Last updated: March 6, 2020
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
The Decree-Law provides for a fine ranging from US $500-$10,000 “for the tobacco industry if [they violate Arts. 12-14].” “Tobacco industry” is defined to include “all manufacturers, wholesale distributors and importers of tobacco products.”
The law also permits product seizure and forfeiture to, and destruction by, the State for violations of Arts. 12-14.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.
Importer
(e.g., seizure of the product, publication of the violation/violator)
The Decree-Law provides for a fine ranging from US $500-$10,000 “for the tobacco industry if [they violate Arts. 12-14].” “Tobacco industry” is defined to include “all manufacturers, wholesale distributors and importers of tobacco products.”
The law also permits product seizure and forfeiture to, and destruction by, the State for violations of Arts. 12-14.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.
Wholesaler
(e.g., seizure of the product, publication of the violation/violator)
The Decree-Law provides for a fine ranging from US $500-$10,000 “for the tobacco industry if [they violate Arts. 12-14].” “Tobacco industry” is defined to include “all manufacturers, wholesale distributors and importers of tobacco products.”
The law also permits product seizure and forfeiture to, and destruction by, the State for violations of Arts. 12-14.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.
Retailer
(e.g., seizure of the product, publication of the violation/violator)
The Decree-Law provides for a fine ranging from US $70-$1,000 for anyone who sells tobacco products not in compliance with the packaging and labeling requirements. It also permits product seizure and forfeiture to, and destruction by, the State.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.
