Republic of the Marshall Islands Tobacco Control Act 2006.
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 17 - TOBACCO CONTROL
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
REPUBLIC OF THE MARSHALL ISLANDS TOBACCO
CONTROL ACT 2006.
Arrangement of Sections
Section Page
PART I - PRELIMINARY 3
§1701. Short Title. ............................................................................................................................. 3
§1702. Definitions. ............................................................................................................................ 3
§1703. Purpose. ................................................................................................................................. 5
PART II – GENERAL REQUIREMENTS 5
§1704. Product regulation. .............................................................................................................. 5
PART III – PACKAGING AND LABELING 6
§1705. Requirements for packaging and labeling. ....................................................................... 6
PART IV – ADVERTISING AND PROMOTION 7
§1706. Requirements for advertising and promotion. ................................................................. 7
PART V - DISTRIBUTION 9
§1707. Prohibitions in relation to distribution of tobacco. .......................................................... 9
PART VI - USE 11
§1708. Smoking in work place and public areas prohibited. ................................................... 11
PART VII – MEASURES TO COMBAT SMUGGLING 12
§1709. Requirements for export. ................................................................................................... 12
PART VIII – INSPECTION 14
§1710. Appointment and powers of inspectors. ........................................................................ 14
PART IX – ENFORCEMENT 17
§1711. Offences and penalties. ..................................................................................................... 17
PART X – FINANCIAL PROVISIONS 20
§1712. Establishment of the Tobacco Control Fund. ................................................................. 20
PART XI – ADMINISTRATION OF THE ACT 21
§1713. Administration of the Act. ................................................................................................ 21
§1714. Effective Date. ..................................................................................................................... 21
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 17 - TOBACCO CONTROL
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
REPUBLIC OF THE MARSHALL ISLANDS TOBACCO
CONTROL ACT 2006.
AN ACT to regulate the manufacture, labeling, promotion, distribution and use of
tobacco products.
Commencement: December 5, 2006
Source: P.L. 2006-68
PART I - PRELIMINARY
§1701. Short Title.
This Chapter may be cited as the Republic of the Marshall Islands Tobacco
Control Act, 2006.
§1702. Definitions.
In this Chapter, unless the context otherwise requires:
(a) “appeal” refers to the ability of a product to provide physical
or psychological pleasure, satisfaction, or other positive
quality to the consumer;
(b) “brand element” includes the brand name, trade-mark, trade-
name, distinguishing guise, logo, graphic arrangement, design,
slogan, symbol, motto, selling message, recognizable color or
pattern or colors, or any other indicia of product identification
identical or similar to, or identifiable with those used for any
brand of tobacco product;
(c) “character” refers to the distinctive qualities of a tobacco
product;
(d) “composition” refers to the content, arrangement or
combination of substances included in the processing and
manufacture of tobacco products;
(e) “distribute” means to sell, offer to sell, expose for sale, give,
supply exchange, convey, consign, deliver, furnish, or transfer
possession for commercial purposes, or offer to do so, whether
for a fee or other consideration or as a sample, gift, prize, or
otherwise being lighted;
(f) “emission” means any substance or combination of substances
that is produced as a result of a tobacco being lighted;
(g) “inspector” means a person or class of persons designated as
an inspector under section 1710(1);
(h) “manufacturer” includes any entity that is associated with the
manufacturer, including an entity that controls or is controlled
by the manufacturer or that is controlled by the same entity
that controls the manufacturer;
(i) “Minister” means the Minister of Health or his or her
designate;
(j) “Ministry” means the Ministry of Health;
(k) “package” means the container, receptacle or wrapper in
which a tobacco product is sold or displayed at retail,
including a carton that contains smaller packages;
(l) “promotion” means the practice of fostering awareness of and
positive attitudes toward a product, brand or manufacturer for
the purpose of selling the product or encouraging tobacco use,
through various means including direct advertisement,
discounts, incentives, rebates, free distribution, promotion of
brand elements through related events and products through a
public medium of communication;
(m) “Tobacco Control Account” means the bank account
established under section 1712(1) and administered by the
Secretary of the Ministry of Health and the Secretary of the
Ministry of Finance:
(n) “Secretary” means the Secretary of Health or his or her
designate;
(o) “tobacco product” means a product composed in while or in
part of tobacco, including tobacco leaves and any extract of
tobacco leaves. It includes cigarette papers, tubes and filters;
(p) “toxicity” refers to the quality, relative degree or specific
degree of being toxic or poisonous;
(q) “vending machine” means any means of distribution of
tobacco products that is not mediated by a human being;
(r) “child” means a person under 18 years old.
