Special Law for Tobacco Control

PURPOSE OF THE LAW. This Law has the purpose of regulating the production, distribution, commercialization, importation, consumption, advertising, promotion and sponsorship, relating to tobacco products, the guidance, education and prevention to warn of risks and damages to health, avoid and break the habit of tobacco consumption, determine the competencies of the authority for the application of its regulations and sanctions. CHAPTER II SCOPE AND OBJECTIVES

NATURE OF THE LAW. The present Law is of public order and conventional social nature; its provisions shall be applied throughout the national territory and other spaces where Honduran sovereignty is exercised. Its provisions are linked to the regulations of the Health Code and where this comprises the policies and actions of the National Health System.

OBJECTIVES OF THE LAW. The objectives of this Law are:

• 1)

  Ensure the right to health. Protect the health of persons against the harmful effects of tobacco;

• 2)

  Protect the rights of non-smokers who passively inhale harmful emanations contained in tobacco smoke;

• 3)

  Reduce and gradually eradicate tobacco consumption;

• 4)

  Sanction the irregular conduct of smokers and other actors who fail to comply with the provisions of this Law;

• 5)

  Promote education, information and other health extension actions, in relation to the enervating and addictive effects of tobacco consumption;

• 6)

  Promote treatment to overcome consumption and abandon tobacco addiction; and,

• 7)

  Manage scientific, technical legal cooperation and advising to achieve these objectives. CHAPTER III GUIDING PRINCIPLES AND DEFINITIONS.

BINDING GUIDING PRINCIPLES. The binding guiding principles of this Law are:

• 1)

  Health as a fundamental, inalienable and non-negotiable right is the responsibility of the State;

• 2)

  The harmful effect of tobacco on health is scientifically proven as is its psychotropic effect, addictive, consequently its consumption should not be stimulated;

• 3)

  The relativity of individual rights against superior rights of other persons, harmonious social coexistence and general welfare of society;

• 4)

  The economic activity of tobacco must be passive, and advertising stimuli shall be regulated, which increase the supply and demand of the tobacco product;

BINDING GUIDING PRINCIPLES. The binding guiding principles of this Law are:

• 1)

  Health as a fundamental, inalienable and non-negotiable right is the responsibility of the State;

• 2)

  The harmful effect of tobacco on health is scientifically proven as is its psychotropic effect, addictive, consequently its consumption should not be stimulated;

• 3)

  The relativity of individual rights against superior rights of other persons, harmonious social coexistence and general welfare of society;

• 4)

  The economic activity of tobacco must be passive, and advertising stimuli shall be regulated, which increase the supply and demand of the tobacco product;

• 5)

  The graduality of application and achievement of objectives;

• 6)

  Provisions of the Constitution of the Republic, the Health Code, the Law of Police and Social Coexistence and the Treaties and Conventions subscribed and in force on the subject matter of this Law; and,

• 7)

  The Framework Convention of the World Health Organization (WHO) for the Control of Tobacco. (WHA56.1 of May 21, 2003.)

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

• 1)

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

• 2)

  ILLICIT TOBACCO TRADE. It is any practice or conduct prohibited by Law relating to the production, sending, receipt, distribution, purchase, sale, possession, handling or movement of tobacco-derived products;

• 3)

  CONAPROCTA. National Commission for Protection Against Tobacco;

• 4)

  TOBACCO CONTROL. It comprises the various actions and strategies for verification of compliance with this Law and the achievement of its objectives;

• 5)

  BRAND ELEMENT. It constitutes the trademark, the registered mark, the logo or brand symbol, the name of the manufacturer and place of manufacture;

• 6)

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

• 7)

  SMOKING. It is the fact of being in possession or control of a lit tobacco product, regardless of whether the smoke is being actively inhaled or exhaled;

• 8)

  SECONDHAND TOBACCO SMOKE. It is the smoke that emanates from the burning end of a cigarette or other tobacco-derived products, generally in combination with the smoke exhaled by the smoker;

• 9)

  IHADFA. Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence;

• 10)

