According to the infraction committed, it shall be sanctioned:
- a)With a fine of ten percent (10%) of a base salary, for natural persons who smoke in prohibited sites.
- b)With a fine of fifteen percent (15%) of a base salary, for responsible persons and heads who fail to comply with the duty to place, in sites prohibited for smoking, notices with the phrase "Prohibido fumar, ambiente libre de humo de tabaco" and with the international no-smoking symbol, as well as any other notice established by the regulation of this law.
- c)With a fine of fifty percent (50%) of a base salary for anyone who incurs any of the following conducts:
i.- Anyone who holds the position of administrator, director, curator, trustee, legal representative, and other natural persons with decision-making powers, in any public or private company or institution, when it is proven that they have permitted smoking in prohibited sites.
ii.- Anyone who manufactures, imports, or sells food or toys that have the shape or design of tobacco products.
iii.- Anyone who sells or supplies tobacco products in one-hundred-percent smoke-free places and spaces where smoking is prohibited.
iv.- Anyone who sells or supplies loose cigarettes, at retail, or in packs containing fewer than twenty units.
v.- Anyone who sells, supplies, or distributes, for consideration or free of charge, tobacco products using vending or dispensing machines.
vi.- Anyone who distributes, free of charge, tobacco products in prohibited places.
vii.- Anyone who sells or supplies tobacco products to persons under eighteen years of age.
viii.- Anyone who sells or supplies tobacco products using any means that does not allow for verification of the identity of the purchasers.
- d)With a fine of ten base salaries for anyone who incurs any of the following conducts:
i.- Anyone who fails to comply with the obligation to provide complete and detailed information on tobacco products to the Ministry of Health, as provided in Article 8 of this law.
ii.- Anyone who fails to comply with the obligation to fulfill the customs procedures for tobacco products or the conditions established by the Ministry of Health for the storage and distribution of tobacco products that are under a tax or duty suspension regime.
iii.- Anyone who fails to comply with the obligation to place health warnings, legends, or health-content information on packs and cartons.
iv.- Anyone who fails to comply with any of the regulatory and technical specifications for the packaging and labeling of tobacco products.
v.- Anyone who fails to comply with any of the provisions related to the advertising, promotion, and sponsorship of tobacco products established in this law.
In addition to the indicated monetary sanctions (multas), the municipalities and the Ministry of Health may close the premises that fail to comply with the obligations stipulated in this law. In cases where it is required to renew permits or licenses before these entities or any other State institution, they must demonstrate, through certification duly issued by the Ministry of Health, that they are up to date with the payment of the fines (multas) established in this article.
(Note from Sinalevi: Through resolution No. MS-DM-JM-6737-2021 of November 5, 2021, a moratorium is established on the payment of the fines of Article 36 of Law 9028 of March 22, 2012, "Ley General de Control del Tabaco y sus efectos nocivos en la salud", until March 1, 2022; therefore, as of the effective date of this resolution and before that date (March 1, 2022), establishments whose permit holders have not paid the fine may not be closed.)