Last updated: January 12, 2021

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Uncertain
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Gavel
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Analysis

The Tobacco Products Act authorizes the Government of Nepal to designate any officer of the Government of Nepal as an inspector to enforce the law.

The Act imposes a fine not exceeding 50,000 rupees for violations of packaging and labeling requirements set out in Secs. 7 and 9 of the TPA. The Act also provides that non-conforming tobacco products shall be confiscated.

FCTC Art. 11 Guidelines para. 56 provides that Parties should specify a range of fines commensurate with the severity of the violation. To align with the FCTC Art. 11 Guidelines, the government of Nepal should consider whether 50,000 rupees (approximately $706 USD) is a sufficiently large penalty to deter large manufacturers from violating packaging and labeling requirements. In addition, the law or regulations should specify an enforcement agency or agencies.

Importer

Uncertain
None
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Analysis

The Tobacco Products Act authorizes the Government of Nepal to designate any officer of the Government of Nepal as an inspector to enforce the law.

The requirements of Secs. 7 and 9 of TPA apply only to tobacco product manufacturers. Therefore, there are no penalties imposed on importers who import tobacco products that do not conform to packaging and labeling requirements. FCTC Art. 11 Guidelines para. 55 provides that “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties upon importers who import tobacco products that do not conform to packaging and labeling requirements. In addition, the law or regulations should specify an enforcement agency or agencies.

Wholesaler

Uncertain
None
Gavel
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Analysis

The law authorizes the Government of Nepal to designate any officer of the Government of Nepal as an inspector to enforce the law. No government agency or officer has yet been designated.

The requirements of Secs. 7 and 9 of TPA apply only to tobacco product manufacturers. Therefore, there are no penalties imposed on wholesalers who sell tobacco products that do not conform to packaging and labeling requirements. FCTC Art. 11 Guidelines para. 55 provides that “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties upon wholesalers who sell tobacco products that do not conform to packaging and labeling requirements. In addition, the law or regulations should specify an enforcement agency or agencies.

Retailer

Uncertain
None
Gavel
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Analysis

The law authorizes the Government of Nepal to designate any officer of the Government of Nepal as an inspector to enforce the law. No government agency or officer has yet been designated.

The requirements of Secs. 7 and 9 of TPA apply only to tobacco product manufacturers. Therefore, there are no penalties imposed on retailers who sell tobacco products that do not conform to packaging and labeling requirements. FCTC Art. 11 Guidelines para. 55 provides that “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labeling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties upon retailers who sell tobacco products that do not conform to packaging and labeling requirements. In addition, the law or regulations should specify an enforcement agency or agencies.