Last updated: February 11, 2024
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
Ministry of Health Agreement No. 1067 specifies five agencies that have a duty to conduct inspections on printing of health warnings on cigarette packs.
Decree No. 52 provides that individuals or organizations that manufacture or import tobacco products that do not meet the packaging and labeling requirements will be fined 10 million kip for a first offense, 20 million kip for a second offense, and 50 million kip for each subsequent offense. In addition to a fine, third and subsequent offenses may be punishable by license suspension or revocation. Non-compliant tobacco products shall be seized and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines
in that it imposes increased penalties for repeat violations.
Importer
(e.g., seizure of the product, publication of the violation/violator)
Ministry of Health Agreement No. 1067 specifies five agencies that have a duty to conduct inspections on printing of health warnings on cigarette packs.
Decree No. 52 provides that individuals or organizations that manufacture or import tobacco products that do not meet the packaging and labeling requirements will be fined 10 million kip for a first offense, 20 million kip for a second offense, and 50 million kip for each subsequent offense. In addition to a fine, third and subsequent offenses may be punishable by license suspension or revocation. Non-compliant tobacco products shall be seized and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes increased penalties for repeat violations.
Wholesaler
Ministry of Health Agreement No. 1067 specifies five agencies that have a duty to conduct inspections on printing of health warnings on cigarette packs.
The Law on Tobacco Control (Art. 3.6) defines "business operator" to include "wholesalers." Article 48 of the law imposes obligations on business operators to ensure that tobacco products bear the required health warnings. The penalties provided in Decree No. 52, however, apply only to manufacturers and importers. Thus, it appears as though there are no penalties imposed on wholesalers for violation of packaging and labeling provisions.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify a range of fines or other penalties for packaging and labeling violations, including license suspension and revocation and product confiscation. In addition, penalties should be commensurate with the severity of the violation and whether it is a repeat violation.
Retailer
The Law on Tobacco Control (Art. 3.6) defines "business operator" to include "retailers." Article 48 of the law imposes obligations on business operators to ensure that tobacco products bear the required health warnings. The penalties provided in Decree No. 52, however, apply only to manufacturers and importers. Thus, it appears as though there are no penalties imposed on retailers for violation of packaging and labeling provisions.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify a range of fines or other penalties for packaging and labeling violations, including license suspension and revocation and product confiscation. In addition, penalties should be commensurate with the severity of the violation and whether it is a repeat violation.
