Last updated: February 24, 2020
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
A person who violates the packaging and labeling provisions is subject to: a fine of not less than 24 currency points (a currency point is equivalent to 20,000 shillings), or imprisonment of not less than one year, or both. A corporate entity, in addition to these penalties, may be subject to: a fine of not less than 1,000 currency points, suspension of trading license for not less than six months, and order for surrender of any proceeds of sale of the product to the government. In addition, the court shall order the seizure, forfeiture, and destruction of tobacco products not conforming to the packaging and labeling requirements.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it provides for a range of fines or other penalties commensurate with the severity of the violation.
Importer
(e.g., seizure of the product, publication of the violation/violator)
A person who violates the packaging and labeling provisions is subject to: a fine of not less than 24 currency points (a currency point is equivalent to 20,000 shillings), or imprisonment of not less than one year, or both. A corporate entity, in addition to these penalties, may be subject to: a fine of not less than 1,000 currency points, suspension of trading license for not less than six months, and order for surrender of any proceeds of sale of the product to the government. In addition, the court shall order the seizure, forfeiture, and destruction of tobacco products not conforming to the packaging and labeling requirements.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it provides for a range of fines or other penalties commensurate with the severity of the violation.
Wholesaler
(e.g., seizure of the product, publication of the violation/violator)
A person who violates the packaging and labeling provisions is subject to: a fine of not less than 24 currency points (a currency point is equivalent to 20,000 shillings), or imprisonment of not less than one year, or both. A corporate entity, in addition to these penalties, may be subject to: a fine of not less than 1,000 currency points, suspension of trading license for not less than six months, and order for surrender of any proceeds of sale of the product to the government. In addition, the court shall order the seizure, forfeiture, and destruction of tobacco products not conforming to the packaging and labeling requirements.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it provides for a range of fines or other penalties commensurate with the severity of the violation.
Retailer
(e.g., seizure of the product, publication of the violation/violator)
A person who violates the packaging and labeling provisions is subject to: a fine of not less than 24 currency points (a currency point is equivalent to 20,000 shillings), or imprisonment of not less than one year, or both. A corporate entity, in addition to these penalties, may be subject to: a fine of not less than 1,000 currency points, suspension of trading license for not less than six months, and order for surrender of any proceeds of sale of the product to the government. In addition, the court shall order the seizure, forfeiture, and destruction of tobacco products not conforming to the packaging and labeling requirements.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it provides for a range of fines or other penalties commensurate with the severity of the violation.
