Argentina

Article 23 of Law 26687 prohibits smoking in enclosed workplaces covered under Health and Workplace Safety Law No. 19,587, which applies to “all establishments and operations, whether for profit or not-for-profit, whatever the economic nature of their activities, the setting where they are performed, the character of the facilities and work stations and types of machinery, materials, devices or procedures that are used or adopted.” Thus, Law 26687 applies to all workplaces.

However, Art. 24 of Law 26687 sets forth three exemptions to the workplace smoking ban: 1) enclosed private office space that is not shared with other workers and is not used for public services (this exemption permits smoking in office spaces used by a sole person with no other employees); 2) clubs for smokers of tobacco products, and; 3) tobacco shops with specialized areas authorized by the competent local authority. Decree 602 regulates and narrows these exemptions, specifying that: 1) private office spaces may not receive the public under any circumstances, or have any kind of permanent or temporary employee or worker doing a job in such a space, or contiguous spaces; 2) clubs for smokers must be organized as a non-profit used by members only, not the general public, in which an employee may perform no work other than offering a space for smoking tobacco; and 3) tobacco shops must be exclusively for the sale of tobacco and tobacco accessories for consumption of tobacco, and employees may not remain in the tobacco tasting area.

Because of these limited exemptions to the ban on smoking in indoor workplaces, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.” To align with best practices as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, and to ensure universal protection against tobacco smoke exposure, the law should require all parts of all indoor workplaces to be 100% smoke free.

Article 23(b) of Law 26687 generally prohibits smoking in indoor public places. The law sets forth several exemptions to the ban, including: 1) clubs for smokers of tobacco products, and 2) tobacco shops with specialized areas authorized by the competent local authority. Decree 602 regulates these exemptions, specifying that: 1) clubs for smokers must be organized as a non-profit used by members only, not the general public, and in which an employee may perform no work other than offering a space for smoking tobacco, and 2) tobacco shops must be exclusively for the sale of tobacco and tobacco accessories for consumption of tobacco, and employees may not remain in the tobacco tasting area.

Because of these limited exemptions to the ban on smoking in indoor public places, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.” To align with best practices as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, and to ensure universal protection against tobacco smoke exposure, the law should require all parts of all indoor public places, including tobacco clubs and tobacco shops, to be 100% smoke free.

Law 26687 prohibits smoking on all means of public passenger transportation. The law aligns with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to public transportation.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and enclosed public places, and specifically prohibits smoking in types of facilities that could be owned or operated by the government, such as schools, museums, libraries, and cultural facilities. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. Taken together, these provisions are interpreted as prohibiting smoking in all government facilities.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to government facilities.

Article 23 of Law 26687 prohibits smoking in enclosed workplaces covered under Health and Workplace Safety Law No. 19,587, which applies to “all establishments and operations, whether for profit or not-for-profit, whatever the economic nature of their activities, the setting where they are performed, the character of the facilities and work stations and types of machinery, materials, devices or procedures that are used or adopted.” Thus, Law 26687 applies to all workplaces, including private offices.

However, Art. 24 of Law 26687 sets forth three exemptions to the workplace smoking ban, one of which applies to private offices. Smoking is permitted in enclosed private office space that is used by a sole person with no other employees and does not receive the public under any circumstances.

Because of this limited exemption, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.” To align with best practices as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, and to ensure universal protection against tobacco smoke exposure, the law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and enclosed public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in hospitals, as both a public place and a workplace for some people. Additionally, hospitals fall within the catchall provision as an enclosed place with free or restricted public access.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to hospitals.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces, enclosed public places, and in “establishments for the custody, care and admission of . . . adults in old age homes.” The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in public areas of residential healthcare facilities, as both a public place and a workplace for some people. Additionally, in residential healthcare facilities that are “old age homes,” smoking is specifically prohibited.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to public areas of residential healthcare facilities.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and enclosed public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in non-residential healthcare facilities, as both a public place and a workplace for some people. Additionally, non-residential healthcare facilities fall within the catchall provision as an enclosed place with free or restricted public access.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to non-residential healthcare facilities.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and public places, and specifically prohibits smoking in “establishments for the custody, care, and admission of children in day care nurseries” and “teaching institutions of any level.” Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to childcare facilities and preschools.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and public places, and specifically prohibits smoking in “teaching institutions of any level.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to primary and secondary schools.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and public places, and specifically prohibits smoking in “teaching institutions of any level.” Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to universities and vocational facilities.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and enclosed public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in shops, as both a public place and a workplace for some people.

