Last updated: July 28, 2023
Penalties
Manufacturer
ERIS (Entidade Reguladora Independente da Saúde); National Police Force; Municipal Police Force; Office of Inspector General of Economic Activities (Inspeção Geral das Atividades Económicas, IGAE)
(e.g., seizure of the product, publication of the violation/violator)
A violation of packaging and labeling requirements by a manufacturing or importer is subject to a fine between $1,000,000.00 (one million escudos) and $2,000,000.00 (two million escudos). The amount is reduced to between $500,000.00 (five hundred thousand escudos) and $800,000.00 (eight hundred thousand escudos) if the infraction is committed by an individual. If the person/entity who committed the violation is a repeat offender, the fine will be increased by a third or half of the minimum amount based on whether there have been one or more than one prior offenses. The violator’s license may also be suspended or revoked and tobacco products may be seized.
Importer
ERIS (Entidade Reguladora Independente da Saúde); National Police Force; Municipal Police Force; Office of Inspector General of Economic Activities (Inspeção Geral das Atividades Económicas, IGAE)
(e.g., seizure of the product, publication of the violation/violator)
A violation of packaging and labeling requirements by a manufacturing or importer is subject to “a fine between $1,000,000.00 (one million escudos) and $2,000,000.00 (two million escudos). The amount is reduced to between $500,000.00 (five hundred thousand escudos) and $800,000.00 (eight hundred thousand escudos) if the infraction is committed by an individual. If the person/entity who committed the violation is a repeat offender, the fine will be increased by a third or half of the minimum amount based on whether there have been one or more than one prior offenses. The violator’s license may also be suspended or revoked and tobacco products may be seized.
Wholesaler
ERIS (Entidade Reguladora Independente da Saúde); National Police Force; Municipal Police Force; Office of Inspector General of Economic Activities (Inspeção Geral das Atividades Económicas, IGAE).
Tobacco packaging and labeling obligations are imposed on the tobacco manufacturers and importers. Wholesalers and retailers are not responsible and therefore no penalties can be imposed on them.
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.
Retailer
ERIS (Entidade Reguladora Independente da Saúde); National Police Force; Municipal Police Force; Office of Inspector General of Economic Activities (Inspeção Geral das Atividades Económicas, IGAE)
Tobacco packaging and labeling obligations are imposed on the tobacco manufacturers and importers. Wholesalers and retailers are not responsible and therefore no penalties can be imposed on them.
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.
