MOH’s Advisory on New Anti-vape Laws Raises Privacy Concern
SINGAPORE – New anti-vaping laws set to take effect in May are sparking concerns among storage providers, as the requirements outlined by the Ministry of Health (MOH) raise questions about privacy and enforcement responsibilities. Under the recently passed Tobacco and Vaporisers Control Act, storage operators must now ensure their facilities are not being used to store illegal vaping products – failure to comply could result in severe penalties.
The legislation, passed on March 6, introduces measures to address the growing issue of illegal vaping operations. Storage providers who fail to prevent the storage of vapes could face fines of up to $100,000 and a jail term of up to three years for a first offence. Repeat offenders risk double the penalties. These measures come after several high-profile busts of illegal vape storage operations, including one where over 400,000 vapes and components valued at more than $5 million were seized.
Industry Concerns Over Feasibility and Privacy
Storage operators have expressed concern over the feasibility of these new requirements, particularly since they lack enforcement powers and are constrained by client privacy regulations. Lock and Store’s storage manager, Nur Haziqah, shared an example where a potential client refused to disclose the purpose of renting a unit, insisting they were merely storing "five boxes." She turned the individual away, citing company protocol on handling suspicious cases.
Similar cases, though rare, highlight the challenges storage providers face in screening tenants. Operators are required to collect basic documentation, such as identity cards and contact details, but often deal with resistance. Some clients insist on paying in cash and refuse to provide proper documentation, according to Ms Haziqah.
Helen Ng, chief executive of Lock and Store and chair of the Self Storage Association Asia, noted the limitations of these new regulations. "As customers typically store their belongings in sealed cartons, operators are not able to inspect the contents of every box. Enforcement is therefore more appropriately carried out at the point of import by Customs authorities", she said.
Ms Ng added that in most past cases involving contraband like drugs or duty-unpaid cigarettes, enforcement agencies took the lead, with storage operators cooperating when alerted. She also highlighted practical challenges, stating, "Items are usually stored in sealed cartons, making it unrealistic for operators to verify the contents of every box."
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Privacy and Manpower Limitations
Another major concern raised by industry players is that the requirements conflict with privacy regulations. Mr Jes Johansen, CEO of Storefriendly, explained that operators do not have access to clients’ full NRIC details due to data protection laws and cannot enter storage units because clients secure them with personal padlocks. He said, "As private operators, we do not have enforcement powers, so our role is largely limited to discouraging such activities and cooperating with the relevant authorities if necessary."
A spokesperson for Spacehub, a storage provider in Woodlands, echoed this sentiment, stating that their front-line staff are not trained for enforcement duties. "Vape devices are small and easy to conceal, and unless someone is using them openly, it can be difficult for staff to detect", noted the spokesperson.
The Health Sciences Authority (HSA) attempted to address these concerns by issuing a 10-page handbook, Exercising Due Care For Owners And Occupiers Of Commercial Premises, which outlines expectations for storage operators. These include conducting basic tenant screenings, regular inspections, staff training to identify suspicious activities, and spot checks. However, operators are still seeking greater clarity on the specifics of these requirements, particularly given their manpower constraints.
Limited Time for Compliance
The new regulations are set to be operational from May 1, leaving operators with just over a month to train staff and implement compliance measures. Ms Ng emphasised the urgency of clearer guidelines, stating that while many operators have already prohibited vapes in their facilities, enforcing the new rules is not straightforward. "If prohibited items are difficult to detect even at the point of import, it would be equally challenging for storage operators to identify them once they are packed and stored", she said.
HSA has agreed to engage with industry associations in April to address their queries and provide further guidance on compliance. In the meantime, operators remain wary of the potential legal liabilities, with some questioning how they can balance enforcement responsibilities with privacy obligations.
The MOH’s new anti-vape measures are part of wider efforts to combat illegal vaping, but their implementation underscores a growing tension between public health priorities and the operational realities of private businesses. Whether these regulations will achieve their intended impact remains to be seen, as storage providers continue to navigate the challenges ahead.
