Last updated: September 27, 2021
Penalties
Sales Restrictions
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 other executive bodies. They may adopt local penalty provisions to enforce the law and its regulations.
Decree No. 001-2011, Annex 7, provides national penalties for violations of the restrictions on vending machines sales. Penalties are as follows: 1) for individuals and legal entities with business capital less than or equal to 10 UIT (Peruvian Tax Units), a fine of 1 UIT and temporary closure of the establishment or license suspension, or 2) for legal entities with business capital greater than 10 UIT, a fine of 2.5 UIT and temporary closure of the establishment or license suspension.
For the sale of single cigarette sticks, the penalties are: 1) for individuals and legal entities with business capital less than or equal to 10 UIT, a fine of 3 UIT and final closure of the establishment or license cancellation, or 2) for legal entities with business capital greater than 10 UIT, a fine of 8 UIT and final closure of the establishment or license cancellation.
Location-based Sales Restrictions
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 other executive bodies. They may adopt local penalty provisions to enforce the law and its regulations.
Decree No. 001-2011, Annex 7, provides national penalties for violations of location-based sales restrictions. The penalties are as follows:1) for individuals and legal entities with business capital less than or equal to 10 UIT (Peruvian Tax Units), a fine of 2 UIT and temporary closure of the establishment or license suspension; or 2) for legal entities with business capital greater than 10 UIT, a fine of 5 UIT and temporary closure of the establishment or license suspension.
Minimum Retail Package Size
(e.g., seizure of the product, publication of the violation/violator)
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 other executive bodies. They may adopt local penalty provisions to enforce the law and its regulations.
Decree No. 001-2011, Annex 7, provides national penalties for Chapter 3 of Law No. 28705, violations of the minimum retail package size. The penalties are as follows: 1) for individuals and legal entities with business capital less than or equal to 10 UIT (Peruvian Tax Units), a fine of 3 UIT and final closure of the establishment or license cancellation; or 2) for legal entities with business capital greater than 10 UIT, a fine of 8 UIT and final closure of the establishment or license cancellation.
Also, the seizure of the products will be applied. In case of repeat offenses, violators will be subject to final closure of the establishment or cancellation of license.
Minimum Legal Sales Age
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 other executive bodies. They may adopt local penalty provisions to enforce the law and its regulations.
Decree No. 001-2011, Annex 7, provides national penalties for violations of the minimum legal sales age. The penalties are as follows: 1) for individuals and legal entities with business capital less than or equal to 10 UIT (Peruvian Tax Units), a fine of 4 UIT and final closure of the establishment or license cancellation; or 2) for legal entities with business capital greater than 10 UIT, a fine of 10 UIT and final closure of the establishment or license cancellation.
In case of repeat offenses, violators will be subject to final closure of the establishment or cancellation of license.
Moreover, penalties are established when sellers fail to comply with the mandatory display of the health warning in places where tobacco products are sold. Penalties are set as follows: 1) for individuals and legal entities with business capital less than or equal to 10 UIT, a fine of 0.1 UIT; or 2) for legal entities with business capital greater than 10 UIT, a fine of 0.5 UIT.