  TOBACCO INDUSTRY. It encompasses producers, processors, manufacturers, importers, exporters and wholesale distributors of tobacco-derived products;

• 11)

  WORKPLACE. The site or place where the person provides their services; it encompasses not only paid work, but also voluntary work and any place related to or annexed to which workers usually use in the performance of their duties, including: hallways, elevators, stairwells, vestibules, joint installations, sanitary facilities, lounges, dining rooms and annexed buildings such as sheds and barracks. Vehicles that are used while work is being performed are considered workplaces and must be identified specifically as such;

• 12)

  PLACE OF PUBLIC CONCOURSE. It is any open and/or closed place to which the general public has access and/or places of collective use, whether freely, by invitation or prior payment;

• 13)

  WHO. World Health Organization;

• 14)

  TOBACCO SPONSORSHIP. It is understood as any form of contribution to any act, activity or individual that with the aim, effect or possible effect of promoting directly or indirectly a tobacco product or the consumption of tobacco-derived products;

• 15)

  MINORS. They are human beings, men and women under twenty-one (21) years of age;

• 16)

  TOBACCO-DERIVED PRODUCTS. It comprises tobacco-derived products prepared wholly or in part, using as raw material tobacco leaves intended to be smoked, sucked, chewed, inhaled or consumed by any other route of administration, including electronic cigarettes;

• 17)

  PHARMACEUTICAL PRODUCTS FOR THE DIAGNOSIS AND TREATMENT OF TOBACCO DEPENDENCE. They are the substances and active ingredients used in the production of medicines, diagnostic products and products used in the administration of medicines, intended to treat the dependence of tobacco-derived product consumption;

• 18)

  ADVERTISING AND PROMOTION OF TOBACCO. It is any form of communication, recommendation or commercial action with the aim, effect or possible effect of promoting directly or indirectly tobacco-derived products;

• 19)

  MINIMUM WAGE. It is the monthly salary that is calculated and issued periodically by the State Department in the Offices of Labor and Social Security, based on the table of minimum wage in its current maximum scale;

• 20)

  PUBLIC TRANSPORTATION. They are the means of transportation and motorized or animal-drawn mobilization, for hire, urban and interurban, terrestrial, aerial and aquatic, which through remuneration is used to transport persons;

• 21)

  ENCLOSED SPACES. It is the space of the floors and the ceiling that are closed on all sides such as walls and windows; and,

• 22)

  TOBACCO SHOP. Specialized store selling tobacco products and articles related to tobacco and which represent eighty percent (80%) of the total of their sales. TITLE II FRAMEWORK OF FUNCTIONS AND ATTRIBUTIONS CHAPTER I COMPETENCIES FOR THE ADMINISTRATION OF THE LAW FUNCTIONS AND ATTRIBUTIONS

SECTORIAL RESPONSIBILITY. It corresponds to the State Department in the Office of Health, its auxiliary bodies and dependencies within the framework of their respective competencies, the formulation and execution of the policies and strategies that result from the vigency and application of this Law, and they shall have the support and collaboration of other public entities and the Municipalities.

PRIMARY ACTIONS. It corresponds to the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence (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, establish smoking cessation programs, in charge of the available centers of the State Department in the Office of Health or other private and State institutions in those that the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence (IHADFA) establishes under its exclusive dependency and responsibility, being totally prohibited any interference from commercial interests and others linked to the tobacco industry.

COMPETENCIES IN EDUCATIONAL MATTERS. The State Department in the Office of Education and the Council of Higher Education, in coordination with the State Department in the Office of Health and the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence (IHADFA) shall adopt the regulatory and administrative measures necessary so that in the educational programs of all levels, scientific information is included and participate in research projects that illustrate the serious threat that tobacco-derived product consumption represents for health.

COMPETENCIES IN MATTERS OF POPULATION AND CULTURE. It corresponds to the State Department in the Offices of Governance and Justice in coordination with the State Department in the Office of Education and the State Department 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 tobacco-derived product consumption, that are socioculturally appropriate for their needs and perspectives.

