LANGUAGE
Last updated: October 28th 2019

Penalties

Violation
Enforcement Agency
Sanction(s)
 

Content regulation

Ministry of Health, Food and Drug Agency, Local Government
Other
(e.g., seizure of the product, publication of the violation/violator)
Entities that can be held responsible:

Manufacturer

Analysis

Regulation No. 109 of 2012 states: "Any person who produces tobacco products using additives that are dangerous to health . . . shall be subject to administrative sanctions by the Minister in the form of recall of the product at the expense of the producer." The law does not explicitly call for other penalties. The law further states: "the Minister [of Health], relevant ministers, the Agency Head [of Food and Drug Agency], and Local Governments can take administrative action against violations of the provisions of this Regulation of the Government in accordance with statutory provisions." 

To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should impose sanctions for content regulation violations.

Disclosure requirement

Ministry of Health, Food and Drug Agency, Local Government
Fine, Business License Suspension or Revocation, Jail, Warning, Other
(e.g., seizure of the product, publication of the violation/violator)
Entities that can be held responsible:

Manufacturer and Importer

Analysis

A violation of emission disclosure requirements are subject to criminal sanctions (which is interpreted to mean fines and prison) and administrative sanctions, which "may include: 1) verbal warnings; 2) written warnings; 3) withdrawal of products, to be carried out by the producer or importer on the basis of a warrant of withdrawal from the Agency Head; 4) recommendations for temporary suspension of activities; and/or 5) recommendations for action to be taken by the relevant authorities in accordance with the provisions of laws and regulations." 

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.