Tobacco Asia

Volume 20, Number 2

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40 tobaccoasia / Issue 2, 2016 May / June) E-Smoking Legislation Overview Country Manufacture Export Import Sale Possession Use Brunei r Cambodia s s China r China – r r r r Hong Kong (S.A.R) China – Macau (S.A.R.) Indonesia s s Japan r r r r Malaysia (Kedah, Johor, Negeri Sembilan, Kelantan) Malaysia r r (remaining states) Philippines Singapore South Korea Taiwan r r r r Thailand s s Vietnam Symbol Legend: permitted; banned; unknown; rpermitted with restrictions; suncertain black market for vaping gear in Cambodia," and cited commenters on its website who said they en- countered no problems in getting their personal devices through customs. However, Tobacco Asia was unable to find out if there are any penalties for violating the ban and what they might be. In Vietnam, everything concerning e-smoking, ENDS, and ENNDS is categorically banned and illegal, i.e. the sale, use, and possession of devices and accessories. Nevertheless, notoriously lax law enforcement has created a burgeoning black mar- ket. E-smoking gear can be obtained easily and relatively openly from street vendors, shops, and even traders supplying gadgets and accessories in bulk. The Tu Oi Tre (Youth) newspaper in No- vember 2015 published a rather sensationalistic "investigative report", which in part read: "[Our] reporter recently infiltrated some circles in Ho Chi Minh City, which supply the device in bulk. Dis- guised as a buyer, he ventured into a shop run by Phu, a trader, who resides on Cach Mang Thang Tam Street, District 3. The shop, which was brim- ming with e-cigarette smoking kits and some 100 bottles of essential oil [e-liquid], was packed with customers…" China and Her Special Administrative Regions It supposedly was in China that a local pharmacist invented the first e-cigarette in 2003, a relatively simple gadget that has since been succeeded by considerably more sophisticated and technologi- cally-refined devices. The invention also triggered an incredible boom in China, with a constantly expanding industry primarily centered around the cities of Shenzhen, Zhuhai, and Guangzhou that is today, supplying some 90% of the global de- mand in e-smoking equipment, as well as a major portion of accessories and e-liquids. Accordingly, the import, export, sale, and use of e-cigarettes in China is legal, although tougher tobacco laws introduced in certain places like Shanghai, for ex- ample, also prohibit the use of e-smoking devices in non-smoking areas. In China's special administrative region of Hong Kong, situated directly south of the Shen- zhen e-cigarette manufacturing hub, the Council on Smoking and Health, at least since early 2015, has been actively campaigning for a total ban on the sale and use of e-cigarettes in the territory. The council reportedly even wants to see the disman- tling of the entire e-cigarette manufacturing indus- try in Shenzhen and elsewhere in China. In Hong Kong itself, nicotine-based e-smoking devices (i.e. ENDS) are currently classified as a Type I poison under the Pharmacy and Poisons Ordinance. Ac- cordingly, both sale and possession of these are prohibited and violators are subject to a fine of up to HKD100,000 (approximately US$12,900) and/ or a prison term of two years. On the other hand, the law does not cover any electronic non-nicotine delivery systems (ENNDS), which are thus per- fectly legal. Located only about 64 kilometers southwest of Hong Kong, the special administrative region of Macau (often also spelled as Macao), to the north borders on Zhuhai, is another important e- cigarette manufacturing base in mainland China. In November 2015, the local Health Bureau said it did not agree with a survey suggesting that smok- ers would like to be able to choose to switch to less harmful alternatives to traditional tobacco products, such as e-cigarettes. The authority thus defended its proposed ban on sales of e-cigarettes, which if confirmed by the local government will be enacted as an amendment to Macau's Tobacco Control Law. But this appears not to have hap- pened yet, which makes e-smoking devices legal in the territory – for the time being, that is. Taiwan: Legal Loopholes Just across the straits of the same name, Taiwan has its own legislative method of at least trying to curb the influx and sale of e-smoking devices. All e-cigarette related products require a license. For some (i.e. those dispensing nicotine) even a phar-

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