Law on Tobacco Control

PURPOSE OF THE LAW. This law has as its purpose to regulate the production, distribution, commercialization, importation, consumption, advertising, promotion, sponsorship, relating to tobacco products, guidance, education, prevention to warn of risks and damage to health, prevent and discontinue tobacco consumption, determine the competencies of the authority for the application of its regulations and sanctions.

NATURE OF THE LAW. The present law is of public order and social convenience; its provisions shall be applied throughout the entire national territory and other spaces where Honduran sovereignty is exercised. Its provisions are linked to the regulations of the Health Code and must be included in the policies and actions of the national health system.

OBJECTIVES OF THE LAW. The objectives of this law are a) To ensure the right to health. Protect the health of persons against the harmful effects of tobacco. b) Protect the rights of non-smokers who passively inhale harmful emanations contained in tobacco smoke. c) Gradually reduce and eradicate tobacco consumption. d) Sanction the irregular conduct of smokers and other actors who breach provisions of this law e) Promote education, information and other health extension actions, in relation to the sedative and addictive effects of tobacco consumption. f) Promote treatment to overcome consumption and abandonment of tobacco addiction. g) Manage scientific, technical and legal cooperation and advice to achieve these objectives.

BINDING GUIDING PRINCIPLES. The binding guiding principles of this law are a) Health as a fundamental, inalienable and non-negotiable right. The responsibility of the State to promote it and provide services related to it. b) The harmful effect of tobacco on health is scientifically proven, as is its psychotropic addictive effect; consequently, its consumption should not be tolerated. c) The relativity of individual rights in the face of superior rights of other persons, harmonious social coexistence and the general welfare of society. d) Economic activity in tobacco shall be passive, and advertising stimuli that increase the supply and demand of tobacco products shall be regulated. e) The graduality of application and achievement of objectives f) Provisions of the Constitution of the Republic, the Health Code, the Law of Police and Social Coexistence and the Treaties and agreements subscribed and in force on the subject matter of this Law, and g) The Framework Convention of the World Health Organization (WHO) for Tobacco Control. (WHA56.1 of May 21, 2003.)

DEFINITIONS. For the purposes of this Law, the following shall be understood as:

• a)

  WARNING. Any information or announcement of a technical, scientific and legal nature that indicates risks, causes and consequences of the use or consumption of tobacco issued by the manufacturer.

• b)

  ILLICIT TOBACCO TRADE: Any practice or conduct prohibited by Law relating to the production, shipment, receipt, distribution, purchase, sale, possession, handling or movement of products derived from tobacco.

• c)

  CONAPROCTA: National Commission for Protection Against Tobacco.

• d)

  TOBACCO CONTROL: Comprises the various actions and strategies for verification of compliance with this law and the achievement of its objectives.

• e)

  BRAND ELEMENT: Constitutes the brand name, the registered trademark, the logo or brand symbol, the name of the manufacturer, place of manufacture.

• f)

  PACKAGE OR CONTAINER: Any type of container, receptacle or wrapper in which a tobacco product is sold or displayed in retail and wholesale stores, including the box or carton containing smaller packages.

• g)

  SMOKING: The fact of being in possession or control of a lighted tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.

• h)

  SECONDHAND TOBACCO SMOKE: The smoke that is released from the burning end of a cigarette or other products derived from tobacco, generally in combination with the smoke exhaled by the smoker.

• i)

  IHADFA: Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence.

• j)

  TOBACCO INDUSTRY: Encompasses producers, processors, manufacturers, importers, exporters and wholesale distributors of products derived from tobacco.

• k)

  WORKPLACE: The site or place where a person provides services; encompasses not only paid work, but also volunteer work. Includes all connected or adjoining places that workers usually use in performing their duties, including: hallways, elevators, stairwells, vestibules, common facilities, bathrooms, halls, dining rooms and adjoining buildings such as sheds and barracks. Vehicles that are used while work is being performed are considered workplaces and must be specifically identified as such.

• l)

  PUBLIC CONCURRENCE PLACE: Any open and/or closed place that has access to the general public and/or places of collective use, whether freely, by invitation or upon prior payment.

• m)

  WHO: World Health Organization.

