Offence of Offering Cigarettes to Persons Below 21 Years of Age

Er Dr Lee Bee Wah asked the Minister for Health (a) whether someone who offers a cigarette to a person below the age of 21 is committing an offence; (b) whether the receiver of the cigarette is also an offender; (c) how many of such offenders have been booked in the past three years; and (d) what has been the fine imposed on these offenders.

The current minimum legal age (MLA) for the purchase, use, possession, sale and supply of tobacco products is 19 years. This was raised from 18 years on 1 January 2019 and will be raised progressively to 21 years by 1 January 2021. Offering a cigarette to a person below the MLA is an offence under section 10 of the Tobacco (Control of Advertisements and Sale) Act (TCASA). Receiving a cigarette is also an offence if they are under the MLA under section 11 of TCASA.

The main focus of Health Sciences Authority's enforcement efforts is on curbing the sale of tobacco to underage persons. Errant retailers are liable to a maximum fine of $5,000 for the first offence and $10,000 for subsequent offences. In addition, the tobacco retail licence will be suspended for the first offence and revoked for subsequent offences. Between January 2015 and October 2018, 90 retailers have been caught for selling tobacco to underage persons.

In addition, anyone caught buying or acquiring any tobacco product for a person below the MLA, is liable on conviction in Court, to a maximum fine of $2,500 for the first offence and $5,000 for subsequent offences. Similarly, anyone caught giving or furnishing tobacco product to a person below the MLA, is liable on conviction in Court, to a maximum fine of $500 for the first offence and $1,000 for subsequent offences. Between January 2015 and October 2018, 18 people had been caught for such offences.