Last updated: January 19, 2024
Penalties
Advertising and Promotion
Director General of Health
The Act establishes the procedure for the appointment of enforcement officers. Enforcement officers must be: 1) appointed by the Director-General of Health, and 2) employees of the Ministry of Health, local authority, or a District Health Board, officers designated under section 7A of the Health Act 1956, inspectors appointed under section 163 of the Health and Safety at Work Act 2015, or employees or officers of some other person or body.
Most violations of advertising and promotion provisions are punishable by fines in the following amounts:
(1) a manufacturer, importer, or distributor - up to $600,000, or up to $200,000 if it relates to smokeless tobacco products;
(2) a larger retailer - up to $200,000, or up to $70,000 if it relates to smokeless tobacco products; and
(3) any other person - up to $50,000, or up to $15,000 if it relates to smokeless tobacco products.
A retailer who violates tobacco product display provisions (in violation of Sec. 37) is subject to a fine of up to $10,000. Offering a gift, rebate, or right to participate in a competition (in violation of Sec. 36) is punishable by a fine of up to $10,000 for manufacturers, importers, or distributors, and up to $5,000 in any other case.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to imposing penalties commensurate with the severity of the offense. To align more fully, the drafters of the law should consider imposing a range of penalties, including license suspension and revocation and/or corrective action.
Sponsorship
Director General of Health
The Act establishes the procedure for the appointment of enforcement officers. Enforcement officers must be: 1) appointed by the Director-General of Health, and 2) employees of the Ministry of Health, local authority, or a District Health Board, officers designated under section 7A of the Health Act 1956, inspectors appointed under section 163 of the Health and Safety at Work Act 2015, or employees or officers of some other person or body.
Violations of sponsorship provisions are punishable by fines in the following amounts:
(1) a manufacturer, importer, or distributor - up to $600,000, or up to $200,000 if it relates to smokeless tobacco products;
(2) a larger retailer - up to $200,000, or up to $70,000 if it relates to smokeless tobacco products; and
(3) any other person - up to $50,000, or up to $15,000 if it relates to smokeless tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to imposing penalties commensurate with the severity of the offense. To align more fully, the drafters of the law should consider imposing a range of penalties, including license suspension and revocation and/or corrective action.
