Last updated: August 18, 2020

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health
Fine, Jail, Other

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

Analysis

Other available relevant penalties and corrective actions include the confiscation and destruction of products.

For a first offense, penalties include a fine of R100,000 or imprisonment up to three years. For subsequent offenses, penalties include a fine of R150,000 and imprisonment up to three years.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, increased sanctions for repeat offenses, and corrective action.

Importer

Ministry of Health
Fine, Jail, Other

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

Analysis

Other available relevant penalties and corrective actions include the confiscation and destruction of products.

For a first offense, penalties include a fine of R100,000 or imprisonment up to three years. For subsequent offenses, penalties include a fine of R150,000 and imprisonment up to three years.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, increased sanctions for repeat offenses, and corrective action.

Wholesaler

Ministry of Health
Fine, Jail, Other

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

Analysis

Other available relevant penalties and corrective actions include the confiscation and destruction of products.

For a first offense, penalties include a fine of R100,000 or imprisonment up to three years. For subsequent offenses, penalties include a fine of R150,000 and imprisonment up to three years.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, increased sanctions for repeat offenses, and corrective action.

Retailer

Ministry of Health
Fine, Jail, Other

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

Analysis

Other available relevant penalties and corrective actions include the confiscation and destruction of products.

For a first offense, penalties include a fine of R100,000 or imprisonment up to three years. For subsequent offenses, penalties include a fine of R150,000 and imprisonment up to three years.

The penalty provisions align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that they provide for a range of penalties, increased sanctions for repeat offenses, and corrective action.