Niger

A violation of the ban on vending machine sales is subject to a fine of five hundred thousand francs (500,000 FCFA) to five million francs (5,000,000 FCFA) (Art 33).

A violation of the ban on waterpipe tobacco is punishable by imprisonment of ten to thirty years, and a fine of fifty million francs (50,000,000 FCFA) to five hundred million francs (500,000,000 FCFA), or of one of these two punishments only. In addition, the closing of the establishment or industrial facility can be ordered for a period of at least fifteen (15) days, and at most, thirty (30) days. For a repeat offense, the permanent closing of the establishment or industrial facility will be ordered. In addition, the products may be seized and destroyed. (Art. 33).

For all violations, the law allows for the public posting of verdicts against the offender (Art. 38). Fines may be doubled for repeat offenses (Art. 39). A court may, if it finds an offender derived financial benefit from the offense, impose a supplemental fine equivalent to the financial benefit (Art. 40). A court may also order the suspension of activity that could give rise to the continuation or a repeat offense, suspension of the sale of tobacco products, and compensation to the State for expenses incurred (Art. 41).

For all violations, the Minister of Public Health, or his/her authorized agents, may elect to settle violations with a fine of one hundred thousand francs (100,000 FCFA) to one million francs (1,000,000 FCFA). If a violator does not accept the settlement, law enforcement may seize the offender's tobacco products. If the offender has not paid the proposed settlement within seventy-two (72) hours, the merchandise is to be put up for sale; the proceeds of the sale shall revert to the offender, with the deduction of the settlement and the costs of the seizure and arranging the sale, for an amount up to a maximum of 20% of the proceeds of the sale, unless the Minister of Public Health or the person delegated by him or by the court orders it to be raised. (Arts. 22, 23).

A violation of location-based sales restrictions is punishable by a minimum prison sentence of one (1) year, and a fine of five hundred thousand francs (500,000 FCFA) to five million francs (5,000,000 FCFA), or of one of these two punishments only (Art. 32). The law also allows for the public posting of verdicts against the offender (Art. 38). Fines may be doubled for repeat offenses (Art. 39). A court may, if it finds an offender derived financial benefit from the offense, impose a supplemental fine equivalent to the financial benefit (Art. 40). A court may also order the suspension of activity that could give rise to the continuation or a repeat offense, suspension of the sale of tobacco products, and compensation to the State for expenses incurred (Art. 41).

For any violation, the Minister of Public Health, or his/her authorized agents, may elect to settle violations with a fine of one hundred thousand francs (100,000 FCFA). If a violator does not accept the settlement, law enforcement may seize the offender's tobacco products. If the offender has not paid the proposed settlement within seventy-two (72) hours, the merchandise is to be put up for sale; the proceeds of the sale shall revert to the offender, with the deduction of the settlement and the costs of the seizure and arranging the sale, for an amount up to a maximum of 20% of the proceeds of the sale, unless the Minister of Public Health or the person delegated by him or by the court orders it to be raised. (Arts. 22, 23).

The law does not regulate the minimum size of tobacco product packages; therefore, there are no associated penalties.

Violations of the ban on sales to persons below the age of 18 are punishable by a fine of fifteen thousand (15 000) CFA. For repeat violations, fines are doubled and the establishment may be closed for fifteen (15) days at the minimum and thirty (30) days at the maximum. In the event of a legal judgment finding further violations by the same establishment, the permanent closure of the establishment may be ordered.