Summary.
The bill defines the accessories, consumables, refill containers, vaping liquids, heated tobacco products, and electronic systems with and without nicotine covered by its provisions. It proposes to prohibit use of these devices wherever consumption of tobacco products is prohibited. It would also prohibit their sale throughout the Republic of Panama, including consumables, reservoirs, cartridges, refill containers and accessories used to assemble them. Free zones, free trade zones and special economic areas established in the country could export or re-export the systems to a third country.
The text prohibits purchasing or promoting the devices through messaging platforms, social media and the internet. Individuals and legal entities that sell or promote them would be subject to sanctions under the Health Code (Código Sanitario). It authorizes the National Customs Authority (Autoridad Nacional de Aduanas) to inspect, detain and seize the devices and to suspend their sale and marketing. It assigns the Ministry of Health (Ministerio de Salud) the task of publicizing the harmful effects associated with their use and the bill’s provisions. The Ministry would also oversee compliance and impose sanctions under the Health Code.
Violations would include allowing sales, using the devices in places subject to a total prohibition and failing to post notice of the prohibition at an establishment’s entrance. Any person could report a violation to the competent authorities; the Ministry of Health would impose sanctions under the Health Code. Owners, managers and administrators of public and private premises where use is prohibited would have to display visible notices, adopt procedures for employees and take the corresponding disciplinary measures when an employee violates the proposed law. They would also have to ask a person using a device to stop, require that person to leave if they refuse and, when necessary, request assistance from the National Police (Policía Nacional). They would have to communicate the prohibition to blind persons.
The signs would have to appear at main and secondary entrances and in areas subject to the prohibition. The bill specifies their minimum dimensions, height, symbol and printing features, and includes the reference “LAW OF THE REPUBLIC” (LEY DE LA REPÚBLICA) and the reporting line assigned by the Ministry of Health. The Executive Branch (Órgano Ejecutivo) would have up to ninety calendar days from promulgation to issue implementing regulations, and the proposed law would take effect upon promulgation. The bill is presented to the National Assembly (Asamblea Nacional). Its provisions concern the Ministry of Health, the National Customs Authority and the National Police, and would reach users, establishments, merchants, free zones and operators selling or promoting products through digital channels.
What it proposes.
- Use of electronic vaping devices and heated tobacco products.
- Sale of devices, consumables and accessories.
- Purchases and promotion through digital channels.
- Enforcement, signage, reports and sanctions.
Who it would affect.
- Users of devices covered by the bill.
- Individuals and legal entities that sell or promote them.
- Establishment owners, managers and administrators.
- Free zones, free trade zones and special economic areas.
Key points.
- Defines the devices, liquids, consumables, refill containers and accessories covered by the bill.Art. 1
- Prohibits use where tobacco consumption is prohibited and sales in the Republic of Panama; allows exports and re-exports from specified zones to a third country.Art. 2
- Prohibits purchases or promotion through messaging platforms, social media and the internet, and refers sanctions for sales and promotion to the Health Code.Art. 3
- Authorizes enforcement actions by the National Customs Authority and assigns the Ministry of Health responsibility for compliance and sanctions.Art. 4, Art. 6
- Identifies violations involving sales, use in prohibited places and missing notices, and allows any person to report them.Arts. 7-8
- Imposes signage, internal procedure and intervention duties on establishment operators and specifies the signs’ features.Arts. 9-10
- Assigns implementing regulations to the Executive Branch and makes promulgation the effective date.Arts. 11-12