§1703. Purpose.
The purpose of this Chapter is to reduce tobacco use and its consequent
harm by:
(a) protecting children and other nonsmokers from inducements
to use tobacco;
(b) protecting nonsmokers from exposure to tobacco smoke;
(c) ensuring that the population is adequately informed about the
risks of tobacco use and exposure to second hand tobacco
smoke and about the benefits of quitting smoking;
(d) promoting a climate where nonsmoking and the absence of
tobacco promotion is the norm.
PART II – GENERAL REQUIREMENTS
§1704. Product regulation.
(1) No person shall manufacture, sell, or import a tobacco product except
in compliance with this Chapter and any regulations made under this
Chapter .
(2) Every manufacturer and importer of a tobacco product shall provide
the Secretary, in the prescribed manner and within the prescribed
time, information about the product and its emissions as required by
Regulations promulgated under this Chapter .
(3) No person shall sell, offer for sale, distribute, advertise or promote
any brand of tobacco products that was not sold, distributed,
advertised or promoted in the country at least one year before the
effective date of this Chapter.
(4) The Minister may make regulations:
(a) establishing standards for the manufacture of tobacco
products, including:
(i) prescribing the amount of substances that may be
contained in the product or its emission;
(ii) prescribing substances that may not be added to
tobacco products;
(iii) prescribing product design standards to reduce the
harmful effects of tobacco products and to reduce their
appeal to youth; and
(b) prescribing test methods, including methods to assess
conformity with the standards;
(c) prescribing information that manufacturers must provide to
the Minister and or the public about tobacco products and
their emission, including sales data and information on
product composition, ingredients, hazardous properties and
brand elements; and
(d) generally as needed to carry out this part of the Chapter .
PART III – PACKAGING AND LABELING
§1705. Requirements for packaging and labeling.
(1) No person shall manufacture, sell, or import a tobacco product
unless, the package containing it displays, in the prescribed form and
manner, information required by the regulations concerning:
(a) the product and its emissions;
(b) health hazards and effects arising from the use of the product
or from its emissions;
(c) health related messages, including advice on how to quit
smoking;
(d) markings designed to facilitate efforts to identify illegally
manufactured or distributed tobacco products or products for
which tax has not been paid.
(2) No person shall package tobacco in a manner that allows a consumer
or purchase of tobacco products to be deceived or misled concerning
its character, properties, toxicity, composition, merit or safety.
(3) Requirements under subsections (1) and (2) do not relieve a
manufacturer or retailer of other obligations or liabilities arising from
other applicable legal norms to warn consumers of the risks of using
tobacco products.
(4) The Minister may make regulations on:
(a) the content and format of information that must appear on
packages and in leaflets pursuant to section 1709;
(b) information that may not appear on packages; and
(c) generally as needed to carry out this part of the Chapter .
PART IV – ADVERTISING AND PROMOTION
§1706. Requirements for advertising and promotion.
(1) No person shall promote or cause to promote by any other person, a
tobacco product or a tobacco product-related brand element, except
as prescribed by the Chapter or regulations.
(2) Notwithstanding regulations made under this Chapter, no person
shall promote or cause to promote tobacco products or brand
elements:
(a) in a manner that allows a consumer or purchaser of tobacco
products to be deceived or misled concerning its character,
properties, toxicity, composition, merit or safety;
(b) that does not display, in the prescribed form and manner, the
information required by regulations about the product and its
emissions, health hazards and effects arising from the use of
the product or from its emissions, and other health-related
messages such as advice on how to quit smoking;
(c) through means of promotion that can be viewed from
outdoors.
