Last updated: March 12, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Sanitary police
Fine, License suspension or revocation, Other

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

Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates health warning requirements is subject to a fine between 50,000-100,000 Ouguiya. Additionally, seized products are to be destroyed. An establishment or industrial facility can be ordered to close for a period of 15-30 days, and upon subsequent convictions, an establishment or industrial facility must be definitively closed.

Any person who violates the prohibition on figures for emission yields or the prohibition on misleading packaging and labeling is also subject to a fine between 50,000-100,000 Ouguiya.

Any person who violates other standards to be defined by administrative order of the Minister of Public Health is subject to a fine of between 50,000-1,000,000 Ouguiya, as well as destruction of seized products and temporary and permanent closings of establishments or industrial facilities.

Finally, in all cases where fines are provided, repeat offenses are to be doubled. Additionally, publication of any convicted violators is permitted.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties.

Importer

Sanitary police
Fine, License suspension or revocation, Other

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

Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates health warning requirements is subject to a fine between 50,000-100,000 Ouguiya. Additionally, seized products are to be destroyed. An establishment or industrial facility can be ordered to close for a period of 15-30 days, and upon subsequent convictions, an establishment or industrial facility must be definitively closed.

Any person who violates the prohibition on figures for emission yields or the prohibition on misleading packaging and labeling is also subject to a fine between 50,000-100,000 Ouguiya.

Any person who violates other standards to be defined by administrative order of the Minister of Public Health is subject to a fine of between 50,000-1,000,000 Ouguiya, as well as destruction of seized products and temporary and permanent closings of establishments or industrial facilities.

Finally, in all cases where fines are provided, repeat offenses are to be doubled. Additionally, publication of any convicted violators is permitted.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties.

Wholesaler

Sanitary police
Fine, License suspension or revocation, Other

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

Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates health warning requirements is subject to a fine between 50,000-100,000 Ouguiya. Additionally, seized products are to be destroyed. An establishment or industrial facility can be ordered to close for a period of 15-30 days, and upon subsequent convictions, an establishment or industrial facility must be definitively closed.

Any person who violates the prohibition on figures for emission yields or the prohibition on misleading packaging and labeling is also subject to a fine between 50,000-100,000 Ouguiya.

Any person who violates other standards to be defined by administrative order of the Minister of Public Health is subject to a fine of between 50,000-1,000,000 Ouguiya, as well as destruction of seized products and temporary and permanent closings of establishments or industrial facilities.

Finally, in all cases where fines are provided, repeat offenses are to be doubled. Additionally, publication of any convicted violators is permitted.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties.

Retailer

Sanitary police
Fine, License suspension or revocation, Other

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

Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates health warning requirements is subject to a fine between 50,000-100,000 Ouguiya. Additionally, seized products are to be destroyed. An establishment or industrial facility can be ordered to close for a period of 15-30 days, and upon subsequent convictions, an establishment or industrial facility must be definitively closed.

Any person who violates the prohibition on figures for emission yields or the prohibition on misleading packaging and labeling is also subject to a fine between 50,000-100,000 Ouguiya.

Any person who violates other standards to be defined by administrative order of the Minister of Public Health is subject to a fine of between 50,000-1,000,000 Ouguiya, as well as destruction of seized products and temporary and permanent closings of establishments or industrial facilities.

Finally, in all cases where fines are provided, repeat offenses are to be doubled. Additionally, publication of any convicted violators is permitted.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties.