Last updated: July 29, 2023

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Public Health Inspectors; Inspectors under the Standards Act; Customs Officers under the Customs Act; a person upon whom the responsibility of the maintenance of law and order is vested by statute.

Fine, Jail
Analysis

Any person that manufactures, imports, distributes or sells a tobacco product that violates tobacco health warning and labeling requirements is subject to a fine of not less than 50,000,000.00 Leones or imprisonment for a term not less than five years or both.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the penalty provisions should specify a range of fines and penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, the law should consider other penalties such as license suspension and/or revocation.

Importer

Public Health Inspectors; Inspectors under the Standards Act; Customs Officers under the Customs Act; a person upon whom the responsibility of the maintenance of law and order is vested by statute.

Fine, Jail
Analysis

Any person that manufactures, imports, distributes or sells a tobacco product that violates tobacco health warning and labeling requirements is subject to a fine of not less than 50,000,000.00 Leones or imprisonment for a term not less than five years or both.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the penalty provisions should specify a range of fines and penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, the law should consider other penalties such as license suspension and/or revocation.

Wholesaler

Public Health Inspectors; Inspectors under the Standards Act; Customs Officers under the Customs Act; a person upon whom the responsibility of the maintenance of law and order is vested by statute.

Fine, Jail
Analysis

Any person that manufactures, imports, distributes or sells a tobacco product that violates tobacco health warning and labeling requirements is subject to a fine of not less than 50,000,000.00 Leones or imprisonment for a term not less than five years or both.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the penalty provisions should specify a range of fines and penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, the law should consider other penalties such as license suspension and/or revocation.

Retailer

Public Health Inspectors; Inspectors under the Standards Act; Customs Officers under the Customs Act; a person upon whom the responsibility of the maintenance of law and order is vested by statute.

Fine, Jail
Analysis

Any person that manufactures, imports, distributes of sells a tobacco product that violates tobacco health warning and labeling requirements is subject to a fine of not less than 50,000,000.00 Leones or imprisonment for a term not less than five years or both.

To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the penalty provisions should specify a range of fines and penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, the law should consider other penalties such as license suspension and/or revocation.