• n)

  TOBACCO SPONSORSHIP: Any form of contribution to any act, activity or individual that with the purpose, effect or possible effect of promoting directly or indirectly a tobacco product or the consumption of products derived from tobacco. o) PERSONS UNDER LEGAL AGE: Human beings, men and women under twenty-one years of age. p) PRODUCTS DERIVED FROM TOBACCO: Comprises products derived from tobacco prepared wholly or in part, using as raw material tobacco leaves intended to be smoked, chewed, snuffed, inhaled or consumed by any other route of administration, including electronic cigarettes. q) PHARMACEUTICAL PRODUCTS FOR THE DIAGNOSIS AND TREATMENT OF TOBACCO DEPENDENCE: Substances and active ingredients used in the production of medicines, diagnostic products and products used in the administration of medicines, intended to treat dependence on consumption of products derived from tobacco. r) ADVERTISING AND PROMOTION OF TOBACCO: Any form of communication, recommendation or commercial action with the purpose, effect or possible effect of promoting directly or indirectly products derived from tobacco. s) MINIMUM WAGE: The monthly wage that is calculated and periodically issued by the Secretariat of State in the Offices of Labor and Social Security, based on the minimum wage table on its current maximum scale. t) PUBLIC TRANSPORTATION: Means of transport and motorized or animal-drawn movement, rental, urban and interurban, land, air and water-based, which through remuneration is used to transport persons.

SECTORAL RESPONSIBILITY. It corresponds to the Secretariat of State in the Office of Health, its auxiliary organs and dependencies within the framework of their respective competencies, the formulation and execution of policies and strategies that result from the enforcement and application of this law. They shall have the support and collaboration of other public entities and Municipalities.

PRIMARY ACTIONS. It corresponds to the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) in a primary manner and with the participation of Civil Society, to formulate, coordinate, execute and evaluate public policies related to the prevention and control of tobacco consumption, as well as advisory services regarding its abandonment. Likewise, to establish smoking cessation programs, in charge of available centers of the Secretariat of State in the Office of Public Health or other private and State institutions or those established by IHADFA under its exclusive responsibility and dependence, with any interference of commercial interests and others linked to the tobacco industry being totally prohibited.

COMPETENCIES IN EDUCATIONAL MATTERS. The Secretariat of State in the Office of Education and the Council of Higher Education, in coordination with the Secretariat of State in the Office of Health and IHADFA, shall adopt the regulatory and administrative measures necessary so that in the educational programs of all levels, scientific information is included and participation occurs in research projects that illustrate the serious threat that tobacco product consumption represents to health.

COMPETENCIES IN MATTERS OF POPULATION AND CULTURE. It corresponds to the Secretariat of State in the Offices of Governance and Justice in coordination with the Secretariat of State in the Office of Education and the Secretariat of State in the Offices of Culture, Arts and Sports, to adopt measures to promote the participation of ethnic communities in the development of programs aimed at the elaboration, execution and evaluation of activities for the control of consumption of products derived from tobacco, which are socially and culturally appropriate for their needs and perspectives.

COMPETENCIES ON FISCAL POLICY. It corresponds to the Executive Power through the Secretariat of State in the Office of Finance to elaborate and regulate the appropriate tax and fiscal policies in order to comply with the provisions of this law.

ENVIRONMENTAL COMPETENCIES. It corresponds to the Secretariat of State in the Office of the Environment SERNA, in coordination with the Secretariat of State in the Office of Agriculture SAG, Secretariat of State in the Office of Industry and Commerce SIC, the Special Prosecutor for the Environment and IHADFA, to design and monitor policies aimed at environmental protection, tobacco cultivation for domestic consumption, its industrial and commercial processing and consumption.

POLICIES ON WOMEN, FAMILY AND CHILDREN. It corresponds to the National Women's Institute (INAM) in coordination with the Secretariat of State in the Office of Health and IHADFA, to formulate policies for the execution of programs with gender identity, aimed at the prevention and control of tobacco product consumption by women. Similar actions shall be executed by the Honduran Family Institute (INHFA) in relation to rights and benefits to the family and children with regard to the scope of this law.

ENVIRONMENTAL PROTECTION. Establishments where smoking is permitted shall take measures to prevent environmental contamination caused by tobacco smoke, its residue and odors. When the destruction of tobacco products is warranted, appropriate measures shall be adopted, using methods suitable for environmental protection.

