Last updated: April 22, 2024

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Superintendent of Public Health

Fine, Jail
Analysis

Any person who violates packaging and labeling provisions is liable, on a first conviction, to a fine of not less than two hundred euro (€200) and not exceeding one thousand euro (€1,000), and where the act or omission constituting the offense subsists for more than a day, the Court shall in addition impose a fine of not less than twenty euro (€20) and not more than one hundred euro (€100) for each day in which such act or omission subsists. A second or subsequent conviction, in addition to such fines, is subject to imprisonment for a term not exceeding three months.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to align more fully, drafters of the law should consider imposing higher fines for businesses versus individuals and imposing additions penalties, such as license suspension and/or revocation, for repeat offenses.

Importer

Superintendent of Public Health

Fine, Jail
Analysis

Any person who violates packaging and labeling provisions is liable, on a first conviction, to a fine of not less than two hundred euro (€200) and not exceeding one thousand euro (€1,000), and where the act or omission constituting the offense subsists for more than a day, the Court shall in addition impose a fine of not less than twenty euro (€20) and not more than one hundred euro (€100) for each day in which such act or omission subsists. A second or subsequent conviction, in addition to such fines, is subject to imprisonment for a term not exceeding three months.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to align more fully, drafters of the law should consider imposing higher fines for businesses versus individuals and imposing additions penalties, such as license suspension and/or revocation, for repeat offenses.

Wholesaler

Superintendent of Public Health

Fine, Jail
Analysis

Any person who violates packaging and labeling provisions is liable, on a first conviction, to a fine of not less than two hundred euro (€200) and not exceeding one thousand euro (€1,000), and where the act or omission constituting the offense subsists for more than a day, the Court shall in addition impose a fine of not less than twenty euro (€20) and not more than one hundred euro (€100) for each day in which such act or omission subsists. A second or subsequent conviction, in addition to such fines, is subject to imprisonment for a term not exceeding three months.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to align more fully, drafters of the law should consider imposing higher fines for businesses versus individuals and imposing additions penalties, such as license suspension and/or revocation, for repeat offenses.

Retailer

Superintendent of Public Health

Fine, Jail
Analysis

Any person who violates packaging and labeling provisions is liable, on a first conviction, to a fine of not less than two hundred euro (€200) and not exceeding one thousand euro (€1,000), and where the act or omission constituting the offense subsists for more than a day, the Court shall in addition impose a fine of not less than twenty euro (€20) and not more than one hundred euro (€100) for each day in which such act or omission subsists. A second or subsequent conviction, in addition to such fines, is subject to imprisonment for a term not exceeding three months.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. However, to align more fully, drafters of the law should consider imposing higher fines for businesses versus individuals and imposing additions penalties, such as license suspension and/or revocation, for repeat offenses.