COMPETENCIES ON FISCAL POLICY. It corresponds to the Executive Branch through the State Department 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 State Department in the Offices of Natural Resources and Environment (SERNA), in coordination with the State Department in the Offices of Agriculture and Livestock (SAG), State Department in the Offices of Industry and Commerce (SIC), the Special Prosecutor for the Environment and the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence (IHADFA), to design and follow up on policies aimed at the protection of the environment, at the cultivation of tobacco for internal consumption, its industrial processing, commercial and consumption.

POLICIES ON WOMEN, FAMILY AND CHILDHOOD. It corresponds to the National Institute for Women (INAM) in coordination with the State Department in the Office of Health and Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacodependence (IHADFA), to formulate policies for the execution of programs with gender identity, aimed at the prevention and control of tobacco-derived product consumption by women. Similar actions shall be executed by the Honduran Institute of the Family (INHFA) in relation to rights and benefits to the family and childhood as to the scope of this Law.

PROTECTION OF THE ENVIRONMENT. Establishments where smoking is permitted shall take measures to prevent environmental contamination caused by tobacco smoke. When destruction of tobacco-derived products is necessary, appropriate measures shall be adopted, using methods appropriate to the protection of the environment. TITLE III GENERAL AND SPECIAL REGULATIONS CHAPTER I ON COMMERCE

TOBACCO SALES. PROHIBITION OF VENDING MACHINES AND SELF-SERVICE DISPLAYS. All retail sales of tobacco products shall be conducted in authorized establishments and points of sale and shall be attended to by persons over twenty-one (21) years of age. The use of automatic vending machines and/or self-service dispensers for tobacco-derived products is prohibited throughout the national territory. Sale via the Internet, deliveries by mail or messengers or any other means of indirect delivery is not permitted.

ARTICLES AND TOYS THAT SIMULATE TOBACCO PRODUCTS. The manufacture, importation, sale, and free distribution of candies, snacks, toys, or other analogous objects that have the form of tobacco-derived products that may be attractive to persons under twenty-one (21) years of age is prohibited.

PROHIBITION ON SALES OR DONATIONS TO MINORS. The sale and/or donation of tobacco-derived products to persons under twenty-one (21) years of age is prohibited. In order to ensure compliance with such prohibition, the following measures shall be adopted:

• 1)

  All vendors of tobacco-derived products shall display a sign that announces in clear, visible, legible, and prominent form the prohibition on the sale of tobacco products to minors, with the following message: TOBACCO PRODUCTS ARE NOT SOLD TO PERSONS UNDER TWENTY-ONE (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 of paper (21.59 cm x 35.56 cm) placed in a visible location and without any distraction that would prevent or diminish attention to it;

• 2)

  In case of doubt, request from the buyer the Identity Card or Passport; and,

• 3)

  No vendor may have tobacco-derived products in places directly accessible to the end consumer.

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

LABELING AND DECLARATION OF PRODUCTS. Every tobacco-derived product that is marketed in the country must prominently display and be protected against adulteration the declaration and information regarding the geographic area where its sale is authorized, date of manufacture and expiration. CHAPTER II REGARDING PRESENTATION, WARNINGS AND PACKAGING

WARNINGS. It is the obligation of the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) through the Technical Division and the Advertising Production Department, to propose and review semiannually the pictographic images and scientifically validated text messages of health warnings that the manufacturer shall display under his responsibility, regarding the damages caused by the consumption of tobacco-derived products, specifying the harmful contents, components, and emissions emitted in the Article preceding this and in Article 29 of this Law.

FALSE OR MISLEADING INFORMATION. It is prohibited to print false, equivocal, misleading, incomplete, or hidden information on the packages and containers of tobacco-derived products that may induce error with respect to their characteristics, risks, or to health, with respect to the contents of components and emissions, which have the direct or indirect effect of creating the false expectation that a particular tobacco product is less harmful than another, or the impression of phrases such as: "low tar content", "light", "light", "ultra-light", "ultra light", "mild".

