LANGUAGE
Last updated: September 17th 2019

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Uncertain
Fine
Analysis

Manufacturers and importers that violate packaging and labeling provisions (Art. 8) are subject to a fine of 50,000 to 500,000 escudos.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for manufacturers and importers that violate packaging and labeling provisions. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation. In addition, the law should specify the government agency responsible for enforcing packaging and labeling provisions.

Importer

Uncertain
Fine
Analysis

Manufacturers and importers that violate packaging and labeling provisions (Art. 8) are subject to a fine of 50,000 to 500,000 escudos.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for manufacturers and importers that violate packaging and labeling provisions. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation. In addition, the law should specify the government agency responsible for enforcing packaging and labeling provisions.

Wholesaler

Uncertain
None
Analysis

The duty to comply with packaging and labeling provisions - Art. 8 of Law No. 119/IV/95 - falls on manufacturers and importers only. Therefore, the penalties in the law apply to manufacturers and importers, and not to wholesalers and retailers.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose responsibility for compliance with packaging and labeling provisions on wholesalers and retailers, as well as manufacturers and importers, and impose penalties commensurate with the severity of the violation. In addition, the law should specify the government agency responsible for enforcing packaging and labeling provisions.

Retailer

Uncertain
None
Analysis

The duty to comply with packaging and labeling provisions - Art. 8 of Law No. 119/IV/95 - falls on manufacturers and importers only. Therefore, the penalties in the law apply to manufacturers and importers, and not to wholesalers and retailers.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose responsibility for compliance with packaging and labeling provisions on wholesalers and retailers, as well as manufacturers and importers, and impose penalties commensurate with the severity of the violation. In addition, the law should specify the government agency responsible for enforcing packaging and labeling provisions.