LANGUAGE
Last updated: July 27th 2015

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Competent authorities of the cities with provincial status and at the county (city) level
Fine, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

A manufacturer or importer who violates packaging and labeling requirements is subject to “a fine in an amount of no less than NTD 1,000,000 but no more than NTD 5,000,000, and shall be ordered to recall such tobacco products within a specified period of time. Those who fail to recall within the specified period of time shall be fined continuously and independently for each violation. The tobacco products found to be in violation shall be confiscated and destroyed.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of fines. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose other types of penalties, such as license suspension or revocation.

Law Source, Section

Importer

Competent authorities of the cities with provincial status and at the county (city) level
Fine, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

A manufacturer or importer who violates packaging and labeling requirements is subject to “a fine in an amount of no less than NTD 1,000,000 but no more than NTD 5,000,000, and shall be ordered to recall such tobacco products within a specified period of time. Those who fail to recall within the specified period of time shall be fined continuously and independently for each violation. The tobacco products found to be in violation shall be confiscated and destroyed.”

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of fines. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose other types of penalties, such as license suspension or revocation.

Law Source, Section

Wholesaler

Competent authorities of the cities with provincial status and at the county (city) level
Fine
Analysis

Anyone who sells tobacco products, i.e., wholesalers and retailers, in violation of the packaging and labeling provisions is subject to a fine of no less than NTD 10,000 but no more than NTD 50,000.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of fines. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose other types of penalties, such as license suspension or revocation.

Law Source, Section

Retailer

Competent authorities of the cities with provincial status and at the county (city) level
Fine
Analysis

Anyone who sells tobacco products, i.e., wholesalers and retailers, in violation of the packaging and labeling provisions is subject to a fine of no less than NTD 10,000 but no more than NTD 50,000.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to imposing a range of fines. However, to more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose other types of penalties, such as license suspension or revocation.

Law Source, Section