Last updated: January 14, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Police, authorized officers (as appointed by the Minister)
Fine, Jail
Gavel
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Analysis

Any person, including a manufacturer, who is convicted of violating the warning and labeling requirements is subject to a fine not exceeding $10,000 or to imprisonment not exceeding six months, or both, in the case of a first offense. Any person convicted of a second or subsequent offense is subject to a fine not exceeding $20,000 or to imprisonment not exceeding 12 months, or both.

Alternatively, the Chief Executive of the Health Sciences Authority has the discretion to “compound” any offense under the Act or its regulations (as authorized by the Composition of Offences Regulations). In doing so, the person in violation agrees to pay a sum not exceeding one half of the amount of the maximum fine for the offense or $5,000, whichever is less, in exchange for having any further proceedings related to the offense dropped.

The same fines for manufacturer, importer, wholesaler, and retailer may not be appropriate. FCTC Art. 11 Guidelines para. 56 provides that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. Singapore should consider whether manufacturers and importers should pay higher fines than wholesalers and retailers.

Importer

Police, authorized officers (as appointed by the Minister)
Fine, Jail
Gavel
Expand to view related litigation
Analysis

Any person, including an importer, who is convicted of violating the warning and labeling requirements is subject to a fine not exceeding $10,000 or to imprisonment not exceeding six months, or both, in the case of a first offense. Any person convicted of a second or subsequent offense is subject to a fine not exceeding $20,000 or to imprisonment not exceeding 12 months, or both.

Alternatively, the Chief Executive of the Health Sciences Authority has the discretion to “compound” any offense under the Act or its regulations (as authorized by the Composition of Offences Regulations). In doing so, the person in violation agrees to pay a sum not exceeding one half of the amount of the maximum fine for the offense or $5,000, whichever is less, in exchange for having any further proceedings related to the offense dropped.

The same fines for manufacturer, importer, wholesaler, and retailer may not be appropriate. FCTC Art. 11 Guidelines para. 56 provides that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. Singapore should consider whether manufacturers and importers should pay higher fines than wholesalers and retailers.

Wholesaler

Police, authorized officers (as appointed by the Minister)
Fine, Jail
Gavel
Expand to view related litigation
Analysis

Any person, including a wholesaler, who is convicted of violating the warning and labeling requirements is subject to a fine not exceeding $10,000 or to imprisonment not exceeding six months, or both, in the case of a first offense. Any person convicted of a second or subsequent offense is subject to a fine not exceeding $20,000 or to imprisonment not exceeding 12 months, or both.

Alternatively, the Chief Executive of the Health Sciences Authority has the discretion to “compound” any offense under the Act or its regulations (as authorized by the Composition of Offences Regulations). In doing so, the person in violation agrees to pay a sum not exceeding one half of the amount of the maximum fine for the offense or $5,000, whichever is less, in exchange for having any further proceedings related to the offense dropped.

The same fines for manufacturer, importer, wholesaler, and retailer may not be appropriate. FCTC Art. 11 Guidelines para. 56 provides that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. Singapore should consider whether manufacturers and importers should pay higher fines than wholesalers and retailers.

Retailer

Police, authorized officers (as appointed by the Minister)
Fine, Jail
Gavel
Expand to view related litigation
Analysis

Any person, including a retailer, who is convicted of violating the warning and labeling requirements is subject to a fine not exceeding $10,000 or to imprisonment not exceeding six months, or both, in the case of a first offense. Any person convicted of a second or subsequent offense is subject to a fine not exceeding $20,000 or to imprisonment not exceeding 12 months, or both.

Alternatively, the Chief Executive of the Health Sciences Authority has the discretion to “compound” any offense under the Act or its regulations (as authorized by the Composition of Offences Regulations). In doing so, the person in violation agrees to pay a sum not exceeding one half of the amount of the maximum fine for the offense or $5,000, whichever is less, in exchange for having any further proceedings related to the offense dropped.

The same fines for manufacturer, importer, wholesaler, and retailer may not be appropriate. FCTC Art. 11 Guidelines para. 56 provides that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. Singapore should consider whether manufacturers and importers should pay higher fines than wholesalers and retailers.