Tobacco (Control of Advertisements and Sale) Act

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. [Act 46 of 2017 wef 01/02/2018]

(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).

[Act 46 of 2017 wef 01/02/2018]

(2A) 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).

[Act 46 of 2017 wef 01/02/2018]

(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]

(6) A person who contravenes subsection (2A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

[Act 46 of 2017 wef 01/02/2018]

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

[Act 46 of 2017 wef 01/02/2018]

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