LANGUAGE
Last updated: January 14th 2021

Penalties

Violation
Enforcement Agency
Sanction(s)
 

Content regulation

Ministry of Health and Medical Services
Fine, Jail
Entities that can be held responsible:

Manufacturer, importer

Analysis

For individuals, violations of content regulations are punishable by a fine of up to 20,000 penalty units or imprisonment of up to two years for a first offense. For a second or subsequent offense, violations are punishable by a fine of up to 50,000 penalty units or imprisonment of up to four years.

For corporate bodies, violations of content regulations are punishable by a fine of up to 500,000 penalty units. For a second or subsequent offense, violations are punishable by a fine of up to 1,000,000 penalty units.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.

Law Source, Section

Disclosure requirement

Ministry of Health and Medical Services
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Entities that can be held responsible:

Manufacturer, importer

Analysis

For individuals, violations of disclosure requirements are punishable by a fine of up to 20,000 penalty units or imprisonment of up to two years for a first offense. For a second or subsequent offense, violations are punishable by a fine of up to 50,000 penalty units or imprisonment of up to four years.

For corporate bodies, violations of the disclosure requirement are punishable by a fine of up to 500,000 penalty units. For a second or subsequent offense, violations are punishable by a fine of up to 1,000,000 penalty units.

The law also authorizes confiscation, forfeiture, and destruction of packs where the reporting requirement has not been met. The violator may be required to pay the reasonable costs incurred by an authorized officer for confiscating and destroying the tobacco products.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.

Law Source, Section
Articles 34(2), 37