(d) utilizing any item other than a tobacco product, or a physical
establishment or vehicle of any kind, which bears the brand
name (alone or in conjunction with any other word), trade-
mark, trade-name, distinguishing guise, logo, graphic
arrangement, design, slogan, symbol, motto, selling messages,
recognizable color or pattern of colors, or any other indicia of
product identification identical or similar to, or identifiable
with, those used for any brand of tobacco product;
(e) utilizing any athletic, musical, artistic or any other social or
cultural event, or any entry or team in any event, in the brand
name (alone or in conjunction with any other word), trade-
mark, trade-name, distinguishing guise, logo, graphic
arrangement, design, slogan, symbol, motto, selling message,
recognizable color or pattern of colors, or any other indicia of
product identification identical or similar to, or identifiable
with, those used for any brand of tobacco product.
(3) Nothing in subsection 2(e) of this section shall prevent a person from
sponsoring or causing to be sponsored any athletic, musical, artistic
or any other social or cultural event, or any entry or team in any
event, in the name of a corporation which manufactures a tobacco
product, provided that both the corporate name and the corporation
were registered and in use in this country prior to 31 January 2006
and that the corporate name does not include any brand name (alone
or in conjunction with any other word), trade-mark, trade-name,
distinguishing guise, logo, graphic arrangement, design, slogan,
symbol, motto, selling message, recognizable color or pattern of
colors, or any other indicia of product identification identical or
similar to, or identifiable with, those used for any brand of tobacco
product.
(4) Nothing in this section shall apply to the publication by a
manufacturer of a tobacco product advertisement in a printed
publication that is intended for distribution only to employees of the
tobacco trade for trade purposes.
(5) No person shall offer or provide any consideration, direct or indirect,
for the purchase of a tobacco product, including a gift to a purchaser
or a third party, bonus, premium, cash rebate or right to participate in
a game, lottery or contest, or distribute a tobacco product without
monetary consideration, or in consideration of the purchase of a
product or service or the performance of a service.
(6) The Minister may make regulations:
(a) prescribing the form and manner of any health messages to be
required on promotional material or representations by any
means;
(b) prescribing the format, content and placement of any tobacco
promotion;
(c) requiring tobacco manufacturers to report the amount of
monetary expenditures on tobacco promotion by brand and by
type of media and prescribing the format and frequency of
reporting;
(d) prescribing schedules for the implementation of promotional
restrictions;
(e) generally as needed to carry out this part of the Chapter .
PART V - DISTRIBUTION
§1707. Prohibitions in relation to distribution of tobacco.
(1) No person shall sell or offer to sell tobacco to a child.
(2) It shall not be a defense to the above-mentioned clause that the
person appeared to be 18 years old or older.
(3) It shall be a defense to subsection (1) that the purchaser presented a
prescribed form of identification showing his or her age and that
there was no apparent reason to doubt the authenticity of the
document or that it was issued to the person producing it.
(4) Nothing in this section prevents a person from giving tobacco or a
tobacco related product to a young person if the gift is made solely
for use in traditional, spiritual or cultural practices or ceremonies.
(5) No person shall sell or offer to sell tobacco products except in a
package containing the quantities or number of units prescribed by
regulation.
(6) No person shall sell or offer to sell tobacco products in a place other
than those prescribed by regulations.
(7) Notwithstanding any regulation made under this Chapter, no person
shall sell or offer to sell tobacco products in the following places:
(a) health institutions, including hospitals, pharmacies, and health
clinics;
(b) educational institutions, including primary, secondary, and
post secondary schools;
(c) facilities with a significant portion of youth clientele, including
parks, movie theaters and sports facilities; and
(d) such other places as may be prescribed by regulations.
(8) No person shall sell or offer to sell a tobacco product unless it is
hidden from view of the general public at point of sale.
(9) Notwithstanding subsection (8), retailers may post signs indicating
that tobacco products are available for sale, the specific products or
brands available for sale, and their respective prices, provided that
brand elements are not visibly displayed.
