WATCH: Pre History
 
 
Delhi Declaration IV: Penalty and Final Provisions
 
Article 21:
A fine of at least USD 500 shall be levied on a legal entity or a person engaged in an independent activity and committing a violation
1. by manufacturing or marketing cigarettes with a tar yield exceeding 15 mg per cigarette (Article 6, paragraph 2);
2. by manufacturing or marketing cigarettes with a tar yield exceeding 12-mg cigarette (Article 6, paragraph 3);
3. by manufacturing or marketing cigarettes in cigarette packets or other packaging not carrying on the most visible surface, a clearly printed indication of the tar and nicotine yields per cigarette in mg (Article 8, paragraph 1);
4. by manufacturing or marketing tobacco products on which the indication referred to in Article 8 of this declaration is not printed in a bold colour on a contrasting background, in letters not less than 2 mm high and in print not less than 0.3 mm wide; or by not printing the warnings under Article 9 of this declaration in a bold colour on a contrasting background in letters not less than 5 mm high and in print not less than 0.4 mm wide (Article 8, paragraph 2);
5. by manufacturing or marketing tobacco products on which the warning under paragraph 1 of Article 9 of this declaration is not printed on the front or the back of the packet; by not printing the warning under paragraph 2 of Article 9 of this declaration on the front, the back or the side of the packet; by not ensuring that the warning covers a surface of at least 8% of the side of the package on which the warning is printed; or by not ensuring that the warning is affixed so that it cannot be removed or by printing it in a place where it may be damaged when the packet is opened (Article 9, paragraph 3);
6. by manufacturing or marketing tobacco products in a packet not carrying the warning "Tobacco seriously damages health" (Article 9, paragraph 1);
7. by manufacturing or marketing tobacco products in a packet not carrying, in addition to the warning indicated under paragraph 1 of Article 9 of this Declaration, one of the following warnings
Smoking kills
Smoking causes lung cancer
Chewing causes Oral Cancer
Smoking when pregnant harms your baby
Smoking is the most frequent cause of death by heart disease
Smokers die young (Article 9, paragraph 2);
8. by advertising tobacco and tobacco products in contravention to paragraph 1 of Article 10;
9. by carrying out a consumer information campaign continuously for more than 15 days (Article 13, paragraph 1);
10. by not ensuring in a consumer information campaign, that the indications under Article 8 and the warnings under Article 9 of this Declaration cover not less than 25% of the surface of the written and printed advertisement or communication/announcement (Article 13, paragraph 2);
11. by selling tobacco products to persons under the age of 15 (Article 14, paragraph 1);
12. by selling tobacco products through automatic vending machines (Article 14, paragraph 2);
13. by selling cigarettes and other tobacco products which are not in the manufacturer’s original packaging (Article 14, paragraph 4);
14. by not marking in places open to the public, the ban on smoking and the areas reserved for smokers in a visible place (Article 15, paragraph 4);
15. by not defining an area reserved for smokers in hospitality facilities where guests order food (inns and restaurants) or by not marking it in compliance with the provision of paragraph 1 of Article 16;
16. by not defining the areas in which smoking is permitted (Article 17, paragraph 1);
17. by failing to observe the decision under Article 20 of this Declaration.
A fine of not less than USD 500 shall also be levied on the person bearing the responsibility of the legal entity for a violation referred to in the preceding paragraph.

In the event of violations under points 1, 2, 3, 4, 5, 6, 7, 8 and 13 of paragraph 1 of this Article , in addition to a fine the safety measure shall also be imposed of the compulsory seizure of the tobacco products which are the subject of the violation, and in the event of a violation under point 12 the seizure of the automatic vending machines shall be effected.
Article 22:
An on-the-spot fine of USD 200 shall be levied on an individual.
1. for smoking in a place open to the public where smoking is not permitted (Article 15);
2. Smoking in ice-cream shops and milk bars shall be prohibited.
3. Smoking in workplaces where smoking is not allowed (Article 17, paragraph 1);
4. Smoking in the premises of government bodies which are intended for contact with clients (Article 17, paragraph 2);
Article 23:
Manufacturers and importers of tobacco must ensure that the indication under Article 8 and the warning under Article 9 of this declaration are printed on the products not later than six months after the entry into force of this Declaration.
Article 24:
This Declaration should get into force in every country as soon as practically possible.
Article 25:
When this declaration becomes an Act it should enter into force a fixed after its publication in the Official Gazette of the country.