Last updated: May 15, 2020
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 is subject to a first-time fine up to 1,000 Emalangeni or a three-month imprisonment. Subsequent offenses are subject to a fine up to 5,000 Emalangeni or a one-year imprisonment. For violations by a “body corporate or an association of persons,” a first-time fine cannot exceed 30,000 Emalangeni, and subsequent offenses cannot exceed a fine of 50,000 Emalangeni. Non-compliant products can be seized and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for increasing fines and penalties for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing alternative penalties such as license suspension or revocation.
Importer
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 is subject to a first-time fine up to 1,000 Emalangeni or a three-month imprisonment. Subsequent offenses are subject to a fine up to 5,000 Emalangeni or a one-year imprisonment. For violations by a “body corporate or an association of persons,” a first-time fine cannot exceed 30,000 Emalangeni, and subsequent offenses cannot exceed a fine of 50,000 Emalangeni. Non-compliant products can be seized and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for increasing fines and penalties for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing alternative penalties such as license suspension or revocation.
Wholesaler
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 is subject to a first-time fine up to 1,000 Emalangeni or a three-month imprisonment. Subsequent offenses are subject to a fine up to 5,000 Emalangeni or a one-year imprisonment. For violations by a “body corporate or an association of persons,” a first-time fine cannot exceed 30,000 Emalangeni, and subsequent offenses cannot exceed a fine of 50,000 Emalangeni. Non-compliant products can be seized and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for increasing fines and penalties for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing alternative penalties such as license suspension or revocation.
Retailer
(e.g., seizure of the product, publication of the violation/violator)
The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 is subject to a first-time fine up to 1,000 Emalangeni or a three-month imprisonment. Subsequent offenses are subject to a fine up to 5,000 Emalangeni or a one-year imprisonment. For violations by a “body corporate or an association of persons,” a first-time fine cannot exceed 30,000 Emalangeni, and subsequent offenses cannot exceed a fine of 50,000 Emalangeni. Non-compliant products can be seized and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for increasing fines and penalties for violating packaging and labeling provisions. However, to more fully align, the law should consider imposing alternative penalties such as license suspension or revocation.