(10) No person shall sell or offer to sell tobacco products:
(a) by means of a display that permits a person to handle the
tobacco product before paying for it;
(b) through a vending machine;
(c) through the mail or the internet;
(d) at a retail store unless signs bearing health warnings and other
information are posted at the place in accordance with the
regulations.
(11) No person shall, at any place or premises in which tobacco or
tobacco-related products are sold at retail, display any sign
respecting the legal age to purchase tobacco or tobacco-related
products unless the signs is supplied or approved by the Ministry of
Health.
(12) The Minister may make regulations:
(a) prescribing acceptable forms of identification under
subsection (3);
(b) prescribing quantities of tobacco to be sold in a single package;
(c) prescribing places where tobacco products may be sold;
(d) prescribing required signage at point of sale;
(e) generally as needed to carry out this part of the Chapter .
PART VI - USE
§1708. Smoking in work place and public areas prohibited.
(1) No person shall smoke tobacco or hold lighted tobacco in enclosed,
indoor areas of any private or public work place, or any public place.
(2) For the purpose of this Chapter, private or public work places and
public places include inter alia the following:
(a) offices and office buildings including public areas, corridors,
lounges, eating areas, reception areas, elevators, escalators,
foyers, stairwells, restrooms, laundry rooms and individual
offices;
(b) factories;
(c) health institutions;
(d) educational institutions of all levels;
(e) any premises in which children are cared for a fee;
(f) any means of transportation used for commercial, public or
professional purposed and used by more than one person;
(g) public transportation terminals;
(h) retail establishments including shopping malls;
(i) cinemas;
(j) church halls;
(k) sports facilities;
(l) bars and restaurants;
(m) pool halls;
(n) publicly owned facilities rented out for events;
(o) any other facilities accessible to the public; and
(p) any other facilities that employ paid personnel.
(3) All private and public workplaces and public places shall post signs,
in accordance with regulations, that clearly indicate that the
establishment is smoke free.
(4) The Minister may make regulations:
(a) prescribing the location, content and format of any signs
required to identify smoke free establishments;
(b) generally as needed to carry out this part of the Chapter .
PART VII – MEASURES TO COMBAT SMUGGLING
§1709. Requirements for export.
(1) No tobacco product shall be exported from the Republic of the
Marshall Islands without the posting by the manufacturer or exporter
of a bond for shipment with the Ministry of Finance in the manner
and an amount to be prescribed by regulations and containing the
following information and documents, as applicable:
(a) the name, license number, address, telephone, fax numbers
and e-mail of the manufacturer, including the country of
manufacturer;
(b) the name, license number, address, telephone, fax numbers
and e-mail of the exporter, including the country of export;
(c) the name, license number, address, telephone, and fax
numbers and e-mail of the importer or purchaser, and any
person who receives the shipment of the importer or
purchaser’s behalf;
(d) the name, address, telephone, and fax numbers of the intended
carrier(s) of the shipment and the means of transport;
(e) the names of the cities and countries through which the
shipment will be transported;
(f) identification of the country of final destination;
(g) the name, license number, address, telephone, and fax
numbers of any distributors and other intermediaries handling
the shipment;
(h) the date of the shipment, the period of time over which the
shipment is to be in transit, the date of expected arrival in the
country of final destination, and the itinerary correlated with
dates of entry and exit for each point of entry and exit;
(i) physical description of the products shipped, including lot,
batch or serial numbers of all products contained in the
shipment;
(j) number of individual packages, number of sticks in each
package or gram amount, as applicable, number of bulk
packages, number of individual packages contained in each
bulk package, and the weight of each bulk package contained
in the shipment;
(k) copies of all purchase orders, invoices, shipping or transport,
and transit documents related to the shipment;
(l) a description of any tax stamps or special marking or design
features on packages contained to the shipment;
(m) an affidavit of the exporter stating that:
(i) he or she has exhausted all reasonable means to
investigate the degree of demand for the products in the
country of destination and determined that there is
legitimate demand there for the number of products
ordered and shipped;
(ii) there is no substantial basis for believing that any
person receiving or handling the shipment has been or
is involved in illegal commercial activity or that the
products will be sold illegally;
(iii) he or she has complied with all labeling and other legal
requirements;
(iv) information and documents supplied are true and
correct to the best of his or her knowledge.