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

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

COMMERCIAL IDENTIFICATION AND PROHIBITION ON ADVERTISING. Commercial identification on tobacco product packaging shall refer solely to the manufacturer, the distributor, brand, company or brand logo, the type of product, its contents, and warnings in text, graphics, pictographs that mention or allude to the harmful effects of active or passive tobacco consumption or other descriptions specified by this Law. Commercial identification elements shall not be used in association with, combined with, or superimposed on images of healthy persons, texts, or any other means of transmission or rational or unconscious perception that induces tobacco consumption or that allude to states of well-being, personal or environmental. All forms of advertising through radio, television, print media, or billboards for tobacco and its products are prohibited, as well as advertising sponsorships related to minors.

SUBSCRIPTION TO AGREEMENTS. The State of Honduras, through the Secretary of State in the Ministry of Foreign Affairs, shall promote the subscription of agreements with States and International Organizations, with the aim of eradicating illegal trade, advertising, promotion, and cross-border sponsorships of tobacco products.

REMOVAL OF UNAUTHORIZED ADVERTISING. The tobacco industry must remove or suspend any type of advertising, sponsorships, promotions, or commercial identification that does not comply with the requirements set forth by this Law, within a period not exceeding ninety (90) calendar days after the entry into force of this Law. The Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) shall regulate and manage cross-border advertising. The National Telecommunications Commission (CONATEL) shall monitor compliance in the media, and municipal governments shall monitor compliance regarding advertising placed within their municipal territories. CHAPTER IV REGARDING CONSUMPTION

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

• 1)

  Spaces designated for the functioning of public and private sector facilities, such as buildings, shopping centers, parking lots, offices, and any workplace;

• 2)

  Centers designated for entertainment, sports, and culture;

• 3)

  Public and private educational centers;

• 4)

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

• 5)

  Public and private transportation means including their terminals;

• 6)

  Fuel service stations and their convenience stores;

• 7)

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

• 8)

  In any other establishment or facility where persons gather or pass through. Factories of cigars are excluded from this prohibition and may permit smoking in special cabins constructed for that purpose; and,

• 9)

  In any open public or private space at a distance of less than two (2) meters from where persons gather or pass through. The warning of the prohibition of smoking in these establishments shall be indicated on very visible signs. Employers, owners or their representatives, administrators, or those in charge of all the establishments and sites described in the preceding subsections shall be responsible for compliance with this provision. The prohibitions herein are excepted where tobacco tasting is conducted.

SCOPE OF THE SMOKING PROHIBITION. The smoking prohibition applies equally to all natural persons without distinction of researcher status, hierarchical, academic, economic, political, social, racial, creed, religious, gender, or cultural level, who for any cause or title must remain in the facilities mentioned in the first paragraph of the preceding Article.

OTHER PROHIBITIONS FOR MINORS. Persons under the age of majority cannot be employed or used for the sale of tobacco-derived products, nor may they enter sites where smoking is permitted. CHAPTER V REGARDING PREVENTION, HEALTH PROMOTION AND SMOKING CESSATION

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

PREVENTION POLICY. The Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) shall declare and implement with a preeminent character and in coordination with public entities and civil society organizations plans and programs on health promotion, prevention of tobacco consumption and the development of a non-smoking culture. Health promotion actions shall emphasize the necessity to protect maternal health and childhood against the harms of tobacco.

TREATMENT PROGRAMS. It is the responsibility of the State Department for Health in coordination with the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) to incorporate into its programs the provision of diagnostic services, treatment and counseling on the cessation and discontinuation of tobacco consumption and to establish in health care facilities programs to quit smoking, providing accessibility to treatments including pharmaceutical products. The Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) through the Treatment Division, with the support of the Division of Private Collaboration Organizations, shall coordinate and oversee the execution of these programs.

ELECTRONIC INFORMATION SYSTEM. The Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) shall operate an electronic information system on the Internet or by other similar means to disseminate 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 the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) programs and projects of training and awareness-raising on the control of consumption of tobacco-derived products, directed at health professionals, promotion and social work, communication, at all educational levels, as well as to officials and subordinate personnel of the three (3) Branches of State. Likewise, it may develop a comprehensive and effective program of public education and awareness-raising, which includes communication campaigns.

