Last updated: February 26, 2024

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Judicial Police
Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer, but simply imposes penalties on individuals who contravene provisions of the law.

Under Joint Order No. 0001/2018, penalties include confiscation and destruction of products violating packaging and labeling laws by officers of the Judicial Police. In addition, Joint Order No. 0001/2018 allows for penalties under Art. 228 of the Penal Code, which states that any who "fails properly to provide against risk of bodily harm to any person from his dangerous activities shall be punished with imprisonment for from six (6) days to six (6) months."

The law does not address the possibility for repeat offenses.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties, including fines, that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violator. The penalties should also outweigh the potential economic benefits to be derived and should increase for repeat violations.

Importer

Judicial Police
Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer, but simply imposes penalties on individuals who contravene provisions of the law.

Under Joint Order No. 0001/2018, penalties include confiscation and destruction of products violating packaging and labeling laws by officers of the Judicial Police. In addition, Joint Order No. 0001/2018 allows for penalties under Art. 228 of the Penal Code, which states that any who "fails properly to provide against risk of bodily harm to any person from his dangerous activities shall be punished with imprisonment for from six (6) days to six (6) months."

The law does not address the possibility for repeat offenses.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties, including fines, that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violator. The penalties should also outweigh the potential economic benefits to be derived and should increase for repeat violations.

Wholesaler

Judicial Police
Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer, but simply imposes penalties on individuals who contravene provisions of the law.

Under Joint Order No. 0001/2018, penalties include confiscation and destruction of products violating packaging and labeling laws by officers of the Judicial Police. In addition, Joint Order No. 0001/2018 allows for penalties under Art. 228 of the Penal Code, which states that any who "fails properly to provide against risk of bodily harm to any person from his dangerous activities shall be punished with imprisonment for from six (6) days to six (6) months."

The law does not address the possibility for repeat offenses.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties, including fines, that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violator. The penalties should also outweigh the potential economic benefits to be derived and should increase for repeat violations.

Retailer

Judicial Police
Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer, but simply imposes penalties on individuals who contravene provisions of the law.

Under Joint Order No. 0001/2018, penalties include confiscation and destruction of products violating packaging and labeling laws by officers of the Judicial Police. In addition, Joint Order No. 0001/2018 allows for penalties under Art. 228 of the Penal Code, which states that any who "fails properly to provide against risk of bodily harm to any person from his dangerous activities shall be punished with imprisonment for from six (6) days to six (6) months."

The law does not address the possibility for repeat offenses.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should provide a range of penalties, including fines, that are sufficiently large to deter violations and are graded and commensurate with the nature and seriousness of the violator. The penalties should also outweigh the potential economic benefits to be derived and should increase for repeat violations.