Spain

Not specified

The law sets out penalties for mild, serious, and very serious violations. Although the law does not expressly address violations related to provisions on cigarette contents, it is understood that this falls under the scope of a generalized penalty included in the law, which is categorized as a serious offense. The law establishes that the failure to comply with the regulatory requirements regarding the manufacture, presentation, sale, quality, and safety of tobacco products is punishable with a fine of between 601 euros and 10,000 euros.

The amount of the fine shall take into account the health risk created by the offense, the economic capacity of the offender, the social repercussion of the offense, and the benefit yielded to the offender. Maximum fines shall be imposed where the offense has occurred repeatedly. If the fine is less than the benefit obtained from the breach, the fine shall be increased to double the amount of the benefit to the offender.

For serious and very serious offenses, the law authorizes the adoption of precautionary measures when a sanctioning procedure is opened following the regulations of the Regional Governments. These measures shall be deemed necessary to ensure the efficiency of the resolution ultimately issued and the good end to the procedure, and to avoid the continuation of the effects of the violation and the requirements of the general interest. These measures include the seal, deposit, or seizure of the tobacco products or computer devices and supporting information, and warning to the public of the existence of possible offensive behavior.

The Autonomous Regional Governments and Cities shall exercise the functions of control and inspection, ex officio or at the request of a party, the preliminary investigation of penalty files, and the imposing of penalties. However, when violations occur at the supra-regional or international level, the General State Administration shall exercise these functions.

The law sets out penalties for mild, serious, and very serious violations. Violations related to disclosure requirements are categorized as serious offenses punishable with a fine of between 601 euros and 10,000 euros.

The amount of the fine shall take into account the health risk created by the offense, the economic capacity of the offender, the social repercussion of the offense, and the benefit yielded to the offender. Maximum fines shall be imposed where the offense has occurred repeatedly. If the fine is less than the benefit obtained from the breach, the fine shall be increased to double the amount of the benefit to the offender.

For serious and very serious offenses, the law authorizes the adoption of precautionary measures when a sanctioning procedure is opened following the regulations of the Regional Governments. These measures shall be deemed necessary to ensure the efficiency of the resolution ultimately issued and the good end to the procedure, and to avoid the continuation of the effects of the violation and the requirements of the general interest. These measures include the seal, deposit, or seizure of the tobacco products or computer devices and supporting information, and warning to the public of the existence of possible offensive behavior.

The Autonomous Regional Governments and Cities shall exercise the functions of control and inspection, ex officio or at the request of a party, the preliminary investigation of penalty files, and the imposing of penalties. However, when violations occur at the supra-regional or international level, the General State Administration shall exercise these functions.