Yii: Excluding liquid nicotine from Poisons Act a 'regressive move'

 

The exclusion of nicotine liquids - including those used for vapes - from the Poisons Act 1952 is viewed as a regressive move.

Bandar Kuching MP Kelvin Yii (above) sees the Health Ministry’s move as one that is incomplete, saying it opens a lacuna in the law since there are currently no proper guidelines to regulate vape.

“The ideal situation, before removing nicotine liquids from under the Poisons Act, is to have an accompanying law to regulate vape and tobacco products that are more encompassing than the current Food Act 1983.

“It (the vape industry) is flourishing all around our society, so there is importance for us to regulate and control it,” Yii told reporters when met at the Parliament lobby yesterday.

The current Control of Tobacco Products Regulations 2004, under the Food Act 1983, only regulates conventional cigarettes and other tobacco products.

On Friday, nicotine liquids were excluded from the Poisons Act, and excise duties imposed on vapes came into effect the following day.

Health news portal CodeBlue reported on Saturday that the Poisons Board had unanimously opposed the proposal to declassify liquid nicotine as a controlled substance in the government’s bid to tax e-cigarettes and vape.

The Poisons Board - which acts as an independent body established under the Poisons Act - had reportedly held a meeting on March 29. This is the same day the amendment to excise duties was gazetted.

Quoting a source, CodeBlue reported that Health Ministry officials opposed exempting liquid nicotine from the control under the Poisons Act.

However, the Finance Ministry allegedly requested the Health Ministry to exempt it to provide access to users and local manufacturers to produce the related products lawfully.

Health Minister Zaliha Mustafa had allegedly exercised her ministerial powers by gazetting the exemption despite the protests of the Poisons Board and public criticism.

In light of criticisms, Zaliha assured that the vape liquids and related products would be regulated under the Tobacco Control Bill - which will be tabled in the next Parliament session.

While Yii welcomed the tabling of the bill, he stressed the importance for the government to actively engage with lawmakers as well as relevant stakeholders from all levels.

“This is so that everyone is on board. While it’s important to regulate and collect revenues from this, public health must not be a secondary thought. It must be a primary thought.”

Leading up to the tabling of the bill, the DAP politician called on the ministry to encourage industry players to “self-regulate”.

“We cannot have people, especially children, fall between the cracks and get addicted.

“This is an opportunity for the industry players to play their part and show their responsibility,” Yii added. - Mkini