling that complies with subsection (3).
[9/2019]
(3)  A tobacco product, and the packaging or labelling of any tobacco product —
(a)must comply with every requirement prescribed in relation to the tobacco product or its packaging or labelling (as the case may be), including any requirement as to size, appearance, design, health warnings and other information to be stated; and
(b)despite any written law or rule of law, must not bear any trade mark, term, descriptor, figurative or other sign, feature, scent or sound —
(i)that is prescribed as prohibited in relation to the tobacco product or its packaging or labelling; or
(ii)that promotes the tobacco product by any means that is false, misleading, deceptive or likely to create an erroneous impression about the characteristics, health effects, hazards or emissions of the tobacco product, including the misleading impression that the tobacco product is less harmful than other tobacco products.
[9/2019]
(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 prior qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
[9/2019]
(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 17(2) or 17A(4) as in force immediately before 1 July 2020.
[9/2019]
17A.  [Repealed by Act 9 of 2019]
Licence required for dealing with tobacco products
18.—(1)  A person must not import into Singapore any tobacco product, unless the person holds a valid import and wholesale licence.
[9/2016]
(2)  A person must not do any of the following in Singapore except by the authority of and in accordance with a valid import and wholesale licence:
(a)distribute by wholesale any tobacco product;
(b)sell or offer for sale by wholesale any tobacco product;
(c)permit to be sold or offered for sale by wholesale any tobacco product;
(d)have in the person’s possession for sale by wholesale any tobacco product.
[9/2016]
(3)  A person must not do any of the following in Singapore except by the authority of and in accordance with a valid retail licence:
(a)distribute by retail any tobacco product;
(b)sell or offer for sale by retail any tobacco product;
(c)permit to be sold or offered for sale by retail any tobacco product;
(d)have in the person’s possession for sale by retail any tobacco product.
[9/2016]
(4)  In particular —
(a)an import and wholesale licence may authorise the doing of any act in subsection (2) only at premises specified in the licence; and
(b)the holder of a valid retail licence is authorised to do any act in subsection (3) only at a single point of sale within a retail outlet specified in the licence.
[9/2016; 46/2017]
(5)  A person who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $10,000, unless paragraph (b) applies; or
(b)if the person has any previous qualifying conviction, to a fine not exceeding $20,000.
[9/2016; 46/2017; 9/2019]
(6)  In subsection (5), “qualifying conviction” means —
(a)a conviction for an offence under subsection (5); or
(b)a conviction for an offence under section 18(4) as in force immediately before 30 December 2017.
[9/2016]
(7)  An application for a licence must be made to the Authority in writing in such form as the Authority may require.
[9/2016]
(8)  Subject to subsection (9), the Authority may grant a licence on any terms and conditions, if the Authority is satisfied that the prescribed requirements for the grant of a licence are met.
[9/2016]
(9)  No licence may be granted for the sale by wholesale or retail of any tobacco product by way of a vending machine.
[9/2016]
(10)  Any person who is aggrieved by a decision of the Authority refusing to grant or renew a licence to the person, or revoking, suspending or cancelling the person’s licence, may appeal to the Minister —
(a)within 14 days after receiving notice of the decision; or
(b)within such extended period as the Minister may allow in any particular case.
[9/2016]
(11)  To avoid doubt, nothing in subsection (1), (2) or (3) authorises any person to import, distribute, sell or offer for sale, permit to be sold or offered for sale, or have in the person’s possession for sale, any tobacco product that is prohibited under section 15.
[9/2016]
Appointment of authorised officers
19.—(1)  The Chief Executive may appoint any officer or any person to be an authorised officer for the purposes of this Act.
(2)  In the exercise of his or her powers and in carrying out his or her duties under this Act, an authorised officer must comply with such general or special directions as may be given to the authorised officer by the Chief Executive.
(3)  Every authorised officer is deemed to be a public servant within the meaning of the Penal Code 1871.