Legal Alert: Prevention and Control of Alcohol Consumption by Minors

On 8 May 2023, Law 6/2023, a new law, aimed at preventing and controlling the consumption of alcoholic beverages by minors in Macau, was published.

Law 6/2023 will come into effect on 4 November, 2023, and its provisions will impact the operations of supermarkets, F&B establishments, public services such as hospitals and schools, e-commerce operators and, in general, establishments which are destined to the use of the public (regardless of being privately owned).

The implementation of this legislation fills a previously existing gap, which left the sale and distribution of alcohol to minors completely unregulated and intends to protect minors’ health by shielding them from alcohol consumption. Here’s a summary of the key provisions:

1. Scope and Definitions: The law defines “minors” as individuals under 18 years of age and “alcoholic beverages” as beverages with an alcoholic content exceeding 1.2% vol.; certain registered Chinese traditional medicines and prescribed medications with alcohol content are excluded from the provisions of Law 6/2023. 
2. Limitations on Sale, Provision, and Consumption in public facilities: Sale, provision, and consumption of alcoholic beverages are prohibited in healthcare facilities, educational institutions, childcare facilities, and establishments catering to minors.  
3. Other Sale and Provision Restrictions: It is strictly prohibited to sell or provide alcoholic beverages to minors in places destined to the general public (regardless of being privately owned), whether for commercial or non-commercial purposes. Age verification through identification documents is mandatory whenever there are doubts regarding the age of the buyer.In addition, the sale or provision of alcoholic beverages through vending machines is subject to the implementation of age verification mechanisms and, the sale or provision of alcoholic beverages to minors through the internet or postal services is forbidden.  
4. Signage and Compliance: Signs indicating the prohibition of selling or providing alcoholic beverages to minors must be displayed (minimum size: 38cm x 20cm) by sellers of alcoholic beverages. Moreover, self-service outlets must separate and identify the spaces where alcoholic and non-alcoholic beverages are sold.Entities engaged in the sale of alcoholic beverages through remote channels, such as e-commerce platforms, must implement adequate warnings indicating the prohibition of selling or providing alcoholic beverages to minors.

   Public and private entities managing relevant premises are responsible for ensuring compliance with the law. If underage consumption is observed, entities must request minors to cease consumption and inform the authorities if necessary. 

5. Information, Education and Treatment: The law highlights the importance of information and education about the health risks associated with alcohol consumption. Government and relevant public entities are required to conduct information campaigns and initiatives targeting the general public and specific groups, including minors. Educational institutions are expected to provide education on the subject. In addition, the Health Services are obliged to provide treatment and rehabilitation services for alcohol dependency. 
6. Labeling and Advertisement: Packaged alcoholic beverages must meet labeling requirements, prominently displaying the alcohol content. Whenever alcoholic beverages are being sold separately from the respective packages or mixed with other drinks, it must be shown in a clearly visible manner, that alcohol content of such drinks is higher than 1.2% vol.In addition, the publicity law (Law 7/89/M) is amended to contemplate that all advertisements to alcoholic beverages must contain the following wordings in Chinese, Portuguese and English:

«過量飲酒危害健康

CONSUMIR BEBIDAS ALCOÓLICAS EM EXCESSO PREJUDICA A SAÚDE

EXCESSIVE DRINKING OF ALCOHOLIC BEVERAGES IS HARMFUL TO HEALTH

禁止向未滿十八歲人士銷售或提供酒精飲料

A VENDA OU DISPONIBILIZAÇÃO DE BEBIDAS ALCOÓLICAS A MENORES DE 18 ANOS É PROIBIDA

THE SALE OR SUPPLY OF ALCOHOLIC BEVERAGES TO ANYONE UNDER THE AGE OF 18 IS PROHIBITED»

7. Sanctions: Violations of the law may result in administrative fines ranging from 1,500 to 200,000 Macau patacas, depending on the nature of the offense. License holders (if a license is required), persons in charge of premises, and individuals involved in selling or providing alcoholic beverages to minors may be held responsible. If the offender is a legal person or association, its directors / management may be held jointly liable for the payment of fines.Additional measures, such as confiscation of objects involved or prohibition of alcohol-related activities for up to two years, may accompany sanctions. Recidivism within a specified timeframe may lead to increased penalties.

   The Health Services are the entity responsible for the application of fines and ancillary sanctions. 

8. Supervising Entities: The Health Services, Institute for Municipal Affairs, Tourism Bureau, and Public Security Police are designated as supervisory bodies vested with public authority to ensure adherence to Law 6/2023. They have the power to enforce preventive measures, including the temporary closure of establishments (for a maximum of 12 hours) and the proactive confiscation of alcoholic beverages and vending machines.

For more detailed information or legal advice, feel free to contact CFB Lawyers at [email protected].