Last updated: February 19, 2021
Penalties
Manufacturer
Ministry of Health; Central Board of Health; Council of a Municipality; Council of a Local Authority
(e.g., seizure of the product, publication of the violation/violator)
Directions may be issued to secure compliance where any tobacco product, container, or label does not comply in every respect with the provisions of the Tobacco Control Decree 2010. In this case, an authorized officer may issue a Compliance Notice to the offender, instructing them to take (within a maximum of 14 days) specified to remedy any non-compliance and prevent any future contravention.
For violations of packaging and labeling provisions, courts may also order that the tobacco product be confiscated and destroyed by an authorized officer with the convicted person paying the cost.
Any person convicted where no other penalty is specified is subject to a fine not exceeding $5,000 for a first offense and a fine not exceeding $10,000 for a second or subsequent offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a range of penalties and increased penalties for repeat offenses. To more fully align, the law should also impose other penalties, such as suspension, limitation or cancellation of business and import licenses.
Importer
Ministry of Health; Central Board of Health; Council of a Municipality; Council of a Local Authority
(e.g., seizure of the product, publication of the violation/violator)
Directions may be issued to secure compliance where any tobacco product, container, or label does not comply in every respect with the provisions of the Tobacco Control Decree 2010. In this case, an authorized officer may issue a Compliance Notice to the offender, instructing them to take (within a maximum of 14 days) specified to remedy any non-compliance and prevent any future contravention.
For violations of packaging and labeling provisions, courts may also order that the tobacco product be confiscated and destroyed by an authorized officer with the convicted person paying the cost.
Any person convicted where no other penalty is specified is subject to a fine not exceeding $5,000 for a first offense and a fine not exceeding $10,000 for a second or subsequent offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a range of penalties and increased penalties for repeat offenses. To more fully align, the law should also impose other penalties, such as suspension, limitation or cancellation of business and import licenses.
Wholesaler
Ministry of Health; Central Board of Health; Council of a Municipality; Council of a Local Authority
(e.g., seizure of the product, publication of the violation/violator)
Directions may be issued to secure compliance where any tobacco product, container, or label does not comply in every respect with the provisions of the Tobacco Control Decree 2010. In this case, an authorized officer may issue a Compliance Notice to the offender, instructing them to take (within a maximum of 14 days) specified to remedy any non-compliance and prevent any future contravention.
For violations of packaging and labeling provisions, courts may also order that the tobacco product be confiscated and destroyed by an authorized officer with the convicted person paying the cost.
Any person convicted where no other penalty is specified is subject to a fine not exceeding $5,000 for a first offense and a fine not exceeding $10,000 for a second or subsequent offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a range of penalties and increased penalties for repeat offenses. To more fully align, the law should also impose other penalties, such as suspension, limitation or cancellation of business and import licenses.
Retailer
Ministry of Health; Central Board of Health; Council of a Municipality; Council of a Local Authority
(e.g., seizure of the product, publication of the violation/violator)
Directions may be issued to secure compliance where any tobacco product, container, or label does not comply in every respect with the provisions of the Tobacco Control Decree 2010. In this case, an authorized officer may issue a Compliance Notice to the offender, instructing them to take (within a maximum of 14 days) specified to remedy any non-compliance and prevent any future contravention.
For violations of packaging and labeling provisions, courts may also order that the tobacco product be confiscated and destroyed by an authorized officer with the convicted person paying the cost.
Any person convicted where no other penalty is specified is subject to a fine not exceeding $5,000 for a first offense and a fine not exceeding $10,000 for a second or subsequent offense.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to a range of penalties and increased penalties for repeat offenses. To more fully align, the law should also impose other penalties, such as suspension, limitation or cancellation of business and import licenses.
