Tobacco (Control of Advertisements and Sale) Act 1993

In this Act, unless the context otherwise requires —

“access” includes

“advertisement” includes any notice, circular, pamphlet, brochure, programme, price list, label, wrapper or other document and any announcement, notification or intimation to the public or any section of the public or to any person or persons made

“authorised officer” means any officer or person appointed under section 19;

“Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;

“chewing tobacco” means loose‑leaf tobacco, plug tobacco, twist tobacco or tobacco bits intended for chewing;

“Chief Executive” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;

“cigarette” means any product which consists in whole or in part of cut, shredded or manufactured tobacco, or any tobacco derivative or tobacco substitute, rolled up in paper, tobacco leaf or other material and which is in any form that is capable of immediate use;

“conveyance” includes any vessel, train, aircraft, vehicle, trailer or other mode of transport;

“emission” means any substance that is produced when a tobacco product is used;

“imitation tobacco product” means any of the products mentioned in section 16(1) or (2);

“licence” means an import and wholesale licence mentioned in section 18(1) or (2), or a retail licence mentioned in section 18(3);

“newspaper” includes any magazine, journal, periodical or any other publication containing news, intelligence, information or reports of occurrences, or any remarks, observations or comments in relation either to such news, intelligence, information or occurrences or to any other matter of interest to the public or any section of the public, issued in any language at regular or irregular intervals;

“packaging”, in relation to any product or article, means any container and any other packaging material in which or with which the product or article is supplied, and includes

“point of sale” means an immobile cash register or counter at which a sale by retail may be made, and does not include a conveyance or vending machine;

“premises” includes any or part of any vacant land, building, conveyance or place in Singapore;

“publish”, in relation to an advertisement, includes to distribute, show, exhibit, display or broadcast by any form of communication or in any manner;

“retail outlet” means any shop, kiosk or stall in Singapore at which goods are sold or exposed for sale by retail;

“sell” includes

“Singapore‑connected person” means

“smoking” means inhaling and expelling the smoke of any tobacco product and includes the holding of any tobacco product which is alight or emitting smoke;

“tobacco product” means

“tobacco substitute” means any article, object or thing that contains nicotine, but does not include any of the following:

“trade mark” has the meaning given by section 2(1) of the Trade Marks Act 1998;

“unauthorised advertisement” means any advertisement described in section 3(1)(a), (b), (c) or (d), but not

“under-aged person” means

“use”, in relation to any tobacco product, means smoking, chewing, inhaling, ingesting or otherwise introducing the tobacco product or any of its constituents or emissions into the human body (whether by oral means or otherwise);

“writing” includes painting, inscription, printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form.

For the purposes of this Act, a sale or a purchase (as the case may be) that is transacted online is regarded as a sale or a purchase in Singapore if, and only if, the purchaser is physically present in Singapore and the purchased product is intended to be delivered in Singapore.

Subject to subsection (2) or (6), a person must not publish, or cause to be published, or take part in the publication, in Singapore, of any advertisement

Subsection (1) does not apply to an advertisement comprising only a price list that is of a prescribed description and is published in prescribed circumstances.

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction

In subsection (3), “qualifying conviction” means

In any proceedings against a person for contravening subsection (1), it is not necessary for the prosecution to prove that the person knew or had reason to believe that the advertisement published is of a type described in that subsection.

The Minister may approve, for such time and upon such conditions as he or she may think fit, the publication of an advertisement or class of advertisements which mentions or refers to the brand name associated with or the name or trade name of a person associated or concerned with the manufacture, distribution or marketing of a tobacco product or imitation tobacco product for the purpose of promoting or identifying any goods or services unconnected with any tobacco product or imitation tobacco product which are manufactured, distributed, marketed or provided by that person.

Subsection (6) does not apply to any advertisement or class of advertisements which, directly or indirectly, leads to, induces, urges, promotes or encourages the use of any tobacco product or imitation tobacco product.

Where any person fails to comply with any condition imposed by the Minister under this section, the Minister may cancel the approval in relation to which that condition was imposed.

Any application for approval under subsection (6) must be made in such form and with such particulars as may be determined by the Minister.