(2) The bond made pursuant to subsection (1) shall be forfeited unless
the manufacturer or exporter, as applicable, provides the Secretary of
the Ministry of Health with the following information within 30
calendar days of the date the goods are shipped.
(3) Evidence of the claim of custody and proof that all goods reached
their final destination without any product being sold or distributed
without the full payment of all applicable duties, including but not
limited to:
(a) copies of all bills of lading or other evidence of receipt by all
importers and intermediaries;
(b) proof of payment of all applicable duties;
(c) copies of invoices received from any intermediaries handling
the shipment;
(d) copies of delivery records;
(e) copies of all payment records;
(f) any other information required by the Minister in
implementing regulations.
(4) The Minister may make regulations under this Part to establish
requirements to enable the tracking and tracing of tobacco products
through the distribution from the manufacturer to the point where all
relevant duties and taxes have been paid, for the purpose of assisting
law enforcement authorities to detect and investigate illicit
manufacture and distribution of tobacco products and identify those
responsible for illegal activities under the Chapter .
(5) Regulations under subsection (4) may include but are not limited to
the use of:
(a) overt or covert markings to uniquely identify each individual
tobacco product and or any of its packaging;
(b) overt markings to clearly identify the legal intended end-
market destination of tobacco products;
(c) scanning of tobacco products and their packaging or other
procedures that identify their origin and passage through the
distribution chain; and
(d) any other relevant technology that may emerge.
PART VIII – INSPECTION
§1710. Appointment and powers of inspectors.
(1) For the purpose of this Chapter, the Minister in consultation with the
Public Service Commission may appoint any person or designate any
class of persons to perform the duties of inspector. Responsibilities of
an inspector shall be specified in the act of appointment.
(2) Every person authorized as an inspector under subsection (1) may, at
any reasonable time, to ascertain compliance with this Chapter and
the regulation under it, enter and inspect any of the following places:
(a) those places referred to in section 1708(2);
(b) where tobacco is manufactured, tested, stored, packaged,
labeled or sold;
(c) where layouts and requirements stated in section 1707(9) are to
be found;
(d) where anything used in the manufacture, storage, packing,
promotion, sale or testing of tobacco is to be found;
(e) where information relating to the manufacture, storage,
packaging, labeling, promotion, sale or testing of tobacco is to
be found.
(3) Authorized inspectors shall have the following powers, which no
person shall deny, obstruct, or hinder:
(a) the power to examine, open, and test any equipment, tools,
materials, packages or anything the authorized officer
reasonably believes is used or capable of being used for the
manufacture, packaging, labeling, storage, distribution or
advertising or promotion (if allowed) of tobacco products;
(b) the power to examine any operation or process carried out on
the premises;
(c) the power to examine and make copies of or from any books,
documents, notes, files, including electronic files, or other
records the authorized officer reasonably believes might
contain information relevant to determining compliance with
regulatory requirements;
(d) the power to interview or question any licensee or other
person involved in manufacturing, importing, exporting,
transporting, packaging, marketing (if allowed) or distributing
tobacco products, any owner of the premises, or any person
using the premises, and his or her employees, agents,
contractors and workers, all of whom shall cooperate fully and
truthfully with any inspection or investigation;
(e) the power to make samples of tobacco products or
components of products anywhere they are found and have
them tested;
(f) the power to stop, search, and detain any aircraft, ship,
vehicles or other means of transport or storage in which the
authorized officer reasonably believes tobacco products are
contained or conveyed and to examine, open, take samples of
and have tested any tobacco products or product components
found therein; and
(g) the power to seize and detain, or order the storage without
removal or alteration of any tobacco product the authorized
officer reasonably believes does not comply with regulatory
requirements, upon providing the licensee or owner of the
tobacco products, or if he or she is unavailable, any other
person on the premises where the tobacco products are
located, written notice of the seizure and detention and the
grounds for it. If any tobacco product so seized and detained is
determined to meet regulatory requirements, it shall be
returned immediately to the premises from which it was
seized. If any tobacco product is determined not to meet
regulatory requirements, it may be confiscated and destroyed
or subject to other disposal, as ordered by the adjudicator of
the case.
