TOBACCO CONTROL LAWS

Last updated: September 27, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health; SUNAT (Superintendencia Nacional de Aduana y De Administracion Tributaria); Municipalities.
None
Gavel
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related litigation
Analysis

Under Art. 18 of Law No. 28705 and Arts. 41 and 42 of Decree No. 015-2008, municipal authorities share oversight and enforcement authority with the Ministry of Health and SUNAT.

There are no penalties for health warning labeling violations contained in the law or regulations. However, the Ministry is authorized to draft regulations on penalties.

Law Source, Section
Law No. 28705, General Law for the Prevention and Control of Tobacco Use Risks Art. 18 Related Litigation
Supreme Decree No. 015-2008-SA, Regulations of Law No. 28705 Arts. 41, 42 Related Litigation
Supreme Decree No. 001-2011-SA, Amending Regulation of Law No. 28705 Art. 1 Related Litigation

Importer

Ministry of Health; SUNAT (Superintendencia Nacional de Aduana y De Administracion Tributaria); Municipalities.
None
Gavel
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Analysis

Under Art. 18 of Law No. 28705 and Arts. 41 and 42 of Decree No. 015-2008, municipal authorities share oversight and enforcement authority with the Ministry of Health and SUNAT.

There are no penalties for health warning labeling violations contained in the law or regulations. However, the Ministry is authorized to draft regulations on penalties.

Law Source, Section
Law No. 28705, General Law for the Prevention and Control of Tobacco Use Risks Art. 18 Related Litigation
Supreme Decree No. 015-2008-SA, Regulations of Law No. 28705 Arts. 41, 42 Related Litigation
Supreme Decree No. 001-2011-SA, Amending Regulation of Law No. 28705 Art. 1 Related Litigation

Wholesaler

Ministry of Health; SUNAT (Superintendencia Nacional de Aduana y De Administracion Tributaria); Municipalities.
None
Gavel
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related litigation
Analysis

Under Art. 18 of Law No. 28705 and Arts. 41 and 42 of Decree No. 015-2008, municipal authorities share oversight and enforcement authority with the Ministry of Health and SUNAT.

There are no penalties for health warning labeling violations contained in the law or regulations. However, the Ministry is authorized to draft regulations on penalties.

Law Source, Section
Law No. 28705, General Law for the Prevention and Control of Tobacco Use Risks Art. 18 Related Litigation
Supreme Decree No. 015-2008-SA, Regulations of Law No. 28705 Arts. 41, 42 Related Litigation
Supreme Decree No. 001-2011-SA, Amending Regulation of Law No. 28705 Art. 1 Related Litigation

Retailer

Ministry of Health; SUNAT (Superintendencia Nacional de Aduana y De Administracion Tributaria); Municipalities.
None
Gavel
Expand to view
related litigation
Analysis

Under Art. 18 of Law No. 28705 and Arts. 41 and 42 of Decree No. 015-2008, municipal authorities share oversight and enforcement authority with the Ministry of Health and SUNAT.

There are no penalties for health warning labeling violations contained in the law or regulations. However, the Ministry is authorized to draft regulations on penalties.

Law Source, Section
Law No. 28705, General Law for the Prevention and Control of Tobacco Use Risks Art. 18 Related Litigation
Supreme Decree No. 015-2008-SA, Regulations of Law No. 28705 Arts. 41, 42 Related Litigation
Supreme Decree No. 001-2011-SA, Amending Regulation of Law No. 28705 Art. 1 Related Litigation
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United States of America

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