The New Taipei City Council passed the draft New Taipei City self-government ordinance for e-cigarettes and heated tobacco devices on its third reading on April 29. In addition to stipulating that people under the age of 18 are not allowed to smoke or possess e-cigarettes and heated smoking devices, the ordinance also prohibits the manufacture and sale of e-cigarettes in New Taipei City. This means in effect that e-cigarettes will not be allowed in New Taipei City in future. Offenders will be fined from NT$10,000 up to NT$100,000 and may be fined consecutively per violation or ordered to suspend their business or manufacture.
Chen Ran-chou, Commissioner of New Taipei City Government’s Department of Health, said that according to a survey conducted by the Ministry of Health and Welfare’s National Health Agency, the number of young people smoking e-cigarettes has increased. However, the Tobacco Hazards Prevention Act only regulates the prohibition of tobacco imports and sales, and there is no law applicable to those who bring in e-cigarettes from abroad for their own use and possession. In addition, the penalty for illegally selling e-cigarettes is only a fine of NT$1,000 to NT$3,000. Moreover, the penalties apply only to cigarette-shaped devices — but electronic cigarettes come in various shapes and forms, so that businesses that sell non-cigarette-shaped e-cigarettes tend to win their appeals after being fined.
Now that the New Taipei City self-government ordinance for e-cigarettes and heated tobacco devices has been passed, it will be processed by the Executive Yuan for approval. After approval, the ordinance will be promulgated and go into force in three months, making New Taipei City the seventh city or county to have such an ordinance regulating e-cigarettes, following Hsinchu City, Taichung, Chiayi County, Yilan County, Kaohsiung and Taoyuan, but New Taipei City’s regulations are by far the strictest.
Photo: Huang Mei-chu, Liberty Times 照片：自由時報記者黃美珠
(Translated by Lin Lee-kai, Taipei Times)
新北市議會四月二十九日三讀通過「新北市電子煙及加熱式菸具管理自治條例」，除了規範未滿十八歲者不得吸菸或持有電子煙及加熱式菸具，也禁止在新北市製造及販賣，形同未來在新北市內不得出現電子煙；一旦違反，將處一萬元以上、十萬元以下罰鍰，並得按次處罰或勒令停業、停工。
衛生局長陳潤秋表示，依據衛福部國民健康署調查，青少年吸電子煙比率增加，但「菸害防制法」僅規範不可以輸入、販賣，對自行從國外帶進來吸食、持有的，無法可管，且對違規販售電子煙也僅能開罰一千元到三千元；此外，開罰對象也限具菸品形狀，但電子煙的形狀五花八門，以致販售不具菸品形狀電子煙的業者被罰後，常能訴願成功。
Photo: AFP 照片：法新社
「新北市電子煙及加熱式菸具管理自治條例」通過後，將送行政院核定，核定通過後將在三個月內公告實施，成為繼新竹市、台中市、嘉義縣、宜蘭縣、高雄市、桃園市後，第七個通過自治條例的縣市，但規範最為嚴格。
(自由時報記者何玉華)
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