Last updated: September 17, 2019

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of health (MINSAL), with support from the National Civil Police
Fine, License suspension or revocation, Other

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

Analysis

Failing to comply with packaging and labeling requirements is classified as a “very serious offense,” subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the definitive cancellation of the authorization (license) for the sale of tobacco products.

Additionally, the sale, manufacture, importation, marketing and distribution of tobacco products without the authorization of the Ministry of Health, will result in a fine 1-10 times the minimum salary and confiscation and destruction of the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines by imposing warning requirements on unit and outside packaging and labeling and imposing appropriate penalties on manufacturers, importers, wholesalers, and retailers who violate the law.

Importer

Ministry of health (MINSAL), with support from the National Civil Police
Fine, License suspension or revocation, Other

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

Analysis

Failing to comply with packaging and labeling requirements is classified as a “very serious offense,” subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the definitive cancellation of the authorization (license) for the sale of tobacco products.

Additionally, the sale, manufacture, importation, marketing and distribution of tobacco products without the authorization of the Ministry of Health, will result in a fine 1-10 times the minimum salary and confiscation and destruction of the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines by imposing warning requirements on unit and outside packaging and labeling and imposing appropriate penalties on manufacturers, importers, wholesalers, and retailers who violate the law.

Wholesaler

Ministry of health (MINSAL), with support from the National Civil Police
Fine, License suspension or revocation, Other

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

Analysis

Failing to comply with packaging and labeling requirements is classified as a “very serious offense,” subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the definitive cancellation of the authorization (license) for the sale of tobacco products.

Additionally, the sale, manufacture, importation marketing and distribution of tobacco products without the authorization of the Ministry of Health, will result in a fine 1-10 times the minimum salary and confiscation and destruction of the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines by imposing warning requirements on unit and outside packaging and labeling and imposing appropriate penalties on manufacturers, importers, wholesalers, and retailers who violate the law.

Retailer

Ministry of health (MINSAL), with support from the National Civil Police
Fine, License suspension or revocation, Other

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

Analysis

Failing to comply with packaging and labeling requirements is classified as a “very serious offense,” subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the definitive cancellation of the authorization (license) for the sale of tobacco products.

Additionally, the sale, manufacture, importation, marketing and distribution of tobacco products without the authorization of the Ministry of Health, will result in a fine 1-10 times the minimum salary and confiscation and destruction of the tobacco products.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines by imposing warning requirements on unit and outside packaging and labeling and imposing appropriate penalties on manufacturers, importers, wholesalers, and retailers who violate the law.