TOBACCO SALES. PROHIBITION OF VENDING MACHINES AND SELF-SERVICE DISPLAYS. All retail sales of tobacco products shall be conducted in authorized establishments and sales points and shall be attended by a person over 21 years of age. The use of automated vending machines and/or self-service dispensers for tobacco products is prohibited throughout the entire national territory. Sales through the Internet, deliveries by mail or messengers or any other indirect means of delivery are not permitted.

ARTICLES AND TOYS SIMULATING TOBACCO PRODUCTS. The manufacture, importation, sale and gratuitous distribution of candies, snacks, toys or other similar objects that have the form of products derived from tobacco that may be attractive to persons under 21 years of age is prohibited.

PROHIBITION OF SALES TO MINORS. The sale and/or donation of tobacco-derived products to persons under 21 years of age is prohibited. In order to comply with such prohibition, the following measures shall be adopted: a. All sellers of tobacco-derived products shall display in a sign that announces in clear, visible, legible and prominent form the prohibition of sale of tobacco products to persons under the age of majority, with the following message: TOBACCO PRODUCTS ARE NOT SOLD TO PERSONS UNDER 21 YEARS OF AGE. The size of the sign shall occupy, at a minimum, the space corresponding to the measurements of an official-size sheet (21.59 cm x 35.56 cm) placed in a visible location and without any distraction that makes it impossible or diminishes attention to it. b. In case of doubt, request the buyer to present their identity card or passport. c. No seller may have tobacco-derived products in places directly accessible to the final consumer.

EXCLUSIVE SALE IN PACKAGES OF 10 UNITS. The sale of loose cigarettes, as well as packages containing fewer than 10 units of cigarettes, is prohibited. The sale of tobacco and products associated therewith is not permitted in stores of health establishments, educational institutions, libraries, museums, and cultural and sports establishments.

CONSIGNMENT AND DECLARATION OF PRODUCTS. Every tobacco-derived product that enters the country must declare in prominent form and protected from adulteration, the declaration and information regarding the geographic area where its sale is authorized, date of manufacture and its expiration date. Chapter II On presentation, warnings and packaging

WARNINGS. It is the obligation of IHADFA through the Technical Division and the Advertising Production Department to propose and review semiannually the images or pictograms and the texts of scientifically validated health warning messages that the manufacturer shall declare under its responsibility, regarding the damages caused by the consumption of tobacco-derived products, specifying harmful contents components and emissions thereof, in addition to that established in the previous article and in article 30 of this law.

FALSE OR MISLEADING INFORMATION. It is prohibited to print false, ambiguous, misleading, incomplete or hidden information on the packages and containers of tobacco-derived products that may induce error regarding their characteristics, risks or harmful effects on health, with respect to the contents of the components and emissions, terms, descriptive elements, trademarks or commercial marks, figurative signs or other kinds shall not be used that have the direct or indirect effect of creating the false expectation that a certain tobacco product is less harmful than another, or the impression of phrases such as: "low tar content", "light", "light", "ultralight", "ultra light", "smooth".

SPACES FOR PRINTING WARNINGS. Companies and agencies that manufacture, import or distribute cigarettes and other tobacco-derived products for commercialization in Honduras are obligated to print on eighty percent (80%) of both main faces of the package, messages combined with images or pictograms, which shall be rotative and modified annually. The contents of components, such as nicotine, tar and carbon monoxide must be printed on one of the lateral parts, with a dimension of 6.3 centimeters by 9 millimeters, with helvetica condensed and bold typeface. Health warnings shall be written in the Spanish language and printed in clear, visible and legible form on both main faces of the package, shall be rotative and modified annually and shall occupy at least 25% of the area dedicated to the message.

MEASUREMENT STANDARDS. For purposes of establishing directives and corresponding analyses for the measurement of the contents of components and emissions of tobacco-derived products, the measurement standards and methodologies by the International Organization for Standardization (ISO) or other certifications issued by qualified organizations are admitted and adopted. Chapter III On advertising

COMMERCIAL IDENTIFICATION AND ADVERTISING PROHIBITION. Commercial identification on the packages of tobacco products shall refer solely to the manufacturer, distributor, brand, company or brand logo, the type of product, its contents and warnings in text, graphics, pictograms that make mention or allude to the harmful effects of active or passive consumption of tobacco or other descriptions that this law may indicate. The elements of associated commercial identification shall not be used combined or overlaid with images of healthy persons, texts or any other means of transmission or rational or unconscious perception that induces the consumption of tobacco or that alludes to states of personal or environmental well-being. All forms of advertising by radio, television, written media are prohibited, advertising for tobacco and its products, as well as public sponsorships to minors, promotions for tobacco and its commercial products or sales with discounts, prizes or gifts.

