Penang admits can’t stop vaping in non-smoking zones

GEORGE TOWN, Nov 12 — The Penang Health Department said today that it will advise vapers not to vape in gazetted non-smoking zones in the state, but admitted that no action can be taken against them if they refuse to comply.

Penang state health department director Datuk Dr Zailan Adnan said there are currently no specific laws to allow the department to take action against those who use the electronic devices in the smoke-free zones.

“We can take enforcement action against smokers who smoke in non-smoking zones under the control of tobacco products regulations, but vaping is not tobacco, so there is no law to enforce against them,” she said when contacted by the Malay Mail Online.

She explained that what Health Department enforcement officers can do for now is to request vapers to stop vaping in non-smoking zones.

“We are asking them to respect the non-smoking zones and we will educate them by advising them not to vape in these areas. Otherwise, it’s like a mockery of the whole exercise to gazette non-smoking zones,” she said.

There are 22 types of premises and various areas in Penang that are gazetted as non-smoking zones, such as six recreational parks, the George Town heritage zone, public transportation, government offices and air-conditioned places such as restaurants.

“We are hoping to keep on increasing the number of non-smoking zones in Penang from time to time,” she said.

For now, the Health Department can only take action against those who sells vaping liquid that contains nicotine.

“We can take action against the shops that sell vaping liquid that contains nicotine as only those who are licensed are allowed to sell items that contained nicotine,” she said, citing the Poison Act 1952 (Revised 1989).

Only licensed pharmacies and doctors are allowed to sell nicotine products like nicotine patches, said Zailan.

“We do not allow any nicotine products to be openly sold, so we will take action against those outlets found selling liquid containing nicotine,” she said.

The department will conduct raids on these outlets to check that no liquids containing nicotine are sold, especially if there are complaints from the public, said Zailan.