LANGUAGE
Last updated: September 28th 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

General Bureau of Health Inspection, Department of Hygiene, National Council for Tobacco Control, police and constabulary
None
Analysis

Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.

Importer

General Bureau of Health Inspection, Department of Hygiene, National Council for Tobacco Control, police and constabulary
None
Analysis

Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.

Wholesaler

General Bureau of Health Inspection, Department of Hygiene, National Council for Tobacco Control, police and constabulary
None
Analysis

Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.

Retailer

General Bureau of Health Inspection, Department of Hygiene, National Council for Tobacco Control, police and constabulary
None
Analysis

Under Decree No. 2018-217, manufacturers, importers, wholesalers, and retailers are responsible for compliance with packaging and labeling requirements. However, the law does not specify the penalties for violations.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violation and the legal duty of the violator. The penalties also should outweigh the potential economic benefits to be derived and should increase for repeat violations.