SUBSCRIPTION OF AGREEMENTS. The State of Honduras through the Ministry of State in the Office of Foreign Affairs shall promote the subscription of agreements with States and international organizations, with the purpose of eradicating the illegal trade, advertising, promotion and cross-border sponsorships of tobacco products.

WITHDRAWAL OF PROHIBITED ADVERTISING. The tobacco industry must withdraw or suspend any type of advertising, sponsorships, promotions or commercial identification that does not comply with the requirements indicated by this law, within a period not exceeding ninety (90) calendar days after the entry into force of this Law. IHADFA shall monitor, regulate and manage cross-border advertising.

SMOKE-FREE SPACES. The consumption of tobacco-derived products is prohibited in the following public and private establishments or places:

• a)

  Spaces intended for the operation of public and private sector facilities, such as buildings, shopping centers, parking areas, offices and any workplace.

• b)

  Centers intended for entertainment, sports and culture.

• c)

  Public and private educational centers.

• d)

  Medical care centers, pharmacies and any other health care center.

• e)

  Public and private means of transportation including their terminals.

• f)

  Fuel service stations and their consumption stores.

• g)

  In all grocery stores, commercial establishments, banking agencies, financial institutions and cooperatives,

• h)

  In any other establishment or installation where people gather or transit,

• i)

  In any open public or private space less than 2 meters away from where people gather or transit. The warning of the prohibition on smoking in these establishments shall be indicated in signs and visible places. Employers, owners or their representatives, administrators or those in charge of all the establishments and sites described in the previous subsections shall be responsible for complying with this provision.

SCOPE OF THE SMOKING PROHIBITION. The prohibition on smoking is applicable equally to any natural person without distinction of position, hierarchical, academic, economic, political, social, racial, religious or cultural status which for any reason or cause must remain in the facilities mentioned in the first paragraph of the previous article.

OTHER PROHIBITIONS FOR MINORS. Minors may not be employed or used for the sale of tobacco-derived products, nor may they enter sites where smoking is permitted. Chapter V On prevention, health promotion and smoking cessation

PROTECTION OF NON-SMOKERS. Warnings about tobacco consumption shall highlight the nature and impact of the damages and the responsibilities entailed by the action of exposing persons who passively inhale tobacco smoke, absorb its odors or have contact with its residues to risks.

PREVENTION POLICY. IAHADFA shall design and implement with paramount character and in coordination with public entities and civil society the plans and programs on health promotion, prevention of tobacco consumption and the formation of a non-smoking culture. Health promotion actions shall emphasize the need to protect maternal and child health against the damages of tobacco.

TREATMENT PROGRAMS. It is the responsibility of the State Secretary in the Department of Health, in coordination with IHADFA, to incorporate into its programs the provision of diagnostic, treatment, and counseling services regarding the abandonment and cessation of tobacco consumption and to establish in health care facilities smoking cessation programs, providing accessibility to treatments including pharmaceutical products. IHADFA, through the Treatment Division, with the support of the Division of Private Collaborative Organizations, shall regulate, coordinate, and monitor the execution of these programs.

ELECTRONIC INFORMATION SYSTEM. IHADFA shall operate an electronic information system on the Internet or through other similar means to disseminate notes, warnings, contacts, and recommendations in relation to the objectives of this law. Likewise, any scientific and legal information related to the objectives of this law. Chapter VI Participation of Society

PARTICIPATION OF SOCIETY. Civil Society has the authority to propose to IHADFA programs and projects for training and awareness regarding the control of tobacco product consumption, directed at professionals in the areas of health, promotion and social work, communication, teaching, as well as officials and subordinate personnel of the three branches of the State. Likewise, it may develop a comprehensive and effective education and awareness program for the public, which includes communication campaigns at all levels.

