Last updated: March 18, 2024

Penalties

Sanctions

Sales Restrictions

Fine, Business License suspension or revocation
Analysis

Violators of the sales restrictions are subject to a fine of one to five unified basic remunerations of the general private worker.

For repeat offenses, penalties are increased to: (i) a fine from six to ten unified basic remunerations of the general private worker for the first repeat offense; (ii) temporary closure of the establishment from one to eight days for a second repeat offense; and (iii) closure for 15 days for a third or more repeat offenses. However, the law establishes that the following entities will not be closed even if they are found in violation of the law: healthcare facilities, educational institutions, or public institutions or government buildings.

The National Health Authority, in coordination with the Ministry of Internal Security, the National Police and the decentralized and autonomous governments, are responsible for monitoring and controlling compliance with the Organic Law and its regulations. The National Health Authority can act on its own or upon request.

Location-based Sales Restrictions

Fine, Business License suspension or revocation
Analysis

Violations of location-based sales restrictions are punishable by a fine of one to five unified basic remunerations of the general private worker.

For repeat offenses, penalties are increased to: (i) a fine from six to ten unified basic remunerations of the general private worker for the first repeat offense; (ii) temporary closure of the establishment from one to eight days for a second repeat offense; and (iii) closure for 15 days for a third or more repeat offenses. However, the law establishes that the following entities will not be closed even if they are found in violation of the law: healthcare facilities, educational institutions, or public institutions or government buildings.

The National Health Authority, in coordination with the Ministry of Internal Security, the National Police and the decentralized and autonomous governments, is responsible for monitoring and controlling compliance with the Organic Law and its regulations. The National Health Authority can act on its own or upon request.

Minimum Retail Package Size

Fine, Business License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Violations of the minimum retail package size are punishable by a fine of 50 to 100 unified basic remunerations of the general private worker.

For repeat offenses, penalties are increased to: (i) a fine from 100 to 200 unified basic remunerations of the general private worker and temporary closure of up to eight days for the first repeat offense; and (ii) a fine from 100 to 200 unified basic remunerations of the general private worker and temporary closure for 15 days for subsequent offenses.

In addition to the sanctions mentioned above, the National Health Authority will seize the products that are not in compliance with the minimum retail package size. All seized products will be destroyed using methods that do not affect the environment, and this procedure will be recorded in a document signed by the Authority and the owner of the products.

The National Health Authority, in coordination with the Ministry of Internal Security, the National Police and the decentralized and autonomous governments, is responsible for monitoring and controlling compliance with the Organic Law and its regulations. The National Health Authority can act on its own or upon request.

Minimum Legal Sales Age

Fine, Business License suspension or revocation
Analysis

Violations of the ban on sales to persons below the age of 18 are punishable by a fine from one to five unified basic remunerations of the general private worker.

For repeat offenses, penalties are increased to: (i) a fine from six to ten unified basic remunerations of the general private worker for the first repeat offense; (ii) temporary closure of the establishment from one to eight days for a second repeat offense; and (iii) closure for 15 days for a third or more repeat offenses. However, the law establishes that the following entities will not be closed even if they are found in violation of the law: healthcare facilities, educational institutions, or public institutions or government buildings.

The National Health Authority, in coordination with the Ministry of Internal Security, the National Police and the decentralized and autonomous governments, is responsible for monitoring and controlling compliance with the Organic Law and its regulations. The National Health Authority can act on its own or upon request.