Last updated: July 20, 2022
Penalties
Manufacturer
Person empowered by the Minister of Health in writing (for purposes of product seizure)
(e.g., seizure of the product, publication of the violation/violator)
The law provides for a fine equivalent to the amount prescribed in the Penal Law, 1977. The fine is doubled in the case of a corporate violation.
Failure to print or affix the health warning to one production series or one import unit is considered one offense. A “production series” is defined as tobacco products manufactured in one working day, and an “import unit” is defined as tobacco products of the same trade name packed in one crate.
Tobacco products that do not meet the warning requirements established in Art. 9 of the law may be seized from any place where the products are manufactured, stored, or sold if it is necessary to do so in order to ensure compliance with the law.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes a range of penalties based on the seriousness of the offense and that the penalty is larger for an entity (“body of persons”) than for an individual. However, to more fully align, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation, and increased sanctions for repeat offenses.
Importer
Person empowered by the Minister of Health in writing (for purposes of product seizure)
(e.g., seizure of the product, publication of the violation/violator)
The law provides for a fine equivalent to the amount prescribed in the Penal Law, 1977. The fine is doubled in the case of a corporate violation.
Failure to print or affix the health warning to one production series or one import unit is considered one offense. A “production series” is defined as tobacco products manufactured in one working day, and an “import unit” is defined as tobacco products of the same trade name packed in one crate.
Tobacco products that do not meet the warning requirements established in Art. 9 of the law may be seized from any place where the products are manufactured, stored, or sold if it is necessary to do so in order to ensure compliance with the law.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes a range of penalties based on the seriousness of the offense and that the penalty is larger for an entity (“body of persons”) than for an individual. However, to more fully align, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation, and increased sanctions for repeat offenses.
Wholesaler
Person empowered by the Minister of Health in writing (for purposes of product seizure)
(e.g., seizure of the product, publication of the violation/violator)
The law provides for a fine equivalent to the amount prescribed in the Penal Law, 1977. The fine is doubled in the case of a corporate violation.
Failure to print or affix the health warning to one production series or one import unit is considered one offense. A “production series” is defined as tobacco products manufactured in one working day, and an “import unit” is defined as tobacco products of the same trade name packed in one crate.
Tobacco products that do not meet the warning requirements established in Art. 9 of the law may be seized from any place where the products are manufactured, stored, or sold if it is necessary to do so in order to ensure compliance with the law.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes a range of penalties based on the seriousness of the offense and that the penalty is larger for an entity (“body of persons”) than for an individual. However, to more fully align, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation, and increased sanctions for repeat offenses.
Retailer
Person empowered by the Minister of Health in writing (for purposes of product seizure)
(e.g., seizure of the product, publication of the violation/violator)
The law provides for a fine equivalent to the amount prescribed in the Penal Law, 1977. The fine is doubled in the case of a corporate violation.
Failure to print or affix the health warning to one production series or one import unit is considered one offense. A “production series” is defined as tobacco products manufactured in one working day, and an “import unit” is defined as tobacco products of the same trade name packed in one crate.
Tobacco products that do not meet the warning requirements established in Art. 9 of the law may be seized from any place where the products are manufactured, stored, or sold if it is necessary to do so in order to ensure compliance with the law.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it imposes a range of penalties based on the seriousness of the offense and that the penalty is larger for an entity (“body of persons”) than for an individual. However, to more fully align, the drafters of the law should consider imposing a range of penalties, including license suspension or revocation, and increased sanctions for repeat offenses.
