Last updated: July 29, 2022
Penalties
Sales Restrictions
(e.g., seizure of the product, publication of the violation/violator)
Violators of the sales restrictions are subject to different penalties established by law.
The sale of single sticks is punishable by a fine of one to 20 monthly tax units and seizure of the products.
Violations of vending machine restrictions are subject to a specific fine of 10 to 100 monthly tax units. In case of a repeat offense, the closure of the place where the infraction was committed may be additionally decreed for a period of fifteen days.
For violations where a specific penalty is not identified, the law establishes a general fine of three to 50 monthly tax units, and from 30 to 300 monthly tax units if the infraction is committed by a natural person or legal entity who belongs to the tobacco industry. The fine shall be valid without impairment to criminal sanctions. If two or more offenses are committed within a period of less than one year, the establishment where any of these provisions were violated may be additionally subject to closure for a period of 15 days. The National Ministry of Health acts through the Health Ministry’s regional offices (SEREMI), which are the responsible agencies for carrying out the imposition of penalties.
It is recommended that the law establishes specific sanctions for each of the sales restriction rules set in the law, in order to avoid misunderstandings when enforcing the law.
Location-based Sales Restrictions
(e.g., seizure of the product, publication of the violation/violator)
Violations of location-based sales restrictions are punishable by different penalties established by law.
As regards the sale of tobacco products in places located at a distance of less than 100 meters from establishments of primary and secondary education, a fine of three to 50 monthly tax units will be imposed. This will go up to 30 to 300 monthly tax units if the infraction is committed by a natural person or a legal entity that belongs to the tobacco industry. In addition, the seizure of the products involved in the infraction will be imposed. In case of repeat offense, the establishment, store or place where the infraction occurred will be closed for a period of 15 days.
For violations where a specified penalty is not identified, the law establishes a general fine of three to 50 monthly tax units, and from 30 to 300 monthly tax units if the infraction is committed by a natural person or legal entity who belongs to the tobacco industry. The fine shall be valid without impairment to criminal sanctions. If two or more offenses are committed within a period of less than one year, the establishment where any of these provisions were violated may be additionally subject to closure for a period of 15 days.
The National Ministry of Health acts through the Health Ministry’s regional offices (SEREMI), which are the responsible agencies for carrying out the imposition of sanctions. It is recommended that the law establishes specific sanctions for each of the location-based sales restriction rules set in the law, in order to avoid misunderstandings when enforcing the law.
Minimum Retail Package Size
(e.g., seizure of the product, publication of the violation/violator)
Violations of the minimum retail package size are punishable by a fine of one to 20 monthly tax units, and of 10 to 50 monthly tax units if the infraction is committed by a natural person or legal entity that belongs to the tobacco industry. In addition, products in violation will be seized.
If two or more offenses are committed within a period of less than one year, the amount of the fine may be doubled.
The National Ministry of Health acts through the Health Ministry’s regional offices (SEREMI), which are the responsible agencies for carrying out the imposition of penalties.
Minimum Legal Sales Age
(e.g., seizure of the product, publication of the violation/violator)
Violations of the ban on sales to persons below the age of 18 are punishable by a fine of three to 50 monthly tax units and of 30 to 300 monthly tax units if the infraction is committed by a natural person or a legal entity belonging to the tobacco industry, in addition to the seizure of the products involved in the infraction. Furthermore, if two or more offenses are committed within a period of less than one, the establishment where any of these provisions were violated may be subject to closure for a period of 15 days and the fine may be doubled.
The National Ministry of Health acts through the Health Ministry’s regional offices (SEREMI), which are the responsible agencies for carrying out the imposition of penalties.
