Last updated: September 17, 2019

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Uncertain
Fine, Jail, Other

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

Analysis

Anyone who “sells” tobacco products without the required health warnings and information on the packaging is subject to fine of up to 200,000 PLN, or a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance. While the law applies to those who “sell” tobacco products, this is interpreted as applying to manufacturers, importers, wholesalers, and retailers. The law does not specify which agency has enforcement authority.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.

Importer

Uncertain
Fine, Jail, Other

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

Analysis

Anyone who “sells” tobacco products without the required health warnings and information on the packaging is subject to fine of up to 200,000 PLN, or a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance. While the law applies to those who “sell” tobacco products, this is interpreted as applying to manufacturers, importers, wholesalers, and retailers. The law does not specify which agency has enforcement authority.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.

Wholesaler

Uncertain
Fine, Jail, Other

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

Analysis

Anyone who “sells” tobacco products without the required health warnings and information on the packaging is subject to fine of up to 200,000 PLN, or a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance. While the law applies to those who “sell” tobacco products, this is interpreted as applying to manufacturers, importers, wholesalers, and retailers. The law does not specify which agency has enforcement authority.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.

Retailer

Uncertain
Fine, Jail, Other

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

Analysis

Anyone who “sells” tobacco products without the required health warnings and information on the packaging is subject to fine of up to 200,000 PLN, or a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance. While the law applies to those who “sell” tobacco products, this is interpreted as applying to manufacturers, importers, wholesalers, and retailers. The law does not specify which agency has enforcement authority.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers, importers, wholesalers, and retailers bear legal responsibility for compliance with packaging and labeling measures. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.