Last updated: March 6, 2020

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Department of Health; Institute for Civic and Municipal Affairs; Public Safety Police
Fine, Other

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

Analysis

The law provides for a fine of 20,000 to 200,000 patacas for tobacco industries that violate packaging and labeling provisions. By definition, “tobacco industries” “refers to the companies engaged in the manufacture and wholesale distribution of tobacco products, as well as importers of such products.” The law also provides that products that violate the law may be confiscated and destroyed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the seriousness of the violation. However, to more fully align, the drafters of the law might consider imposing license suspension or revocation penalties for some violations.

Importer

Department of Health; Institute for Civic and Municipal Affairs; Public Safety Police
Fine, Other

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

Analysis

The law provides for a fine of 20,000 to 200,000 patacas for tobacco industries that violate packaging and labeling provisions. By definition, “tobacco industries” “refers to the companies engaged in the manufacture and wholesale distribution of tobacco products, as well as importers of such products.” The law also provides that products that violate the law may be confiscated and destroyed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the seriousness of the violation. However, to more fully align, the drafters of the law might consider imposing license suspension or revocation penalties for some violations.

Wholesaler

Department of Health; Institute for Civic and Municipal Affairs; Public Safety Police
Fine, Other

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

Analysis

The law provides for a fine of 20,000 to 200,000 patacas for tobacco industries that violate packaging and labeling provisions. By definition, “tobacco industries” “refers to the companies engaged in the manufacture and wholesale distribution of tobacco products, as well as importers of such products.” The law also provides that products that violate the law may be confiscated and destroyed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the seriousness of the violation. However, to more fully align, the drafters of the law might consider imposing license suspension or revocation penalties for some violations.

Retailer

Department of Health; Institute for Civic and Municipal Affairs; Bureau of Inspection and Coordination of Games; Public Safety Police
Fine, Other

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

Analysis

The law imposes a fine of 4,000 patacas for retailers that sell tobacco products that do not comply with packaging and labeling provisions. The law also provides that products that violate the law may be confiscated and destroyed.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the seriousness of the violation. However, to more fully align, the drafters of the law might consider imposing license suspension or revocation penalties for some violations.