Spain

The law sets out penalties for mild, serious, and very serious violations. Violations related to provisions on vending machines and other sales restrictions are categorized as follows:

- If vending machines do not have the mandatory health warning or when the sign does not meet the characteristics required by law, this will represent a mild offense punishable by a fine between 30 and 600 euros. In this case, the distributor and operator of the machine will be jointly punished.

- Serious offenses are subject to fines of between 601 euros and 10,000 euros. Among serious offenses are the following:
1. The installation or placement of tobacco-product vending machines at places where expressly prohibited.
2. The supply or distribution of products other than tobacco through tobacco vending machines.
3. When vending machines do not have the appropriate mechanism for activation or implementation by the owner of the establishment.
4. The sale and supply of tobacco products through distance sales or similar procedures.
5. The sale of tobacco for oral use.

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 in accordance with 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.

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

The law sets out penalties for mild, serious, and very serious violations. Violations related to sales restrictions are categorized as a serious offense, punishable with fines 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 in accordance with 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.

Lastly, the Autonomous Regional Governments and Autonomous Cities shall exercise the functions of control and inspection, ex officio or at the request of a party, and the preliminary investigation of penalization 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 minimum retail package size are categorized as a serious offense, punishable with fines 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 in accordance with 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.

Lastly, the Autonomous Regional Governments and Autonomous Cities shall exercise the functions of control and inspection, ex officio or at the request of a party, and the preliminary investigation of penalization 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 minimum legal sales age are categorized as follows:

- Not having or not displaying signs in a visible place informing of the ban against sales of tobacco to minors and warning of the health hazards derived from the use of tobacco is considered a mild infraction punishable with a fine of between 30 and 600 euros. Those owning the establishment where the violation is committed shall be held responsible.

- Serious offenses are subject to fines of between 601 euros and 10,000 euros. Among serious offenses: those related to tobacco sales to minors include allowing minors to use tobacco product vending machines. In these cases, the owner of the establishment where the infraction takes place or to the employee in charge of the establishment at the time the infraction is committed shall be held responsible.

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 in accordance with 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, warning to the public of the existence of possible offensive behavior.

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