Last updated: September 9, 2021
Penalties
Manufacturer
Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare
(e.g., seizure of the product, publication of the violation/violator)
Any person who manufactures, imports, distributes, sells, or offers for sale a tobacco product in violation of the packaging and labeling requirements of the Tobacco Control Act is subject to a fine of not less than 500,000 dalasis, imprisonment for not less than one year, or both. If the violator is a corporate entity, in addition to these penalties, a court may impose a fine of not less than two million dalasis, surrender of proceeds of the sale of the product to the government, and suspension of trading license for not less than six months. In addition, any prohibited products shall be seized, forfeited and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the severity of the violation.
Importer
Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare
(e.g., seizure of the product, publication of the violation/violator)
Any person who manufactures, imports, distributes, sells, or offers for sale a tobacco product in violation of the packaging and labeling requirements of the Tobacco Control Act is subject to a fine of not less than 500,000 dalasis, imprisonment for not less than one year, or both. If the violator is a corporate entity, in addition to these penalties, a court may impose a fine of not less than two million dalasis, surrender of proceeds of the sale of the product to the government, and suspension of trading license for not less than six months. In addition, any prohibited products shall be seized, forfeited and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the severity of the violation.
Wholesaler
Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare
(e.g., seizure of the product, publication of the violation/violator)
Any person who manufactures, imports distributes, sells or offers for sale a tobacco product in violation of the packaging and labeling requirements of the Tobacco Control Act is subject to a fine of not less than 500,000 dalasis, imprisonment for not less than one year, or both. If the violator is a corporate entity, in addition to these penalties, a court may impose a fine of not less than two million dalasis, surrender of proceeds of the sale of the product to the government, and suspension of trading license for not less than six months. In addition, any prohibited products shall be seized, forfeited and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the severity of the violation.
Retailer
Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare
(e.g., seizure of the product, publication of the violation/violator)
Any person who manufactures, imports distributes, sells or offers for sale a tobacco product in violation of the packaging and labeling requirements of the Tobacco Control Act is subject to a fine of not less than 500,000 dalasis, imprisonment for not less than one year, or both. If the violator is a corporate entity, in addition to these penalties, a court may impose a fine of not less than two million dalasis, surrender of proceeds of the sale of the product to the government, and suspension of trading license for not less than six months. In addition, any prohibited products shall be seized, forfeited and destroyed.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties commensurate with the severity of the violation.