SOCIAL AUDIT. It is the responsibility of Civil Society, with the support of the National Commission for Protection Against Tobacco (CONAPROCTA) and IHADFA, to integrate a national audit commission to execute an annual social audit, for the purpose of monitoring, following up on, and verifying compliance with this law. Chapter VII Regarding Economic Reconversion and Fiscal Measures

TRANSITION OF TOBACCO CROPS. It is the responsibility of the State Secretary in the Departments of Agriculture and Livestock (SAG), in coordination with the National Agrarian Institute (INA), to assist in the transition for farmers and workers whose means of livelihood are seriously affected as a consequence of the control of tobacco supply; for this purpose, said State Secretary shall implement programs of sustainable alternative crops that must be executed over a period of not less than two (2) years from the effective date of this Law.

PROHIBITION IN FREE ZONES. The sale, distribution, and commercialization of tobacco products free of taxes is prohibited throughout the national territory, including in zones under special regimes.

ILLEGAL TRAFFICKING AND SMUGGLING. IMPORT QUOTAS. The Secretary of Finance shall establish the plan of measures for the surveillance and control of smuggling and other forms of illegal trafficking of contraband products. TITLE IV APPLICATION OF THE LAW Chapter I Infractions and Sanctions

SANCTIONS FOR SMOKERS. Smokers who violate the provisions of this law, other laws, or judicial orders, warnings, resistance to authority, or recidivism in relation to places where they are not permitted to consume tobacco or other restrictions shall be sanctioned by the police authority with admonishment, removal from the place, confiscation of the products they consume, preventive detention, and payment of a fine as provided in article 46 of this law, prior to their release, and other forms of sanction determined in this law and in the Police and Social Coexistence Law. Without prejudice to the foregoing, offenders shall remain subject to claims and legal actions by those who consider themselves harmed by their irresponsible conduct.

SANCTION FOR EMPLOYMENT OF MINORS UNDER 21 YEARS OF AGE. Minors between 18 and 21 years of age may be employed provided they have the permission of their parents for the sale and distribution of tobacco products; those who incur this shall be held responsible and shall be sanctioned according to what is established in article 124 of the Constitution of the Republic, article 16, subsection (d) of the Code of Children and Adolescents, Provisions of the Labor Code regarding work by minors, and other applicable provisions.

SANCTIONS FOR FAILURE TO INCLUDE WARNINGS. The State Secretary in the Departments of Governance and Justice shall sanction the violation of what is established in article 20 of this law, with one hundred (100) monthly minimum salaries as well as the confiscation and destruction of said objects that contain the aforementioned advertising.

SANCTION FOR FAILURE TO REMOVE ADVERTISING. The State Secretary in the Departments of Governance and Justice shall sanction non-compliance with the provisions of article 26 of this law with one hundred (100) monthly minimum salaries, as well as the confiscation and destruction of said advertising.

SANCTION FOR PERMITTING MINORS TO ENTER. The State Secretary in the Departments of Governance and Justice shall sanction non-compliance with the provisions of article 29 with a fine of three and one-half (3 1/2) monthly minimum salaries.

SANCTION FOR DENYING INFORMATION. The tobacco industry that refuses to provide the periodic information established in article 20 of this law or provides false information to those who conduct inspections shall be sanctioned as follows:

• a)

  The first time with a fine of Twenty (20) monthly minimum salaries and the confiscation and destruction of the product;

• b)

  the second time with Thirty (30) monthly minimum salaries, the confiscation and destruction of the product, and temporary closure for a minimum of 30 days and suspension of the operating permit in the case of importers;

• c)

  recidivism shall be sanctioned with Fifty (50) monthly minimum salaries, confiscation of the product, and definitive closure of the business and permanent cancellation of the operating permit.

SANCTION FOR SMOKING IN PROHIBITED PLACES. The Municipalities shall sanction with a fine equivalent to one daily minimum salary persons who consume tobacco products in places prohibited by the Law, in accordance with what is stipulated in article 27 of this Law.

SANCTIONS FOR PERMITTING SMOKING IN PROHIBITED PLACES. The Municipalities shall sanction with a fine of Two (2) monthly minimum salaries the owners or proprietors of the public and private places and establishments mentioned in article 27 of this Law. In case of recidivism, the operating permit shall be revoked.

PENALTY FOR PRODUCING OR TRADING PROHIBITED ARTICLES. Non-compliance with the provisions established in article 15 of this law shall result in a fine of ten (10) monthly minimum wages, the seizure and destruction of said products, and the closure of operations for 30 days; said penalty shall be applied by the State Department in the Offices of Industry and Commerce through the General Directorate of Consumer Protection, in accordance with its jurisdiction.

