Last updated: February 26, 2020
Penalties
Advertising and Promotion
Ministry of Health, Police, and Authorized Officers
Any person that violates the ban on advertising set forth in Sec. 17 or the promotion provisions of Sec. 7 of the Tobacco Order 2005 is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. Any person violating the provisions banning the sale of toys or candy imitating tobacco products (Sec. 6) is subject to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. Corporate bodies as well as individuals may be found guilty of an offense. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.
The Minister of Health may appoint any person as an "authorized officer." Police and authorized officers have the power to arrest, and enter and inspect business premises. They may order the removal of advertisements and seize advertisements.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, higher penalties for repeat offenses, and holds corporate bodies as well as individuals liable for offenses.
Sponsorship
Ministry of Health, Police, and Authorized Officers
Any person that violates the ban on sponsorship set forth in Sec. 8 of the Tobacco Order 2005 is subject to a fine not exceeding $10,000, imprisonment for a term not exceeding six months, or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year, or both. Corporate bodies as well as individuals may be found guilty of an offense. The Director-General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.
The Minister of Health may appoint any person as an "authorized officer." Police and authorized officers have the power to arrest, and enter and inspect business premises. They may order the removal of sponsorship materials and seize sponsorship materials.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties, higher penalties for repeat offenses, and holds corporate bodies as well as individuals liable for offenses.
