Penalties
Manufacturer
None
The law does not include penalties for manufacturers in violation of packaging and labeling requirements. The manufacture of tobacco products is prohibited in Nauru.
Importer
Police Officers, Health Inspectors, Food Inspectors, Other Authorized Officers
(e.g., seizure of the product, publication of the violation/violator)
An importer who violates packaging and labeling provisions is subject to, upon conviction by a court: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and
(ii) a fine not exceeding $2,000, a term of imprisonment not exceeding 12 months, or both; or (b) in the case of a body corporate, forfeiture of any remaining tobacco products and a fine not exceeding $20,000.
In addition, upon conviction, the court may order: (a) that the tobacco product be confiscated and destroyed by an authorized officer, and (b) that the person convicted shall pay the reasonable costs incurred in confiscating and destroying the tobacco product. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation. Further, the Secretary may suspend or cancel a license of anyone found guilty or convicted of an offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for increased sanctions for repeat offenses.
Wholesaler
Police Officers, Health Inspectors, Food Inspectors, Other Authorized Officers
(e.g., seizure of the product, publication of the violation/violator)
A wholesaler who violates packaging and labeling provisions is subject to, upon conviction by a court: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000, a term of imprisonment not exceeding 12 months, or both; or (b) in the case of a body corporate, forfeiture of any remaining tobacco products and a fine not exceeding $20,000.
In addition, upon conviction, the court may order: (a) that the tobacco product be confiscated and destroyed by an authorized officer, and (b) that the person convicted shall pay the reasonable costs incurred in confiscating and destroying the tobacco product. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation. Further, the Secretary may suspend or cancel a license of anyone found guilty or convicted of an offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for increased sanctions for repeat offenses.
Retailer
Police Officers, Health Inspectors, Food Inspectors, Other Authorized Officers
(e.g., seizure of the product, publication of the violation/violator)
A retailer who violates packaging and labeling provisions is subject to, upon conviction by a court: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000, a term of imprisonment not exceeding 12 months, or both; or (b) in the case of a body corporate, forfeiture of any remaining tobacco products and a fine not exceeding $20,000.
In addition, upon conviction, the court may order: (a) that the tobacco product be confiscated and destroyed by an authorized officer, and (b) that the person convicted shall pay the reasonable costs incurred in confiscating and destroying the tobacco product. An enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation. Further, the Secretary may suspend or cancel a license of anyone found guilty or convicted of an offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of penalties. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide for increased sanctions for repeat offenses.
