Last updated: June 1, 2020
Penalties
Manufacturer
Violations of packaging and labeling requirements are considered a "special case" under Art. 224(4). Violations are punishable by a fine ranging from two to 150 monthly wages for non-agricultural activities. For repeat offenses, the fine may be doubled from that of the first violation.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes increased penalties for repeat violations.
Importer
Violations of packaging and labeling requirements are considered a "special case" under Art. 224(4). Violations are punishable by a fine ranging from two to 150 monthly wages for non-agricultural activities. For repeat offenses, the fine may be doubled from that of the first violation.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes increased penalties for repeat violations.
Wholesaler
The law holds manufacturers and importers responsible for ensuring that packaging and labeling requirements are complied with. Wholesalers are not held liable under the law.
FCTC Art. 11 Guidelines para. 55 states: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.”
Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should hold wholesalers responsible for complying with packaging and labeling requirements.
Retailer
The law holds manufacturers and importers responsible for ensuring that packaging and labeling requirements are complied with. Retailers are not held liable under the law.
FCTC Art. 11 Guidelines para. 55 states: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.”
Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should hold retailers responsible for complying with packaging and labeling requirements.