PENALTY FOR SMOKING IN MEANS OF TRANSPORT. The General Directorate of Traffic shall impose a fine of One (1) daily minimum wage for each infraction on the owners of all types of transport where smoking is allowed or permitted in said units.

PENALTY FOR ALLOWING SMOKING AT GAS STATIONS. The Municipalities shall impose a fine of three and one-half (3 1-2) monthly minimum wages on the owners or proprietors of fuel service stations that allow the consumption of tobacco-derived products in the same.

PENALTY BY THE MUNICIPALITIES. The Municipalities shall impose sanctions on those who violate the prohibition established in article 14 of this Law, and shall be sanctioned with:

• a)

  Ten (10) monthly minimum wages, the first time;

• b)

  Upon recurrence, with twenty (20) monthly minimum wages, plus the closure of the business for 30 calendar days.

PENALTY FOR TAX-EXEMPT SALES. The Executive Directorate of Revenue (DEI) shall impose a penalty for non-compliance with the prohibition established in article 38 of this Law, with a fine of Fifty (50) monthly minimum wages, the seizure and destruction of the product.

PENALTY FOR MISLEADING OR OMITTED WARNINGS. Non-compliance with the provisions stipulated in articles 19, 20, 21, 23, and 30 of this Law shall be sanctioned with a fine of One Hundred (100) monthly minimum wages. The State Department in the Offices of Industry and Commerce through the General Directorate of Consumer Protection shall proceed in accordance with its powers to apply said penalty.

PENALTIES FOR UNLAWFUL ADVERTISING. Non-compliance with the provisions established in article 24 of this Law shall be sanctioned with a fine of One Hundred (100) monthly minimum wages and the seizure and destruction of said product by the corresponding fiscal authorities.

PENALTY FOR FAILURE TO POST NOTICES. Non-compliance with the prohibition established in article 27 of this Law to place notices shall be sanctioned with a fine of seventeen (17) monthly minimum wages, the seizure and destruction of the product. Said penalty shall be applied by the Executive Directorate of Revenue in coordination with the State Department in the Offices of Industry and Commerce through the General Directorate of Consumer Protection.

PENALTY FOR FAILING TO COMPLY WITH SALES RESTRICTIONS. The State Department in the Offices of Industry and Commerce through the General Directorate of Consumer Protection shall proceed in accordance with its powers to impose a penalty for non-compliance with the prohibition established in article 16 of this Law, with: a) The first time with a fine of Ten (10) monthly minimum wages, plus closure of the business.

PENALTY FOR RETAIL SALES. The State Department in the Offices of Industry and Commerce through the General Directorate of Consumer Protection shall proceed in accordance with its powers to apply said penalty for non-compliance with the prohibition established in article 17 of this Law, with a fine of:

• a)

  One (1) daily minimum wage and the seizure and destruction of the product;

• b)

  Upon recurrence with two (2) daily minimum wages and the seizure and destruction of the product and closure of the business.

PENALTY FOR USE OF MINORS IN SALES ACTIVITIES. The State Department in the Office of Industry and Commerce (SIC) in coordination with the Honduran Institute for Children and the Family (IHNFA) and the Office of the Prosecutor for Minors and the Disabled shall impose sanctions on those who fail to comply with the provisions established in article 14 of this law, with a fine of Fifty (50) monthly minimum wages; additionally, the product shall be seized and destroyed.

PENALTY FOR EMPLOYMENT OF MINORS. The State Department in the Offices of Labor and Social Security in coordination with the Office of the Prosecutor for Minors and the Disabled shall impose a penalty for non-compliance with article 29 of this Law with a fine of Ten (10) monthly minimum wages, without prejudice to the criminal liability that it entails.

PENALTIES FOR ILLICIT COMMERCE. The penalties applicable to illicit commerce of tobacco-derived products shall be regulated in accordance with the provisions established in Chapter XIII-A, article 392-A of the Offenses of Smuggling and Tax Evasion and their penalties, contained in the current Penal Code.

PENALTY FOR NON-COMPLIANCE WITH SALES RESTRICTIONS. It falls to the State Department in the Office of Industry and Commerce in coordination with IHNFA, the Office of the Prosecutor for Minors and the Disabled, the application of the corresponding penalty to those who violate the provisions of articles 18 and 22 of this law and shall be sanctioned with: a) The first time, with a fine of One Hundred (100) monthly minimum wages, b) In case of recurrence; they shall be sanctioned with Two Hundred (200) monthly minimum wages and the closure of the business.

