Last updated: June 28, 2020

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health; Customs Department
None
Analysis

The Tobacco Control Regulations 2004, as amended by the Tobacco Control Regulations 2008, subject “any person who contravenes the regulation” to a fine not exceeding ten thousand ringgit (approximately $3,300 USD) or to imprisonment for a term not exceeding two years or to both. The penalties apply to manufacturers and importers, which are responsible for ensuring health warnings on packaging, and reporting on the frequency of appearance of the health warnings. However, penalties do not apply to wholesalers and retailers, as they are not responsible for packaging and labeling under the regulations.

To align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 55, the law should make clear that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures. In addition, as stated in FCTC Art. 11 Guidelines para. 56, “Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” The regulations impose the same fines on manufacturers and wholesalers as are imposed for violating smoke free provisions and APS provisions. The drafters of the law should consider imposing higher fines on manufacturers and importers who violate packaging and labeling provisions, commensurate with the severity of the violation. The drafters of the law should also consider imposing other penalties, such as suspension or cancellation of business or import licenses.

Importer

Ministry of Health; Customs Department
None
Analysis

The Tobacco Control Regulations 2004, as amended by the Tobacco Control Regulations 2008, subject “any person who contravenes the regulation” to a fine not exceeding ten thousand ringgit (approximately $3,300 USD) or to imprisonment for a term not exceeding two years or to both. The penalties apply to manufacturers and importers, which are responsible for ensuring health warnings on packaging, and reporting on the frequency of appearance of the health warnings. However, penalties do not apply to wholesalers and retailers, as they are not responsible for packaging and labeling under the Regulations.

To align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 55, the law should make clear that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures. In addition, as stated in FCTC Art. 11 Guidelines para. 56, “Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” The Regulations imposes the same fines on manufacturers and wholesalers as are imposed for violating smoke free provision and APS provisions. The drafters of the law should consider imposing higher fines on manufacturers and importers who violate packaging and labeling provisions, commensurate with the severity of the violation. The drafters of the law should also consider imposing other penalties, such as suspension or cancellation of business or import licenses.

Wholesaler

Ministry of Health; Customs Department
None
Analysis

The Tobacco Control Regulations 2004, as amended by the Tobacco Control Regulations 2008, subject “any person who contravenes the regulation” to a fine not exceeding ten thousand ringgit (approximately $3,300 USD) or to imprisonment for a term not exceeding two years or to both. The penalties apply to manufacturers and importers, which are responsible for ensuring health warnings on packaging, and reporting on the frequency of appearance of the health warnings. However, penalties do not apply to wholesalers and retailers, as they are not responsible for packaging and labeling under the Regulations.

To align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 55, the law should make clear that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.

Retailer

Ministry of Health; Customs Department
None
Analysis

The Tobacco Control Regulations 2004, as amended by the Tobacco Control Regulations 2008, subject “any person who contravenes the regulation” to a fine not exceeding ten thousand ringgit (approximately $3,300 USD) or to imprisonment for a term not exceeding two years or to both. The penalties apply to manufacturers and importers, which are responsible for ensuring health warnings on packaging, and reporting on the frequency of appearance of the health warnings. However, penalties do not apply to wholesalers and retailers, as they are not responsible for packaging and labeling under the Regulations.

To align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 55, the law should make clear that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.