Last updated: July 29, 2022

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Health Authority; Municipal Inspectors; Local Police Magistrates
Fine, Other

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

Analysis

Omission of required health warnings on the main surfaces or constituent and emissions warnings on lateral surfaces is subject to a penalty of “a fine of 101 to 500 monthly tax units and seizure of the proceeds of the infraction.” A violation of the provisions regarding distribution percentages for health warnings is subject to a penalty of “a 101 to 500 monthly tax units.” Article 6 of the law makes clear that the requirements apply to all “producers, sellers, and distributors.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties for violations of health warning provisions for all parties in the distribution chain. To more fully align, the drafters of the law might consider higher penalties for repeat violations and other penalties, such as suspension, limitation or cancellation of business and import licenses.

Importer

Health Authority; Municipal Inspectors; Local Police Magistrates
Fine, Other

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

Analysis

Omission of required health warnings on the main surfaces or constituent and emissions warnings on lateral surfaces is subject to a penalty of “a fine of 101 to 500 monthly tax units and seizure of the proceeds of the infraction.” A violation of the provisions regarding distribution percentages for health warnings is subject to a penalty of “a 101 to 500 monthly tax units.” Article 6 of the law makes clear that the requirements apply to all “producers, sellers, and distributors.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties for violations of health warning provisions for all parties in the distribution chain. To more fully align, the drafters of the law might consider higher penalties for repeat violations and other penalties, such as suspension, limitation or cancellation of business and import licenses.

Wholesaler

Health Authority; Municipal Inspectors; Local Police Magistrates
Fine, Other

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

Analysis

Omission of required health warnings on the main surfaces or constituents and emissions warnings on lateral surfaces is subject to a penalty of “a fine of 101 to 500 monthly tax units and seizure of the proceeds of the infraction.” A violation of the provisions regarding distribution percentages for health warnings is subject to a penalty of “a 101 to 500 monthly tax units.” Article 6 of the law makes clear that the requirements apply to all “producers, sellers, and distributors.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties for violations of health warning provisions for all parties in the distribution chain. To more fully align, the drafters of the law might consider higher penalties for repeat violations and other penalties, such as suspension, limitation or cancellation of business and import licenses.

Retailer

Health Authority; Municipal Inspectors; Local Police Magistrates
Fine, Other

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

Analysis

Omission of required health warnings on the main surfaces or constituent and emissions warnings on lateral surfaces is subject to a penalty of “a fine of 101 to 500 monthly tax units and seizure of the proceeds of the infraction.” A violation of the provisions regarding distribution percentages for health warnings is subject to a penalty of “a 101 to 500 monthly tax units.” Article 6 of the law makes clear that the requirements apply to all “producers, sellers, and distributors.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties for violations of health warning provisions for all parties in the distribution chain. To more fully align, the drafters of the law might consider higher penalties for repeat violations and other penalties, such as suspension, limitation or cancellation of business and import licenses.