Last updated: February 27, 2023

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Local authority boards of health
Fine, Jail
Analysis

Anyone who sells or distributes tobacco products in violation of the packaging and labeling provisions is subject to a fine, or in the case of serious or repeated offense, imprisonment for up to two years. The Tobacco Control Act does not specify the amount of the fine but states that local authority boards of health may apply the same sanctions as stated in Art. 27 of the Health and Pollution Control Act no. 7/1998.

The law aligns with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 56 in that the law imposes “a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” However, to fully align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 57, the drafters of the law should consider imposing other penalties, such as “the suspension, limitation or cancellation of business and import licences.”

Importer

Local authority boards of health
Fine, Jail
Analysis

Anyone who sells or distributes tobacco products in violation of the packaging and labeling provisions is subject to a fine, or in the case of serious or repeated offense, imprisonment for up to two years. The Tobacco Control Act does not specify the amount of the fine but states that local authority boards of health may apply the same sanctions as stated in Art. 27 of the Health and Pollution Control Act no. 7/1998.

The law aligns with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 56 in that the law imposes “a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” However, to fully align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 57, the drafters of the law should consider imposing other penalties, such as “the suspension, limitation or cancellation of business and import licences.”

Wholesaler

Local authority boards of health
Fine, Jail
Analysis

Anyone who sells or distributes tobacco products in violation of the packaging and labeling provisions is subject to a fine, or in the case of serious or repeated offense, imprisonment for up to two years. The Tobacco Control Act does not specify the amount of the fine but states that local authority boards of health may apply the same sanctions as stated in Art. 27 of the Health and Pollution Control Act no. 7/1998.

The law aligns with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 56 in that the law imposes “a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” However, to fully align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 57, the drafters of the law should consider imposing other penalties, such as “the suspension, limitation or cancellation of business and import licences.”

Retailer

Local authority boards of health
Fine, Jail
Analysis

Anyone who sells or distributes tobacco products in violation of the packaging and labeling provisions is subject to a fine, or in the case of serious or repeated offense, imprisonment for up to two years. The Tobacco Control Act does not specify the amount of the fine but states that local authority boards of health may apply the same sanctions as stated in Art. 27 of the Health and Pollution Control Act no. 7/1998.

The law aligns with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 56 in that the law imposes “a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” However, to fully align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 57, the drafters of the law should consider imposing other penalties, such as “the suspension, limitation or cancellation of business and import licences.”