Last updated: July 21, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Inspectors designated by the Minister of Health

Fine
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 of the Act is subject to a $5,000 fine.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, drafters should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.

Importer

Inspectors designated by the Minister of Health

Fine
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 of the Act is subject to a $5,000 fine.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, drafters should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.

Wholesaler

Inspectors designated by the Minister of Health

Fine
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 of the Act is subject to a $5,000 fine.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, drafters should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.

Retailer

Inspectors designated by the Minister of Health

Fine
Analysis

The law does not distinguish between manufacturer, importer, wholesaler, or retailer. Rather, any person who violates Part 3 of the Act is subject to a $5,000 fine.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for fines for violating packaging and labeling provisions. However, to more fully align, drafters should consider imposing increased penalties for repeat violations and/or alternative penalties such as license suspension or revocation.