Category: Health


Any person who smokes in prohibited areas, 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.

In addition, the proprietor or occupier of a premise or the proprietor of a vehicle where smoking is prohibited permits smoking in his or her premise or vehicle commits an offence and shall on conviction be liable:

  • to a fine not exceeding RM5,000; or
  • to imprisonment for a term not exceeding one (1) year.

Places where smoking is prohibited are:

  1. any entertainment centre or theatre, except any pub, discotheque, night club or casino, at any time when such place is open to the public;
  2. any hospital or clinic;
  3. any public lift or toilet;
  4. any air-conditioned eating place or shop;
  5. any public vehicle or public transport terminal;
  6. any building specified by the Ministry of Health Malaysia;
  7. any airport;
  8. any government premise;
  9. any area which is used for any assembly activity in a building other than private or residential building;
  10. any area in any educational institutional or a higher educational institution;
  11. any area in a nursery;
  12. any school bus;
  13. any floor with a service counter in
    • any bank or financial institution;
    • Telekom Malaysia Berhad;
    • Tenaga Nasional Berhad;
    • Pos Malaysia Berhad;

14. any shopping complex;

15.any area in a petrol station;

16.any area in a stadium, sports complex, fitness centre or gymnasium;

17.any building or public place which is used for religious purposes;

18.any area in a library;

19.any area in an internet cafe;

20.National Service Training Centres (PLKN); or

21.any private-sector offices with centralised air-conditioning systems.

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.

The proprietor or occupier of such premise or the proprietor of such vehicle shall at all times:

  1. display a sign as specified in the Control of Tobacco Product Regulations 2004 – Third Schedule (Malay: Peraturan-Peraturan Kawalan Hasil Tembakau 2004 – Jadual Ketiga) with regards to the prohibition of smoking at any conspicuous part of the premise or vehicle; and
  2. ensure that no person smokes in the premise or vehicle.

Any person who contravenes regulation (a) commits an offence and shall on conviction be liable to a fine not exceeding RM3,000 or to imprisonment for a term not exceeding six (6) months.

Any person who contravenes regulation (b) commits an offence and shall on conviction be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding one (1) year.

Where an offence under regulation (b) is committed by the proprietor or the occupier of the premise, or the proprietor of the vehicle, it shall be a defence for the person charged to prove that he had taken all reasonable steps to ensure that no person smokes in the premise or vehicle.

The proprietor or occupier of a premise or the proprietor of a vehicle where smoking is prohibited shall at all times display a sign as specified in the Third Schedule of the Control of Tobacco Product Regulations 2004 (Malay: Jadual Ketiga, Peraturan-Peraturan Kawalan Hasil Tembakau 2004) at any conspicuous part of the premise or vehicle.

Control of Tobacco Product Regulations 2004: Third Schedule
(Malay: Peraturan-Peraturan Kawalan Hasil Tembakau 2004: Jadual Ketiga)

Material

Shape/Size

Description

Any hard, opaque and long lasting material (a) The signboard shall be rectangular in shape.(b)The minimum size of the signboard shall be as follows:(i) in any place or premises – 40cm x 50cm;

(ii) in any public vehicle – 15cm x 18cm;

(iii) in any taxi – 8cm x 10cm.

A red thick circle and thick bar superimposed on a black lighted cigarette shall be used as an illustration on the signboard. The signboard shall have a white background. The message “DILARANG MEROKOK” shall be written on the signboard. The lettering of the message shall be black in colour and the type of lettering shall be Arial.

Design

No Smoking Signboard

Any person who sells tobacco product shall at all times display conspicuously a sign as specified in the Fourth Schedule of the Control of Tobacco Product Regulations 2004 (Malay: Jadual Keempat, Peraturan-Peraturan Kawalan Hasil Tembakau 2004) with regards to the prohibition of sale of tobacco products to minor at the counter where the tobacco product is displayed or offered for sale.

Control of Tobacco Product Regulations 2004: Fourth Schedule
(Malay: Peraturan-Peraturan Kawalan Hasil Tembakau 2004: Jadual Keempat)

Material

Shape/Size

Description

Any hard, opaque and long lasting material (a) The signboard shall be rectangular in shape.

(b)The minimum size of the signboard shall be 50cm in width x 60cm in length.

A red thick circle and thick bar superimposed on a black lighted cigarette shall be used as an illustration on the signboard. The signboard shall have a white background. The message “MENJUAL HASIL TEMBAKAU KEPADA ORANG DI BAWAH UMUR LAPAN BELAS TAHUN ADALAH DILARANG” shall be written on the signboard. The lettering of the message shall be black in colour and the type of lettering shall be Arial.

Design

Selling Cigarettes to Persons Under 18 is Not Permitted Signboard