Last updated: February 5, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health

Fine, Jail, Other

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

Analysis

A natural person who violates the packaging and labeling law is subject to a fine of two hundred thousand dollars and imprisonment for three months. A business that violates the packaging and labeling law is subject to a fine of nine million dollars.

In addition to the above penalty, the court may order corrective action the cost of which must be paid by the defendant. Corrective action may include public notification of offenses, cease and desist orders, forfeiture of contributions, confiscation and destruction of product, and/or suspension or revocation of licenses. In addition, where any person derives a financial benefit, directly or indirectly, from any act or omission under the law, all proceeds so gained shall be forfeited. Each day an offense continues constitutes a separate offense.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect penalties. To align more fully, the law should also impose increased penalties for repeat offenses.

Importer

Ministry of Health

Fine, Jail, Other

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

Analysis

A natural person who violates the packaging and labeling law is subject to a fine of two hundred thousand dollars and imprisonment for three months. A business that violates the packaging and labeling law is subject to a fine of nine million dollars.

In addition to the above penalty, the court may order corrective action the cost of which must be paid by the defendant. Corrective action may include public notification of offenses, cease and desist orders, forfeiture of contributions, confiscation and destruction of product, and/or suspension or revocation of licenses. In addition, where any person derives a financial benefit, directly or indirectly, from any act or omission under the law, all proceeds so gained shall be forfeited. Each day an offense continues constitutes a separate offense.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect penalties. To align more fully, the law should also impose increased penalties for repeat offenses.

Wholesaler

Ministry of Health

Fine, Jail, Other

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

Analysis

A natural person who violates the packaging and labeling law is subject to a fine of two hundred thousand dollars and imprisonment for three months. A business that violates the packaging and labeling law is subject to a fine of nine million dollars.

In addition to the above penalty, the court may order corrective action the cost of which must be paid by the defendant. Corrective action may include public notification of offenses, cease and desist orders, forfeiture of contributions, confiscation and destruction of product, and/or suspension or revocation of licenses. In addition, where any person derives a financial benefit, directly or indirectly, from any act or omission under the law, all proceeds so gained shall be forfeited. Each day an offense continues constitutes a separate offense.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect penalties. To aligh more fully, the law should also impose increased penalties for repeat offenses.

Retailer

Ministry of Health

Fine, Jail, Other

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

Analysis

A natural person who violates the packaging and labeling law is subject to a fine of two hundred thousand dollars and imprisonment for three months. A business that violates the packaging and labeling law is subject to a fine of nine million dollars.

In addition to the above penalty, the court may order corrective action the cost of which must be paid by the defendant. Corrective action may include public notification of offenses, cease and desist orders, forfeiture of contributions, confiscation and destruction of product, and/or suspension or revocation of licenses. In addition, where any person derives a financial benefit, directly or indirectly, from any act or omission under the law, all proceeds so gained shall be forfeited. Each day an offense continues constitutes a separate offense.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect penalties. To align more, the law should also impose increased penalties for repeat offenses.