Last updated: December 15, 2020

Penalties

Violation
Enforcement Agency
Sanction(s)

Content regulation

Department of Health
Fine, Jail
Entities that can be held responsible

Any person

Analysis

Any person that violates provisions on the regulation of content of tobacco products shall be liable on summary conviction: 1) in the case of a first offense, to a class B fine or to imprisonment for a term not exceeding 6 months, or to both, and 2) in the case of a second or subsequent offense, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both. A person convicted on indictment shall be liable to a fine not exceeding 500,000 Euros or imprisonment for a term not exceeding three years or both. Penalties may apply to corporate bodies as well as individuals in charge of corporate bodies.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it imposes sanctions for content regulation violations.

Disclosure requirement

Department of Health
Fine, Jail
Entities that can be held responsible

Manufacturers, importers

Analysis

A manufacturer or importer that violates ingredient and emissions disclosure requirements shall be liable on summary conviction: 1) in the case of a first offense, to a class B fine or to imprisonment for a term not exceeding 6 months, or to both, and 2) in the case of a second or subsequent offense, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both. If convicted on indictment, a manufacturer or importer shall be liable to a fine not exceeding 500,000 Euros or imprisonment for a term not exceeding three years or both. Penalties may apply to corporate bodies as well as individuals in charge of corporate bodies.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations.