Last updated: July 29, 2022

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Health Authority; Municipal Inspectors; Local Police Magistrates - once the government enacts regulations

N/A
Entities that can be held responsible

Manufacturers, importers - once the government enacts regulations

Analysis

The Ministry of Health has not yet enacted content regulations. Once enacted, violations of content regulations are punishable by a fine of 500 to 1000 monthly tax units and tobacco product seizure. If two or more offenses are committed within a period of less than one year, the fine may be doubled.

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should regulate the contents of tobacco products. The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it establishes sanctions for content regulation violations.

Disclosure requirement

Health Authority; Municipal Inspectors; Local Police Magistrates
Fine, Business License suspension or revocation
Entities that can be held responsible

Manufacturers, importers

Analysis

Violations of disclosure provisions are punishable by a fine of 101 to 500 monthly tax units and potential product seizure. If two or more offenses are committed within a period of less than one year, the fine may be doubled.

The non-binding Manual for the Implementation of the Law on Tobacco Control issued by the Ministry of Health provides that the Tobacco Office must inform the Health Ministry’s regional offices (SEREMI) regarding those products that are prohibited from being commercialized in accordance with the disclosure regulations.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.