In this section, an advertisement that is published electronically is published in Singapore, if

This Part does not apply to any advertisement described in section 3(1)(a), (c) or (d) (called in this section a relevant advertisement), if the advertisement is contained in a newspaper that

Despite subsection (1), a person must not distribute or supply or cause to be distributed or supplied, whether free of charge or otherwise, any newspaper or printed matter containing any relevant advertisement which is printed or published outside Singapore and is brought into Singapore, if that newspaper or printed matter

Any person who contravenes subsection (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.

A person must not sell or offer for sale in Singapore to any person, whether in Singapore or elsewhere

A person must not

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.

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.

A person in Singapore must not implement or conduct a programme

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.

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction

Any person who, directly or indirectly, does any of the following in Singapore:

It is a defence to any prosecution for an offence under subsection (1) if a person proves that the person

A person who, being an under-aged person

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.

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.

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.

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:

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.

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.

In subsection (1) —

“cigarette” includes any cigarillo;

“cigarillo” means

“package”

“prescribed minimum number of cigarettes” means

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

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.

This section does not apply to the display of tobacco products on any premises

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.

A person who contravenes subsection (1)(a) or (b) or (2) shall be guilty of an offence and shall be liable on conviction

A person who contravenes subsection (1)(c) shall be guilty of an offence and shall be liable on conviction

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.

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.

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction

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.

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

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 person must not

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.

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.

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.

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.

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 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).

A person must not

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction

In subsection (4), “qualifying conviction” means

A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction

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.

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

A person must not

However, subsection (1)(a) does not apply to the import of tobacco products into Singapore solely for

A tobacco product, and the packaging or labelling of any tobacco product

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction

In subsection (4), “qualifying conviction” means

A person must not import into Singapore any tobacco product, unless the person holds a valid import and wholesale licence.

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 person must not do any of the following in Singapore except by the authority of and in accordance with a valid retail licence:

In particular

A person who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction

In subsection (5), “qualifying conviction” means

An application for a licence must be made to the Authority in writing in such form as the Authority may require.

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.

No licence may be granted for the sale by wholesale or retail of any tobacco product by way of a vending machine.

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

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.

The Chief Executive may appoint any officer or any person to be an authorised officer for the purposes of this Act.

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.

Every authorised officer is deemed to be a public servant within the meaning of the Penal Code 1871.

The Minister may, either generally or in any particular case, and either permanently or for such period or periods as he or she may think fit, exempt by order in the Gazette any person or class of persons, or any premises or type of premises, or any event or occasion or class of event or occasion, or any object or thing or type of object or thing, from all or any of the provisions of this Act.

In granting any exemption under subsection (1), the Minister may impose such conditions as he or she may think fit.

If a police officer or an authorised officer reasonably suspects that a person has committed or is committing an offence under this Act, the officer may do all or any of the following:

Any person arrested under subsection (1)(d) must be produced before a Magistrate’s Court or a District Court (called in this section a Court) within 48 hours after the person is arrested.

Despite any other written law, any police officer or authorised officer who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing the person before a Court or to a police station, serve upon the person a notice in the form determined under section 32 requiring the person to attend at the Court, at the time and on the date specified in the notice.

A duplicate of the notice served under subsection (3) must be prepared by the police officer or authorised officer (as the case may be) and produced by the police officer or authorised officer to the Court if so required by the Court.

Where an accused person appears before a Court in accordance with a notice served under subsection (3), the Court is to take cognizance of the offence alleged and proceed as though the accused person were produced before it under subsection (2).

If a person upon whom a notice has been served under subsection (3) fails to appear before a Court in accordance with the notice, the Court may issue a warrant for the arrest of that person.

Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a Court, the Court is to

If due cause is not shown by the person under subsection (7), the Court may

For the purpose of investigating any offence under this Act, the Chief Executive or any authorised officer may

The person mentioned in subsection (1)(a) or (b) is bound to state truly the facts and circumstances with which he or she is acquainted concerning the case except only that he or she may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him or her to a criminal charge or to penalty or forfeiture.

The Chief Executive or any authorised officer may reduce to writing any statement made under subsection (1)(a) or (b) by a relevant person, and that statement must be read over to the relevant person, corrected (if necessary) and signed by the relevant person.

