The Ministry of Health Malaysia may, upon application, approve any area either permanently or for such period as he may determine as smoking area.

The proprietor or the occupier of any air-conditioned eating place, non air-conditioned public transport terminal or open air stadium may designate an area which shall not exceed one third of the air-conditioned eating place, non air-conditioned public transport terminal or open air stadium as a smoking area and shall display signs accordingly.

Where a smoking area has been designated,

  • the proprietor or the occupier of the air-conditioned eating place shall ensure that
    • the smoking area is separated with a partition from the area where smoking is prohibited;
    • no person smokes in the area other than the smoking area; and
    • the smoking area has sufficient extractor fan and mechanical ventilation system as approved by the director or authorized officer;
  • the proprietor or the occupier of the non air-conditioned public transport terminal or open air stadium shall ensure that
    • the smoking area is separated with a partition from the area where smoking is prohibited; and
    • no person smokes in the area other than the smoking area.

Any proprietor or occupier of an air-conditioned eating place, non air-conditioned public transport terminal or open air stadium who contravenes with this regulation commits an offence and shall on conviction be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding two (2) years.