Guatemala

COMMENTS: Decree No. 17-73 Penal Code (as amended) establishes the Criminal Code of Guatemala (as amended).

COMMENTS: Decree No. 61-77 (as amended through Decree No. 65-2001) prohibits tobacco product manufacturers from adding substances that are harmful to health to their products and provides some sales restrictions, including a minimum cigarette sticks per package size.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Decree No. 90-97 contains the Health Code of the Republic of Guatemala (as amended). It governs many aspects of public health and services, including tobacco advertising, promotion and sponsorship; tobacco packaging and labeling; and restrictions on smoking. The Original Language file uploaded here contains amendments through December 3, 2013. The English translation contains amendments through November 19, 2003.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Government Agreement No. 426-2001 (Regulations for the Regulation, Approval and Advertising and Places of Use For Tobacco-Related Products) was issued under Decree No. 90-97 and implements provisions on tobacco advertising, promotion and sponsorship and tobacco product packaging and labeling. These regulations were repealed by Government Agreement No. 338-2013.

COMMENTS: Ministerial Agreement No. 731-2002 established technical regulations on advertising for tobacco products. This agreement was amended by Ministry of Public Health, Ministerial Agreement No. 727-2007.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Decree No. 74-2008 (Law Creating Tobacco Smoke Free Environments) is the main law governing smoking in public places, work places and public transportation. It establishes a complete smoking ban in indoor areas, with the exception of some hotel guestrooms. This law repealed some smoking provisions in Decree No. 90-97 (the Health Code).

COMMENTS: Government Agreement No. 137-2009 (Regulations of Decree No. 74-2008) was issued under Decree No. 74-2008 to implement the prohibition on smoking in indoor places.

COMMENTS: Government Agreement No. 338-2013 establishes the Health Standard Regulations for the Authorization and Monitoring of Tobacco-Product Advertising. These regulations state the process by which tobacco advertising is reviewed by the Department for the Regulation of Health and Environmental Programs for approval. The regulations also state the requirements for health warnings that must appear on/accompany any approved tobacco advertising. The regulations were amended by Government Agreement No. 299-2014.

COMMENTS: Government Agreement No. 299-2014 amends Government Agreement No. 338-2013, which establishes the Health Standard Regulations for the Authorization and Monitoring of Tobacco-Product Advertising.