The Public Health Act authorizes the Food and Drug Authority to appoint persons to act as inspectors or analysts under the Act. The law states that an inspector an analyst “may” enter and inspect a place and the FDA “may” prosecute violators of the Act. Thus, the Act provides discretion and does not impose a duty to enforce on the FDA.

To align more fully with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty to enforce upon the authorized agency and specify inspection and enforcement duties.