LANGUAGE
Last updated: June 1st 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Ministry of Public Health; National Health Authority
Fine, Business License Suspension or Revocation
Analysis

Under the Organic Law for the Regulation and Control of Tobacco, manufacturers who violate packaging and labeling provisions of the law are subject to a fine of from fifty (50) to one hundred (100) unified basic remunerations of the general private worker. The first repeat offense is subject to a fine of from one hundred (100) to two hundred (200) unified basic remunerations of the general private worker and temporary closure of up to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days. In addition, noncompliant products are subject to seizure.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and for closure for repeat violations.

Importer

National Health Authority
Fine, Business License Suspension or Revocation
Analysis

The Organic Law for the Regulation and Control of Tobacco imposes liability on manufacturers and marketers (“comercializadores”). “Comercializadores” is interpreted as including importers, wholesalers and retailers. “Comercializadores” who violate packaging and labeling provisions of the law are subject to a fine of from fifty (50) to one hundred (100) unified basic remunerations of the general private worker. The first repeat offense is subject to a fine of from one hundred (100) to two hundred (200) unified basic remunerations of the general private worker and temporary closure of up to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days. In addition, noncompliant products are subject to seizure.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and for closure for repeat violations.

Wholesaler

National Health Authority
Fine, Business License Suspension or Revocation
Analysis

The Organic Law for the Regulation and Control of Tobacco imposes liability on manufacturers and marketers (“comercializadores”). “Comercializadores” is interpreted as including importers, wholesalers and retailers. “Comercializadores” who violate packaging and labeling provisions of the law are subject to a fine of from fifty (50) to one hundred (100) unified basic remunerations of the general private worker. The first repeat offense is subject to a fine of from one hundred (100) to two hundred (200) unified basic remunerations of the general private worker and temporary closure of up to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days. In addition, noncompliant products are subject to seizure.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it provides for a range of penalties, higher penalties for repeat violations, and imposes liability on wholesalers and retailers in addition to manufacturers and importers.

Retailer

National Health Authority
Fine, Business License Suspension or Revocation, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The Organic Law for the Regulation and Control of Tobacco imposes liability on manufacturers and marketers (“comercializadores”). “Comercializadores” is interpreted as including importers, wholesalers and retailers. “Comercializadores” who violate packaging and labeling provisions of the law are subject to a fine of from fifty (50) to one hundred (100) unified basic remunerations of the general private worker. The first repeat offense is subject to a fine of from one hundred (100) to two hundred (200) unified basic remunerations of the general private worker and temporary closure of up to eight (8) days. Subsequent reoccurrences are subject to a similar fine and temporary closure of fifteen (15) days. In addition, noncompliant products are subject to seizure.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it provides for a range of penalties, higher penalties for repeat violations, and imposes liability on wholesalers and retailers in addition to manufacturers and importers.