LANGUAGE
Last updated: September 17th 2019

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Ministry of Health
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law provides for penalties of a fine not exceeding N$200,000 or imprisonment not exceeding ten years, or both. The law also authorizes inspectors to seize non-compliant products. The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding one year, or both.

To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should increase sanctions for repeat offenses.

Importer

Ministry of Health
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law provides for penalties of a fine not exceeding N$200,000 or imprisonment not exceeding ten years, or both. The law also authorizes inspectors to seize non-compliant products. The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding one year, or both.

To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should increase sanctions for repeat offenses.

Wholesaler

Ministry of Health
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law provides for penalties of a fine not exceeding N$200,000 or imprisonment not exceeding ten years, or both. The law also authorizes inspectors to seize non-compliant products. The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding one year, or both.

To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should increase sanctions for repeat offenses.

Retailer

Ministry of Health
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

The law provides for penalties of a fine not exceeding N$200,000 or imprisonment not exceeding ten years, or both. The law also authorizes inspectors to seize non-compliant products. The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding one year, or both.

To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should increase sanctions for repeat offenses.