Last updated: September 18, 2019
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
Section 18 of the Tobacco Products Act authorizes the Minister, by notice in the Gazette, to appoint any public officer or designate any body as an inspector. However, the Minister has not yet done so to date.
For violation of packaging and labeling provisions of the Tobacco Products Act (Sec. 6), the Tobacco Products Act provides for a fine and imprisonment. (The exact amounts and terms are uncertain as they differ between the Tobacco Products Act and the Tobacco Products Regulations.)
In addition to the penalties, a court may “having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act.”
The penalty provisions of the Tobacco Products Act align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it specifies a range of fines or other penalties commensurate with the severity of the violation, including repeat violations, and limitations on manufacturer and sales where appropriate.
Importer
(e.g., seizure of the product, publication of the violation/violator)
Section 18 of the Tobacco Products Act authorizes the Minister, by notice in the Gazette, to appoint any public officer or designate any body as an inspector. For violation of packaging and labeling provisions of the Tobacco Products Act (Sec. 6), the Tobacco Products Act provides for a fine and imprisonment. (The exact amounts and terms are uncertain as they differ between the Tobacco Products Act and the Tobacco Products Regulations.)
In addition to the penalties, a court may “having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act.”
The penalty provisions of the Tobacco Products Act align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it specifies a range of fines or other penalties commensurate with the severity of the violation, including repeat violations, and limitations on manufacturer and sales where appropriate.
Wholesaler
(e.g., seizure of the product, publication of the violation/violator)
Section 18 of the Tobacco Products Act authorizes the Minister, by notice in the Gazette, to appoint any public officer or designate any body as an inspector. However, the Minister has not yet done so to date.
For violation of packaging and labeling provisions of the Tobacco Products Act (Sec. 6), the Tobacco Products Act provides for a fine and imprisonment. (The exact amounts and terms are uncertain as they differ between the Tobacco Products Act and the Tobacco Products Regulations.)
In addition to the penalties, a court may “having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act.”
The penalty provisions of the Tobacco Products Act align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it specifies a range of fines or other penalties commensurate with the severity of the violation, including repeat violations, and limitations on manufacturer and sales where appropriate.
Retailer
(e.g., seizure of the product, publication of the violation/violator)
Section 18 of the Tobacco Products Act authorizes the Minister, by notice in the Gazette, to appoint any public officer or designate any body as an inspector. However, the Minister has not yet done so to date.
For violation of packaging and labeling provisions of the Tobacco Products Act (Sec. 6), the Tobacco Products Act provides for a fine and imprisonment. (The exact amounts and terms are uncertain as they differ between the Tobacco Products Act and the Tobacco Products Regulations.)
In addition to the penalties, a court may “having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act.”
The penalty provisions of the Tobacco Products Act align with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it specifies a range of fines or other penalties commensurate with the severity of the violation, including repeat violations, and limitations on manufacturer and sales where appropriate.