However, Art. 24(c) of the law provides an exemption to the ban for “tobacco shops with specialized areas authorized by the competent local authority.” Decree 602 regulates and limits this exemption, providing that such shops "can only be authorized if their business purpose is exclusively concerned with the sale of tobacco products and accessories for tobacco consumption, without it being permissible to offer any other type service or product." In addition, areas for tasting tobacco must comply with the following: 1) they must not be visible from outside the building; 2) they must be located in a space where people are not required to pass by; 3) they must be separated by walls or partitions that ensure complete isolation with respect to the rest of the facility or neighboring facilities; 4) they must have a ventilation and air purification system to ensure that other enclosed areas are not contaminated, as per rules to be established by the Ministry of Health; 5) employees of the tobacco shop may not remain in this area; 6) the entrance must be equipped with an automatic lateral sliding door, and not one that opens and closes on hinges, that is to remain permanently closed, and is to open only during entry or exit from the premises; and 7) its entrance must have a poster prominently displayed stating: “Area Hazardous to Health. Entry into or remaining in this area is not recommended. Access prohibited to minors under EIGHTEEN (18) years of age.”

Because of this limited exemption, the regulatory status “Smoking is Restricted” is given for shops rather than “100% Smoke Free.” To align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shops, including tobacco shops.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and public places, and specifically prohibits smoking in cultural facilities, museums and libraries.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to cultural facilities.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and public places, and specifically prohibits smoking in sporting stadiums and places where mass events are held.

The law aligns with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to indoor stadiums and arenas.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in restaurants, as both a public place and a workplace for some people. Additionally, restaurants fall within the catchall provision, which prohibits smoking in an enclosed place with free or restricted public access.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to restaurants.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and enclosed public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in bars, pubs and nightclubs, as these places are public places and workplaces for some people. Article 24(c) of the law provides an exemption to the ban for “clubs for smokers of tobacco products." Implementing Decree 602 stipulates that such clubs must: be a non-profit organization; be used exclusively by its members and not by the general public; and may only have external access, separate from other places where smoking is prohibited. In addition, employees may not perform work, nor offer any kind of product or services other than that of offering a space for the consumption of tobacco products; and minors under 18 may not enter.

Because of this very limited exemption, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.” To fully align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of bars, pubs and nightclubs, including “clubs for smokers.”

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in casinos as a public place and a workplace for some people. Additionally, casinos fall within the catchall provision that prohibits smoking in an enclosed place with free or restricted public access.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to casinos.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. The law is interpreted as prohibiting smoking in public areas of hotels and other lodging, as these places are a public place and a workplace for some people. Additionally, public areas of hotels fall within the catchall provision that prohibits smoking in an enclosed place with free or restricted public access.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to public areas of hotels.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and enclosed public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. Guest rooms in hotels are not specifically addressed in the law or its implementing decree. Therefore, the regulatory status "Uncertain" is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly require all parts of all indoor public places and workplaces, specifically including guest rooms in hotels and other lodging, to be 100% smoke free.

Article 23 of Law 26687 prohibits smoking in, among other places, enclosed workplaces and public places. The law further prohibits smoking in “any other enclosed space designed for free or restricted public access, whether paid or free” that is not specifically listed in Art. 23 of the law. Arguably, these provisions could be interpreted as prohibiting smoking in public areas of prisons and detention facilities, as these areas are public places and workplaces for some people. However, current prison regulations allow for smoking in designated areas (according to the information available at http://www.spf.gov.ar, the National Prison Service); therefore the regulatory status “Smoking is Restricted” is given.

To align with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of prisons and detention facilities.

Article 23 of Law 26687 specifically prohibits smoking on “means of public passenger transportation,” which is defined as “[a]ny type of vehicle that moves by land, air or water used to transport passengers with commercial ends.” Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to trains, buses, and other shared ground transportation.

Article 23 of Law 26687 specifically prohibits smoking on “means of public passenger transportation,” which is defined as "[a]ny type of vehicle that moves by land, air or water used to transport passengers with commercial ends.” Therefore, smoking is prohibited in taxis.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to taxis.

Article 23 of Law 26687 specifically prohibits smoking on “means of public passenger transportation,” which is defined as “[a]ny type of vehicle that moves by land, air or water used to transport passengers with commercial ends.” Therefore, smoking is prohibited in commercial aircraft.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to commercial aircraft.

Article 23 of Law 26687 specifically prohibits smoking on “means of public passenger transportation,” which is defined as "[a]ny type of vehicle that moves by land, air or water used to transport passengers with commercial ends.” Therefore, smoking is prohibited in commercial watercraft.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to commercial watercraft.

Article 23 of Law 26687 generally prohibits smoking in enclosed workplaces and public places, and specifically prohibits smoking in transportation station terminals.

The law aligns with best practice, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, with respect to public transport facilities.