Last updated: February 26, 2024

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health – Enforcement Officers

Fine, Jail, Other

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

Analysis

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law also permits the seizure of tobacco products that do not comply with the regulations.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

To align with the FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for a range of penalties, taking into account the resources of the violator and severity of the offense. In addition, the law should grant the enforcing agency the power to apply corrective action.

Importer

Ministry of Health – Enforcement Officers

Fine, Jail, Other

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

Analysis

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law also permits the seizure of tobacco products that do not comply with the regulations.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

To align with the FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for a range of penalties, taking into account the resources of the violator and severity of the offense. In addition, the law should grant the enforcing agency the power to apply corrective action.

Wholesaler

Ministry of Health – Enforcement Officers

Fine, Jail, Other

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

Analysis

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law also permits the seizure of tobacco products that do not comply with the regulations.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

To align with the FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for a range of penalties, taking into account the resources of the violator and severity of the offense. In addition, the law should grant the enforcing agency the power to apply corrective action.

Retailer

Ministry of Health – Enforcement Officers

Fine, Jail, Other

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

Analysis

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law also permits the seizure of tobacco products that do not comply with the regulations.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

To align with the FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for a range of penalties, taking into account the resources of the violator and severity of the offense. In addition, the law should grant the enforcing agency the power to apply corrective action against violators.