Last updated: February 26, 2020

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)

Advertising and Promotion

Any person who violates any advertising and promotion provisions of the Tobacco Order 2005, including all entities in the tobacco industry and advertising industry
None
Enforcement Agency

Ministry of Health, Police, and Authorized Officers

Analysis

Any person that violates the ban on advertising set forth in Sec. 17 or the promotion provisions of Sec. 7 of the Tobacco Order 2005 is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. Any person violating the provisions banning the sale of toys or candy imitating tobacco products (Sec. 6) is subject to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. Corporate bodies as well as individuals may be found guilty of an offense. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

The Minister of Health may appoint any person as an "authorized officer." Police and authorized officers have the power to arrest, and enter and inspect business premises. They may order the removal of advertisements and seize advertisements.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, higher penalties for repeat offenses, and holds corporate bodies as well as individuals liable for offenses.

Sponsorship

Any person who violates the ban on sponsorship provision of the Tobacco Order 2005, including all entities in the tobacco industry and advertising industry.
None
Enforcement Agency

Ministry of Health, Police, and Authorized Officers

Analysis

Any person that violates the ban on sponsorship set forth in Sec. 8 of the Tobacco Order 2005 is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. Corporate bodies as well as individuals may be found guilty of an offense. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

The Minister of Health may appoint any person as an "authorized officer." Police and authorized officers have the power to arrest, and enter and inspect business premises. They may order the removal of sponsorship materials and seize sponsorship materials.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, higher penalties for repeat offenses, and holds corporate bodies as well as individuals liable for offenses.