Last updated: January 12, 2021
Penalties
Sales Restrictions
The Tobacco Products Act provides that the government may designate any officer as an inspector. The Directive adds that the inspector may request assistance from the police, local agencies, social organizations, media, Public Health Offices, or any other actor to execute inspections effectively on compliance with tobacco control provisions. However, the enforcement agency remains uncertain.
Although the law does not provide specific penalties for violations of sales restrictions related to internet sales, vending machines, or single sticks, two possible interpretations could be made, as follows:
1) Violations may be punishable by penalties for advertising, promotion & sponsorship provisions - a fine up to 100,000 rupees.
2) Violations may be punishable by the general amount specified in Sec. 17(5)(e) of the Tobacco Control Act - a fine up to 5.000 rupees.
Because there is no clarity on how violations of these provisions shall be punished, the regulatory status code “Uncertain” is given.
Location-based Sales Restrictions
The Tobacco Products Act provides that the government may designate any officer as an inspector. The Directive adds that the inspector may request assistance from the police, local agencies, social organizations, media, Public Health Offices, or any other actor to execute inspections effectively on compliance with tobacco control provisions. However, the enforcement agency remains uncertain.
Violations of location-based sales restrictions are punishable by a fine not exceeding 10,000 rupees. In addition, inspectors shall instruct vendors or distributors to stop such activities immediately.
Minimum Retail Package Size
Although the law does not provide specific penalties for violations of the minimum retail package size, two possible interpretations could be made, as follows:
1) Violations may be punishable by sanctions applicable to packaging regulations - a fine up to 50,000 rupees and seizure and/or destruction of the product.
2) Violations may be punishable by the general amount specified in Sec. 17(5)(e) of the Tobacco Control Act - a fine of up to 5,000 rupees.
Because there is no clarity on how violations of the minimum retail package size shall be punished, the regulatory status code “Uncertain” is given.
Minimum Legal Sales Age
The Tobacco Products Act provides that the government may designate any officer as an inspector. The Directive adds that the inspector may request assistance from the police, local agencies, social organizations, media, Public Health Offices, or any other actor to execute inspections effectively on compliance with tobacco control provisions. However, the enforcement agency remains uncertain.
Violations of the ban on sales to persons below the age of 18 are punishable by a fine not exceeding 10,000 rupees. In addition, inspectors shall instruct vendors or distributors to stop such activities immediately.