(4) An inspector entering a place to inspect it under this section must, on
request, provide the operator of the place with proof of identity and
produce a certificate or appointment signed by the Minister, or by a
person designated in accordance with regulations.
(5) An inspector may not enter a dwelling-place except with the consent
of the occupant or under the authority of a search warrant issued in
accordance with applicable laws of the Republic.
(6) No person shall hinder in any way the performance of the duties of
an inspector or analyst, mislead them by concealment or false
statements, or refuse to provide them with any information or
document to which they are entitled under this Chapter, or destroy
any such information or document.
(7) During an inspection under this Chapter, an inspector may seize any
tobacco product or other thing by means of which or in relation to
which the inspector believes on reasonable grounds that this Chapter
has been contravened.
PART IX – ENFORCEMENT
§1711. Offences and penalties.
(1) Any person found guilty of violating any provision under
section 1704 of this Chapter shall be liable for a fine of:
(a) in the case of an individual, not less than $500 and not more
than $5,000 for the first offense, and of not less than $1,000 and
not more than $10,000 for subsequent offences; and
(b) in the case of a manufacturer, not less than $1,000 and not
more than $10,000 for the first offense, and of not less than
$2,000 and not more than $20,000 for subsequent offences.
(2) Any person found guilty of violating any provision under section
1705 of this Chapter shall be liable for a fine of:
(a) in the case of an individual, not less than $500 and not more
than $5,000 for the first offence, and of not less than $1,000 and
not more than $10,000 for subsequent offences; and
(b) in the case of a manufacturer, not less than $1,000 and not
more than $10,000 for the first offence, and of not less than
$2,000 and not more than $20,000 for subsequent offences.
(3) Any person found guilty of violating any provision under section
1706 of this Chapter shall be liable for a fine of:
(a) in the case of an individual, not less than $500 and not more
than $5,000 for the first offence, and of not less than $1,000 and
not more than $10,000 for subsequent offences; and
(b) in the case of a manufacturer, not less than $1,000 and not
more than $10,000 for the first offence, and of not less than
$2,000 and not more than $20,000 for subsequent offences.
(4) Any person found guilty of violating any provision under section
1707 of this Chapter shall be liable for a fine of:
(a) in the case of an individual, not less than $500 and not more
than $5,000 for the first offence, and of not less than $1,000 and
not more than $10,000 for subsequent offences;
(b) in the case of the proprietor of a retail establishment, not less
than $1,000 and not more than $10,000 for the first offence, and
of not less than $2,000 and nor more than $20,000 for
subsequent offences; and
(c) in the case of a manufacturer, not less than $1,500 and not
more than $10,000 for the first offence, and of not less than
$2,500 and not more than $20,000 for subsequent offences.
(5) Any proprietor, owner or manager of any premises listed under
section 1708 of this Act found guilty of failing to enforce the smoke-
free policy applicable to the facility under his or her responsibility,
including the posting of prescribed signs and ensuring that any
designated smoking areas meet the requirements of the Act and its
regulations, shall be liable for a fine of not less than $500 and not
more than $5,000 for the first offence, and of not less than $1,000 and
not more than $10,000 for subsequent offences.
(6) Any person found guilty of smoking in a place where smoking is
prohibited under section 1708 of this Chapter shall be liable for a fine
of not less than $500 and not more than $1,000 for the first offence,
and of not less than $1,000 and not more than $2,500 for subsequent
offences.