SOCIAL AUDIT. It is the responsibility of Civil Society, with the support of the National Commission for Protection Against Tobacco (CONAPROCTA) and the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA), to establish an Ad Honorem Honor Tribunal and a Social Audit Commission to execute annually the social audit, with the purpose of monitoring, overseeing and verifying compliance with this Law. CHAPTER VII ON ECONOMIC COLLECTION AND FISCAL MEASURES

TRANSITION OF TOBACCO CROPS. In the event that as a consequence of the entry into force of this Law, the livelihoods of tobacco growers or workers in the tobacco industry are affected, the State through the State Department for Agriculture and Livestock (SAG) or the State Department for Industry and Commerce shall implement employment and/or alternative cultivation programs.

PROHIBITION IN FREE TRADE ZONES. The sale, distribution and commercialization of tobacco-derived products free of taxes is prohibited throughout the national territory, including in zones that are subject to special regimes.

ILLEGAL TRAFFICKING AND SMUGGLING. IMPORT QUOTAS. The State Department for Finance shall establish a 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 fail to comply with the provisions of this Law, other laws or judicial orders, warnings, repeated authority action or recidivism in relation to places where they are not permitted to consume tobacco or other restrictions, shall be sanctioned by police authority each time in the following order: Warning, removal from the place, seizure of products they consume, preventive detention, payment of fines as established in Article 44 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, violators shall remain subject to claims and legal actions by those who consider themselves harmed by their irresponsible conduct.

SANCTION FOR EMPLOYMENT OF PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE. Companies or businesses engaged in the sale and distribution of tobacco-derived products shall seek not to hire minors for the exercise of this activity. Persons who induce, use and employ minors under twenty-one (21) years of age in the sale and distribution of tobacco-derived products incur responsibility 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 Childhood and Adolescence, provisions of the Labor Code on work by minors and other applicable provisions. Those between eighteen (18) and twenty-one (21) years of age shall have the opportunity to work in this activity once they obtain written authorization from their parents.

SANCTIONS FOR FAILURE TO INCLUDE WARNINGS. The State Department for Governance and Justice shall sanction the violation of what is established in Article 19 of this Law with one hundred (100) monthly minimum wages as well as the seizure and destruction of said objects containing the aforementioned advertising.

SANCTION FOR FAILURE TO REMOVE ADVERTISING. The State Department for Governance and Justice shall sanction non-compliance with what is provided in Article 25 of this Law with one hundred (100) monthly minimum wages, as well as the seizure and destruction of said advertising.

SANCTION FOR PERMITTING ENTRY OF MINORS. The State Department for Governance and Justice shall sanction non-compliance with what is provided in Article 28 with a fine of three and one-half (3½) monthly minimum wages.

SANCTION FOR DENYING INFORMATION. The tobacco industry that refuses to provide the periodic information established in Article 19 of this Law or provides false information to those conducting supervisory inspections shall be sanctioned in the following manner:

• 1)

  The first time with a fine of twenty (20) monthly minimum wages and the seizure and destruction of the product;

• 2)

  The second time with thirty (30) monthly minimum wages, the seizure and destruction of the product and temporary closure for a minimum of thirty (30) days and suspension of the operating permit in the case of importers; and 3) Recidivism shall be sanctioned with fifty (50) monthly minimum wages, seizure of the product and permanent closure of the business and permanent cancellation of the operating permit.

SANCTION FOR SMOKING IN PROHIBITED PLACES. Municipalities shall sanction with a fine equivalent to one daily minimum wage persons who consume tobacco-derived products in places prohibited by the Law, in accordance with what is stipulated in Article 26 of this Law.

SANCTIONS FOR PERMITTING SMOKING IN PROHIBITED PLACES. The Municipalities shall impose a fine of one hundred (100) monthly minimum wages on the owners or proprietors of the public and private places and establishments mentioned in Article 26 of this Law. In case of recurrence, the operating permit shall be revoked.