PROCEDURES FOR DESTRUCTION OF SEIZED PROPERTY. The State Department in the Office of Public Health and the State Department in the Offices of Industry and Commerce through the General Directorate of Consumer Protection in coordination with the Executive Directorate of Revenue (DEI), IHADFA, the Municipal Mayors, and the Judicial Branch, shall proceed in accordance with their powers, to seize and destroy all tobacco-derived products circulating without the provisions established in this Law.

DESTINATION OF FINES. The amounts collected by way of fines shall be deposited in the General Treasury of the Republic or in the Municipal Treasuries in the cases as provided by this law. In each annual Budget of Income and Expenditures, allocations shall be appropriated to IHADFA in an amount comparable to the fines collected by the General Treasury of the Republic in the preceding year, with the purpose of guiding and giving priority to programs of centers for prevention, education, research, treatment and/or cessation programs, recovery and rehabilitation of victims of consumption of products derived from tobacco. The Municipalities that apply and collect fines shall dedicate these resources to be invested in projects related to the fight against tobacco.

DEADLINE FOR PAYMENT OF FINES. The pecuniary sanctions established in this Law must be paid within a period no greater than thirty (30) days from their application, without prejudice to the administrative and criminal action that may result from non-payment.

INSPECTIONS. It is the responsibility of the State Secretariat in the Office of Health in coordination with IHADFA with the support of the WHO to conduct periodic inspections to verify the content of the components and emissions of products derived from tobacco, likewise, to require the tobacco industry that every six months they disclose in writing and with accuracy such information before the Board of Directors of IHADFA; the same shall be disseminated at the national level. It is the responsibility of the National Police authorities to ensure compliance with public order and social harmony derived from the application of this law. ARTICLE 64: RESPONSIBILITIES. Those persons shall incur administrative, civil, or criminal responsibility, as the case may be, who in their actions fail to comply with the provisions of this law or cause damages to third parties by negligence, action or omission or when they have not generated the notices and warnings that this law mandates. ARTICLE 65: COMPLAINTS AND ACTIONS AGAINST SMOKERS WHO EXPOSE NON-SMOKERS TO RISK. Family members or private parties may lodge complaints and file claims before police authorities against smokers who expose them to inhalation of tobacco smoke in private places in family homes.

ACTIONS BROUGHT. Any person shall have the right to legal action or subsequent claim against the tobacco industry with respect to damages caused by it against the health of the general population or of a particular person, arising from the consumption of products derived from tobacco in an active or passive manner, when this industry has submitted false or incomplete information or has omitted or concealed information concerning the effects and consequences derived from tobacco consumption.

COMPLAINTS. Any natural or legal person is empowered to lodge a complaint before the nearest authority, such as: Municipal Offices, Fire Department, Police, Armed Forces, State Secretariat in the Office of the Environment and the Special Environmental Prosecutor's Office or the Public Ministry against any person who throws a cigarette butt or lit cigarette capable of causing a fire outbreak or a forest fire.

ADMINISTRATIVE PROCEDURE. All actions and proceedings of this Law shall be conducted in accordance with the resources and procedure established in the Administrative Procedure Law and other procedural frameworks as pertinent.

REGULATION. The regulation of this Law shall be approved and sanctioned through an Executive Agreement with the endorsement of the State Secretariat in the Office of Health within a maximum period of six months from the entry into force of this Law, taking into consideration the proposals made in this regard by the Board of Directors of IHADFA.

BUDGETARY ALLOCATIONS. For the purpose of establishing, strengthening and financing a mechanism for national coordination for the operation of this Law, the National Congress after opinion from the State Secretariat in the Office of Finance shall allocate to the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence (IHADFA) an additional annual budgetary appropriation of no less than ten million Lempiras (L.10,000,000.00), which shall be increased in the following fiscal years, according to the needs of its implementation.

EFFECTIVE DATE. This Law shall enter into force six months after its publication in the Official Gazette "La Gaceta". Done in Tegucigalpa, Municipality of the Central District in the Session Hall of the National Congress, on the 9th day of the month of June of the year two thousand ten. JUAN ORLANDO HERNANDEZ ALVARADO President RIGOBERTO CHANG CASTILLO GLADYS AURORA LOPEZ Secretary Secretary