(7) Any person found guilty of violating any provision under
section 1709 of this Chapter shall be liable for a fine of:
(a) in the case of an individual, not less than $2,500 and not more
than $10,000 for the first offence, and of not less than $5,000
and not more than $20,000 for the subsequent offences;
(b) in the case of a proprietor of a retail establishment, not less
than $3,000 and not more than $10,000 for the first offence, and
of not less than $6,000 and not more than $20,000 for the
subsequent offences;
(c) in the case of a wholesale distributor, not less than $3,500 and
not more than $10,000 for the first offence, and of not less than
$7,000 and not more than $20,000 for subsequent offences;
(d) in the case of a manufacturer, not less than $4,000 and not
more than $10,000 for the first offence, and of not less than
$8,000 and not more than $20,000 for subsequent offences;
(8) In addition to any fines imposed, any person found guilty of
violating any provision under section 1709 of this Chapter shall be
liable for a penalty equivalent to the proceeds from the distribution of
illegal tobacco products as well as taxes and duties owed on those
products.
(9) Nothing in this Chapter shall preclude the criminal enforcement of its
provisions in a Court of competent jurisdiction.
(10) Where a person is found guilty of an offence under any section of this
Chapter other than section 1709, the Court may impose an additional
fine in addition to any other penalty, following an application by the
prosecuting party appended to the statement of offence, equal to the
amount of monetary benefit gained by the person as a result of the
offence, even if the maximum fine is imposed under another
provision.
(11) A person who commits or continues an offence under this Chapter on
more than one day is liable to be convicted for a separate offence for
each day on which the offence is committed or continued.
(12) Any person found to have violated any requirement under this
Chapter or implementing regulations may be ordered to pay the
reasonable costs associated with any inspection, investigation and
enforcement action brought about by the non-compliance.
(13) The Minister shall make regulations in respect of the following
matters:
(a) the powers and duties of inspectors;
(b) the taking of samples;
(c) the procedure to be followed by inspectors during an
inspection;
(d) the procedure to be followed during an inspection for seizure,
as well as the one to be applied and restoration of any tobacco
product;
(e) procedures in relation to fines imposed and collected under
the Chapter;
(f) prescribed forms;
(g) any other matters as are necessary for the effective
administration and enforcement of this Chapter.
PART X – FINANCIAL PROVISIONS
§1712. Establishment of the Tobacco Control Fund.
(1) There is hereby established a Fund to be known as the Tobacco
Control Fund, which shall comprise of:
(a) the sum of all fines collected under the Chapter and
regulations;
(b) the sum of all fees and charges collected under the Chapter
and regulations.
(2) All fines, fees and charges imposed under this Chapter shall be paid
to the Ministry of Finance and all monies received by the Ministry of
Finance under this section shall be deposited into the Tobacco
Control Account.
(3) The Tobacco Control Account shall be administered by the Secretary
of the Ministry of Health and the Secretary of the Ministry of Finance.
(4) Fines, fees and charged collected under the Chapter and regulations
shall be deposited as follows:
(a) subject to Subsections 1705 and 1706 of this Section, 40 % (forty
percent) into the Tobacco Control Account for the funding of
authorized costs of the Ministry of health, as approved by the
Cabinet, for the effective administration and enforcement of
the Chapter; and
(b) 60 % (sixty percent) to be deposited into the General Fund.
(5) Administration of this part of the Chapter will be subject to the
provisions of the Financial Management Act 1990 and Procurement Code
1988.
(6) The Minister of Health shall, no later than 01 October each year,
report to the Cabinet on the following:
(a) the total amount collected and paid into the Tobacco Control
Account; and
(b) how the Tobacco Control Account was applied.
(7) Procedures relating to the collection, deposit and refund of bonds
pursuant to section 1709(1) of this Chapter shall be in the manner and
form prescribed by regulations.
PART XI – ADMINISTRATION OF THE ACT
§1713. Administration of the Act.
This Chapter and regulations promulgated under the Chapter shall be
administered by the Ministry of Health.
§1714. Effective Date.
This Chapter shall take effect on the date of certification in accordance with
Article IV of the Constitution and the Rules and Procedures of the Nitijela.