Argentina

Article 27 of Law 26687 authorizes the Ministry of Health, provincial governments, and the City of Buenos Aires with the power to enforce the law. Provincial governments may delegate their authority to the municipal governments. Decree 602 specifies that the Ministry of Health "may request the collaboration of national agencies and the competent bodies in provincial and local jurisdictions."

Manufacturers and importers that violate packaging and labeling provisions under Law 26687 are subject to a “fine in pesos equivalent to the sales value to the end user of ten thousand (10,000) to one hundred thousand (100,000) packages of twenty cigarettes of the highest price sold in the country.” Repeat offenses are subject to a fine of “a value equivalent to one million (1,000,000) packages of the aforementioned.” The law also provides for closure of any establishment that violates provisions of the law, and for seizure and destruction of products manufactured or sold in violation of the law.

FCTC Art. 11 Guidelines para. 56 provides that “Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the Law 26687 should review the penalty provisions to see if tying penalties to the price of cigarettes results in appropriate fines for manufacturers, importers, wholesalers, and retailers for packaging and labeling violations.

Article 27 of Law 26687 authorizes the Ministry of Health, provincial governments, and the City of Buenos Aires with the power to enforce the law. Provincial governments may delegate their authority to the municipal governments. Decree 602 specifies that the Ministry of Health "may request the collaboration of national agencies and the competent bodies in provincial and local jurisdictions."

Manufacturers and importers that violate packaging and labeling provisions under Law 26687 are subject to a “fine in pesos equivalent to the sales value to the end user of ten thousand (10,000) to one hundred thousand (100,000) packages of twenty cigarettes of the highest price sold in the country.” Repeat offenses are subject to a fine of “a value equivalent to one million (1,000,000) packages of the aforementioned.” The law also provides for closure of any establishment that violates provisions of the law, and for seizure and destruction of products manufactured or sold in violation of the law.

FCTC Art. 11 Guidelines para. 56 provides that “Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should review the penalty provisions to see if tying penalties to the price of cigarettes results in appropriate fines for manufacturers, importers, wholesalers, and retailers for packaging and labeling violations.

Article 27 of Law 26687 authorizes the Ministry of Health, provincial governments, and the City of Buenos Aires with the power to enforce the law. Provincial governments may delegate their authority to the municipal governments. Decree 602 specifies that the Ministry of Health "may request the collaboration of national agencies and the competent bodies in provincial and local jurisdictions."

Article 11 of Decree 602 imposes responsibility for compliance with warning requirements on manufacturers and importers, but does not clearly impose responsibility for compliance on those that re-sell tobacco products, such as wholesalers and retailers.

FCTC Art. 11 Guidelines para. 55 provides: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.” Therefore, to align with best practices as reflected in the Guidelines, the law should explicitly impose responsibility on wholesalers and retailers, as well as manufacturers and importers.

In addition, FCTC Art. 11 Guidelines, para. 56 provide that “Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should review the penalty provisions to see if tying penalties to the price of cigarettes results in appropriate fines for manufacturers, importers, wholesalers, and retailers for packaging and labeling violations.

Article 27 of Law 26687 authorizes the Ministry of Health, provincial governments, and the City of Buenos Aires with the power to enforce the law. Provincial governments may delegate their authority to the municipal governments. Decree 602 specifies that the Ministry of Health "may request the collaboration of national agencies and the competent bodies in provincial and local jurisdictions."

Article 11 of Decree 602 imposes responsibility for compliance with warning requirements on manufacturers and importers, but does not clearly impose responsibility for compliance on those that re-sell tobacco products, such as wholesalers and retailers.

FCTC Art. 11 Guidelines para. 55 provides: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.” Therefore, to align with best practices as reflected in the Guidelines, the law should explicitly impose responsibility on wholesalers and retailers, as well as manufacturers and importers.

In addition, FCTC Art. 11 Guidelines para. 56 provides that “Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation.” To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should review the penalty provisions to see if tying penalties to the price of cigarettes results in appropriate fines for manufacturers, importers, wholesalers, and retailers for packaging and labeling violations.