SANCTION 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 such products, and the suspension of operations for thirty (30) days; such sanction shall be applied by the State Secretariat in the Offices of Industry and Commerce through the General Directorate of Consumer Protection, in accordance with its jurisdiction.

SANCTION 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 permitted or allowed in said vehicles.

SANCTION FOR PERMITTING SMOKING IN GAS STATIONS. The Municipalities shall impose a fine of three and one-half (3½) monthly minimum wages on the owners or proprietors of fuel service stations that permit the consumption of tobacco-derived products in the same.

SANCTION 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: 1) Ten (10) monthly minimum wages, the first time; and, 2) In case of recurrence, with twenty (20) monthly minimum wages, plus the suspension of the business for thirty (30) calendar days.

SANCTION FOR TAX-EXEMPT SALE. The Executive Directorate of Revenue (DEI) shall impose sanctions for non-compliance with the prohibition established in Article 36 of this Law, with a fine of fifty (50) monthly minimum wages, and the seizure and destruction of the product.

SANCTION FOR MISLEADING OR OMITTED WARNINGS. Non-compliance with the provisions stipulated in Articles 18, 19, 20, 22, and 29 of this Law shall be sanctioned with a fine of one hundred (100) monthly minimum wages. The State Secretariat in the Offices of Industry and Commerce through the General Directorate of Consumer Protection shall proceed in accordance with its powers to apply such sanction.

SANCTIONS FOR MAKING UNAUTHORIZED PUBLICITY. Non-compliance with the provisions established in Article 23 of this Law shall be sanctioned with a fine of one hundred (100) monthly minimum wages and the seizure and destruction of such product by the corresponding fiscal authorities.

SANCTION FOR FAILURE TO POST NOTICES. Non-compliance with the prohibition established in Article 26 of this Law for posting notices shall be sanctioned with a fine of seventeen (17) monthly minimum wages, and the seizure and destruction of the product. Such sanction shall be applied by the Executive Directorate of Revenue (DEI) in coordination with the State Secretariat in the Offices of Industry and Commerce through the General Directorate of Consumer Protection.

SANCTION FOR FAILURE TO COMPLY WITH SALES RESTRICTIONS. The State Secretariat in the Offices of Industry and Commerce through the General Directorate of Consumer Protection shall proceed in accordance with its powers to impose sanctions for non-compliance with the prohibition established in Article 16 of this Law, with a fine of ten (10) monthly minimum wages, plus the suspension of the business.

SANCTION FOR RETAIL SALES. The State Secretariat in the Offices of Industry and Commerce through the General Directorate of Consumer Protection shall proceed in accordance with its powers to apply such sanction for non-compliance with the prohibition established in Article 17 of this Law, with a fine of: 1) One (1) daily minimum wage and the seizure and destruction of the product; and, 2) Upon recurrence with two (2) daily minimum wages and the seizure and destruction of the product and suspension of the business.

SANCTION FOR USE OF MINORS IN SALES ACTIVITIES. The State Secretariat in the Offices 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.

SANCTION FOR EMPLOYMENT OF MINORS. The State Secretariat in the Offices of Labor and Social Security, in coordination with the Office of the Prosecutor for Minors and the Disabled, shall impose sanctions for non-compliance with Article 28 of this Law with a fine of ten (10) monthly minimum wages, without prejudice to the criminal liability that it entails.

SANCTIONS FOR ILLICIT COMMERCE. The sanctions 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 Fraud and their penalties, contained in the current Penal Code.

SANCTION FOR FAILURE TO COMPLY WITH SALES RESTRICTIONS. It is the responsibility of the State Secretariat in the Offices of Industry and Commerce in coordination with the Honduran Institute for Children and the Family (IHNFA), the Office of the Prosecutor for Minors and the Disabled to apply the corresponding sanction to those who violate the provisions established in Article 21 of this Law and shall be sanctioned with: 1) The first time, with a fine of one hundred (100) monthly minimum wages; and, 2) In case of recurrence, they shall be sanctioned with two hundred (200) monthly minimum wages and the suspension of the business.

