Last updated: June 1, 2020
Penalties
Sales Restrictions
(e.g., seizure of the product, publication of the violation/violator)
According to the Health Code, the government can immediately suspend the sale or seize single cigarettes that are unlawfully distributed.
In addition, the Health Code establishes that sales restriction violations related to tobacco can be subject to a warning; graduated fines between the equivalent of two to 150 minimum monthly wages; temporary or final closure of an establishment; cancellation of a commercial license; seizure of goods; temporary ban on commercial activity; or public notice of the sanctions in newspapers. In the case of repeat offenses involving a fine, the fine will be doubled or other sanctions listed above imposed. The Ministry of Health is the enforcement agency.
Decree No. 61-77 further establishes that those who sell, import, export, or manufacture tobacco products in contravention of the Decree will be punished with imprisonment from two to six years and a fine equal to the evaded tax, without prejudice to the remaining obligation to pay the evaded taxes.
Location-based Sales Restrictions
Tobacco sales are not restricted by location; therefore, there are no associated penalties.
Minimum Retail Package Size
(e.g., seizure of the product, publication of the violation/violator)
According to the Health Code, the government can immediately suspend the sale or seize products that violate the minimum package size. In addition, the Health Code establishes that sales restriction violations related to tobacco can be subject to a warning; graduated fines between the equivalent of two to 150 minimum monthly wages; temporary or final closure of an establishment; cancellation of a commercial license; seizure of goods; a temporary ban on commercial activity; or public notice of the sanctions in newspapers. In the case of repeat offenses involving a fine, the fine will be doubled or other sanctions listed above imposed. The Ministry of Health is the enforcement agency.
Minimum Legal Sales Age
(e.g., seizure of the product, publication of the violation/violator)
Violations of the ban on sales to persons below the age of 18 are punishable by a fine of Quetzals 5000 when the violator is a commercial establishment. However, that amount will be increased to Quetzals 100,000 when the violators are manufacturers, importers or distributors. In case of a repeat offense, the fine will be doubled. In case of additional repeat offenses, sanctions related to sales violations will be imposed, including temporary closure of the establishment. The Ministry of Health is the enforcement agency.
