Last updated: May 15, 2020
Penalties
Manufacturer
The National Customs and Tax Office, DIAN, is responsible for inspection of tobacco products at ports pursuant to its jurisdiction, and the Office of Superintendent of Industry and Commerce is responsible for inspection and enforcement once it is on the national market.
Violations of packing and labeling requirements (Art. 13 of the Law No. 1335) are subject to a fine of from two hundred fifty (250) to three hundred (300) prevailing monthly legal minimum salaries. For repeat offenses, the penalty is between three hundred fifty (350) and four hundred (400) prevailing monthly legal minimum salaries.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of fines, with higher fines for repeat offenses. However, the law could more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines if it provided for a range of penalties, including license suspension and revocation.
Importer
The National Customs and Tax Office, DIAN, is responsible for inspection of tobacco products at ports pursuant to its jurisdiction, and the Office of Superintendent of Industry and Commerce is responsible for inspection and enforcement once it is on the national market.
Violations of packing and labeling requirements (Art. 13 of the Law No. 1335) are subject to a fine of from two hundred fifty (250) to three hundred (300) prevailing monthly legal minimum salaries. For repeat offenses, the penalty is between three hundred fifty (350) and four hundred (400) prevailing monthly legal minimum salaries.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of fines, with higher fines for repeat offenses. However, the law could more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines if it provided for a range of penalties, including license suspension and revocation.
Wholesaler
The National Customs and Tax Office, DIAN, is responsible for inspection of tobacco products at ports pursuant to its jurisdiction, and the Office of Superintendent of Industry and Commerce is responsible for inspection and enforcement once it is on the national market.
Violations of packing and labeling requirements (Art. 13 of the Law No. 1335) are subject to a fine of from two hundred fifty (250) to three hundred (300) prevailing monthly legal minimum salaries. For repeat offenses, the penalty is between three hundred fifty (350) and four hundred (400) prevailing monthly legal minimum salaries.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of fines, with higher fines for repeat offenses. However, the law could more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines if it provided for a range of penalties, including license suspension and revocation.
Retailer
The National Customs and Tax Office, DIAN, is responsible for inspection of tobacco products at ports pursuant to its jurisdiction, and the Office of Superintendent of Industry and Commerce is responsible for inspection and enforcement once it is on the national market.
Violations of packing and labeling requirements (Art. 13 of the Law No. 1335) are subject to a fine of from two hundred fifty (250) to three hundred (300) prevailing monthly legal minimum salaries. For repeat offenses, the penalty is between three hundred fifty (350) and four hundred (400) prevailing monthly legal minimum salaries.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of fines, with higher fines for repeat offenses. However, the law could more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines if it provided for a range of penalties, including license suspension and revocation.