PROCEDURES FOR DESTRUCTION OF SEIZURES. The State Secretariat in the Office of Health and the State Secretariat in the Offices of Industry and Commerce through the General Directorate for Consumer Protection in coordination with the Executive Directorate of Revenue (DEI), the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA), the Municipal Municipalities and the Judicial Branch, shall proceed in accordance with their attributions, to the seizure and destruction of all tobacco-derived products that circulate without the provisions established in this Law.

ALLOCATION OF FINES. The amounts collected by way of fines shall be entered into the General Treasury of the Republic in the Municipal Treasuries in the cases as provided for in this Law. In each Annual Budget of Income and Expenses, allocations shall be designated to the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA), in an amount comparable to the fines collected by the General Treasury of the Republic in the preceding year, with the purpose of directing and giving priority to the programs of prevention, education, research, treatment and/or cessation, recovery and rehabilitation programs for victims of tobacco-derived product consumption. Municipalities that apply and collect fines shall allocate these resources to be invested in projects related to the fight against tobacco.

TERM 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 failure to pay. CHAPTER II SANITARY SURVEILLANCE AND PUBLIC ORDER

INSPECTIONS. It corresponds to the State Secretariat in the Office of Health in coordination with the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) with the support of the World Health Organization (WHO), to execute periodic inspections to verify the content of the components and emissions of tobacco-derived products, and likewise, to require the tobacco industry within six (6) months to make known in writing and with accuracy such information before the Board of Directors of the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA); the same shall be disclosed at the national level. It corresponds to the authorities of the National Police to supervise compliance with the order and social harmony derived from the application of this Law. CHAPTER III LEGAL RESPONSIBILITIES

RESPONSIBILITIES. Shall incur administrative, civil or penal responsibility, as applicable, those persons who in their actions fail to comply with the provisions of this Law through negligence, action or omission or when they have not generated the notices and warnings required by this Law.

COMPLAINTS AND ACTIONS AGAINST SMOKERS WHO EXPOSE NON-SMOKERS TO RISK. Family members or private individuals may file complaints and lodge claims before police authorities against smokers who expose them to the inhalation of tobacco smoke in private locations in family residences.

ACTIONS INITIATED. Any person has the right to legal action or subsequent lawsuit against the tobacco industry with respect to damages caused by the same against the health of the general population or of a particular person, arising from the consumption of tobacco-derived products in an active or passive manner, when this industry has omitted or concealed false or incomplete information that they have omitted or concealed information regarding the effects and consequences arising from tobacco consumption.

COMPLAINTS. Any natural or legal person is authorized to file a complaint before the nearest authority, such as: Municipal Municipalities, Fire Department, Police, Armed Forces, State Secretariat in the Offices of Natural Resources and Environment (SERNA) and the Special Prosecutor's Office for the Environment 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. CHAPTER IV RESOURCES AND PROCEDURES.

ADMINISTRATIVE PROCEDURE. All actions and proceedings under this Law shall be processed in accordance with the resources and procedures established in the Administrative Procedure Law and other procedural frameworks as pertinent. CHAPTER V FINAL AND TRANSITORY PROVISIONS

REGULATION. The Regulation of this Law shall be approved and sanctioned by Executive Agreement with the countersignature of the State Secretariat in the Office of Health within a maximum period of six (6) months from the date this Law enters into force, taking into consideration the proposals in this regard by the Board of Directors of the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA).

BUDGETARY ALLOCATIONS. For purposes of establishing, strengthening and financing a national coordination mechanism for the operability of this Law, the National Congress, following an opinion from the State Secretariat in the Office of Finance, shall allocate to the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmacological Dependence (IHADFA) an additional annual budgetary allocation of not 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 application.

EFFECTIVE DATE. This Law shall enter into force six (6) months after its publication in the Official Newspaper "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the tenth day of the month of June of two thousand ten. ALBA NORA GÜNERA OSORIO PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADYS AURORA LOPEZ CALDERON SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., June 11, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF HEALTH. ARTURO BENDAÑA PINEL