Last updated: January 14, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry for Health and Medical Services
Fine, Jail, Other

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

Analysis

Penalties for offenses are outlined in Art. 37 of the Tobacco Control Act, and include fines and potential prison sentences for individuals and fines for a “body corporate”. The Tobacco Control Regulations specifically state that “a manufacturer … shall ensure that health warnings, including graphic health warnings, shall be displayed on the package. . . .”

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

In addition, if a person is convicted of an offense under Art. 9 (Warnings and constituent information) or Art. 11 (Misleading labeling prohibited), the court may, in addition to other penalties, order that the tobacco products be confiscated and destroyed and that the convicted person pay the costs incurred for confiscating and destroying the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and increased penalties for repeat offenses. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.

Importer

Ministry for Health and Medical Services
Fine, Jail, Other

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

Analysis

Penalties for offenses are outlined in Art. 37 of the Tobacco Control Act, and include fines and potential prison sentences for individuals and fines for a “body corporate”. The Tobacco Control Regulations specifically state that an “importer shall ensure that health warnings, including graphic health warnings, shall be displayed on the package. . . .”

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

In addition, if a person is convicted of an offense under Art. 9 (Warnings and constituent information) or Art. 11 (Misleading labeling prohibited), the court may, in addition to other penalties, order that the tobacco products be confiscated and destroyed and that the convicted person pay the costs incurred for confiscating and destroying the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and increased penalties for repeat offenses. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.

Wholesaler

Ministry for Health and Medical Services
Fine, Jail, Other

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

Analysis

Penalties for offenses are outlined in Art. 37 of the Tobacco Control Act, and include fines and potential prison sentences for individuals and fines for a “body corporate”.

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

In addition, if a person is convicted of an offense under Art. 9 (Warnings and constituent information) or Art. 11 (Misleading labeling prohibited), the court may, in addition to other penalties, order that the tobacco products be confiscated and destroyed and that the convicted person pay the costs incurred for confiscating and destroying the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and increased penalties for repeat offenses. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.

Retailer

Ministry for Health and Medical Services
Fine, Jail, Other

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

Analysis

Penalties for offenses are outlined in Art. 37 of the Tobacco Control Act, and include fines and potential prison sentences for individuals and fines for a “body corporate”.

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

In addition, if a person is convicted of an offense under Art. 9 (Warnings and constituent information) or Art. 11 (Misleading labeling prohibited), the court may, in addition to other penalties, order that the tobacco products be confiscated and destroyed and that the convicted person pay the costs incurred for confiscating and destroying the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties and increased penalties for repeat offenses. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.