Last updated: December 14, 2020
Penalties
Manufacturer
The law specifies that any manufacturer who fails to comply with labeling requirements is guilty of an offense and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 12 months or to both.
If manufacturers are convicted of an offense and continue to fail to comply with the regulation, they are liable to a further fine of $200 per day or part thereof.
Importer
The law does not specifically address importers.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should include penalty provisions for importers that provide for a range of penalties, including fines, license suspension or revocation, increased sanctions for repeat offenses, and seizure of products.
Wholesaler
The law specifies that anyone who distributes tobacco products and fails to comply with labeling requirements is guilty of an offense and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 12 months or to both.
If sellers are convicted of an offense and continue to fail to comply with the regulation, they are liable to a further fine of $200 per day or part thereof.
Retailer
The law specifies that anyone who sells tobacco products and fails to comply with labeling requirements is guilty of an offense and is liable on summary conviction to a fine of $5 000 or to imprisonment for a term of 12 months or to both.
Where sellers convicted of an offense continue to fail to comply with the regulation, they are liable to a further fine of $200 per day or part thereof.
Other
The law specifies that any distributor who fails to comply with labeling requirements is guilty of an offense and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 12 months or to both.
If distributors are convicted of an offense and continue to fail to comply with the regulation, they are liable to a further fine of $200 per day or part thereof.