Without affecting subsection (5), if any person fails to attend as required by an order under subsection (1)(b), the Chief Executive or any authorised officer may report that failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.

A person who, without reasonable excuse, fails to comply with any requirement of the Chief Executive or an authorised officer under subsection (1)(b) or (c) 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.

Any person carrying on a trade or business which consists of or includes the manufacture, distribution, import or sale of any tobacco product or imitation tobacco product must

Any person involved or concerned with the import, distribution, sale or supply of any newspaper which is printed or published outside Singapore must furnish to the Chief Executive or an authorised officer any information that the Chief Executive or authorised officer may require in respect of the newspapers.

The Chief Executive or an authorised officer may, for an enforcement purpose, do all or any of the following:

The Chief Executive or an authorised officer may, if he or she has reasonable cause to believe that an offence under section 3(1) has been committed in respect of an unauthorised advertisement

The person mentioned in subsection (2) is liable to pay to the Chief Executive the reasonable costs of removal and disposal of the advertisement which may be recovered as a debt due to the Government.

In the exercise of his or her powers under this section, the Chief Executive or an authorised officer must

The Chief Executive or an authorised officer entering any premises by virtue of this section may take with him or her such other persons and such equipment as may appear to him or her necessary.

For the purposes of subsection (1), if any document or material required by the Chief Executive or an authorised officer is kept in electronic form

If the Chief Executive or authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (6)(c), the Chief Executive or authorised officer may

In subsection (1), “enforcement purpose” means

Any person who

If any person, in giving any such information as is mentioned in subsection (1), makes any statement which he or she knows to be false, he or she 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 12 months or to both.

Any thing seized in exercise of any power conferred under this Act is liable to forfeiture.

An order for the forfeiture or for the release of any thing seized in exercise of any power conferred by this Act must be made by the court before which the prosecution with regard thereto has been held.

An order for the forfeiture of the thing seized must be made if it is proved to the satisfaction of the court that

In the absence of any prosecution with regard to any thing seized in the exercise of any power conferred by this Act, the thing is deemed to be forfeited at the expiry of one month from the date of the seizure unless a claim to the thing is made before then in accordance with subsection (5).

A person asserting that the person is the owner of any thing seized and that the thing is not liable to forfeiture may personally, or by the person’s agent authorised in writing, make a claim by giving written notice to the Chief Executive.

On receipt of the notice, the Chief Executive may direct that the thing seized be released or may refer the matter to a court for decision.

All things forfeited or deemed to be forfeited must be delivered to the Authority or an officer of the Authority and must be disposed of according to the Chief Executive’s directions.

Subject to subsection (4), the Chief Executive or any person authorised by the Chief Executive in writing may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

The Minister may make regulations to prescribe the offences which may be compounded.

Where the person reasonably suspected of having committed an offence under this Act was an under‑aged person at the time of the alleged offence (called the under‑aged offender), the offence may be compounded if the under‑aged offender and the parents or guardian of the under‑aged offender first attend counselling at any place that the Chief Executive may specify.

Subject to subsection (2), all fees, charges and other moneys recovered or collected by the Chief Executive or an authorised officer under this Act must be paid to the Authority.

All composition sums collected by the Chief Executive or an authorised officer under section 34 must be paid into the Consolidated Fund.

Each of the following persons is, in relation to that person’s administration, collection and enforcement of payment of composition sums under section 34, taken to be a public officer for the purposes of the Financial Procedure Act 1966:

Section 20 of the Financial Procedure Act 1966 applies to each of the persons mentioned in subsection (1) even though that person is not or was not in the employment of the Government.

Any notice, order, direction or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act, may be served on the person

Any notice, order, direction, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, direction, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, direction, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

The Minister may make such regulations as appear to him or her necessary or expedient for the purpose of carrying out the provisions of this Act.

Without limiting subsection (1), the Minister may make regulations for or with respect to any of the following matters:

For the purposes of subsection (2)(e), different requirements or prohibitions may be prescribed for different tobacco products or different types of packaging or labelling of tobacco products.

All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.

Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17

In this section, “design” and “registered design” have the meanings given by section 2(1) of the Registered Designs Act 2000.