Cap. 382 Art. 11ATrack and Trace system.

(1) Every tobacco manufacturer, tobacco importer, tobacco wholesaler, distributor of tobacco and first retail outlet of tobacco shall apply to be registered or authorised in the Track and Trace system and any other ancillary, additional and, or updated phases of the system established by the laws of the European Union and shall abide by the rules and practices of the system.

(2) Every tobacco manufacturer and tobacco importer shall:

(a) be a tax warehouse keeper authorised to operate from an authorised tax warehouse or a registered consignee;

(b) be duly registered in the Track and Trace system; and

(c) abide by the rules and practices of the said Track and Trace System and any other ancillary, additional and, or updated phases of the said system.

(3) In the absence of registration or authorisation in accordance with sub-regulation (2), the requirements thereof shall be deemed to be breached.

(4) Importers, wholesalers and distributors involved in the tobacco products distribution network shall carry out scanning procedures on any goods provided for in regulation 14(5) of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations. Any tobacco products found to be in violation of these regulations shall be removed from retail distribution.

(5) Any tobacco products found in retail outlets which are not compliant with the Track and Trace System procedures, shall be withheld and the provisions of article 27 of the Act shall apply.

(6) Any person who fails to scan tobacco products in compliance with the Track and Trace System procedures according to these regulations, shall be liable on conviction to a penalty of ten euro (€10) per unique identifier, which penalty shall in no case be less than one hundred euro (€100). In addition to the penalty imposed, the court shall order the forfeiture of the tobacco products: Provided that the phrase "any person," in this sub-regulation shall exclude the operator and, or the licence holder of a retail outlet.

(7) In the case of an irregularity committed by any person in accordance with this regulation, the Commissioner may, if the offender admits, refrain from instituting proceedings in accordance with this Act, release the goods and, in cases of tobacco products which, although in breach of the procedure regulating the supply chain, are nevertheless in conformity with regulation 14 (2) of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations, impose a penalty of three euro and fifty cents (€3.50) per unique identifier, which penalty shall in no case be less than thirty-five euro (€35): Provided that the release of goods shall be subject to the recording of goods in terms of these regulations and in terms of regulation 14(5) of the Manufacture, Presentation and Sale of

Tobacco and Related Products Regulations: Provided further that if the provisions of this sub-regulation are applied, there shall be no suspension of licence: Provided further that the phrase "any person," in this sub-regulation shall exclude the operator and, or the licence holder of a retail outlet.