Argentina

Law 26687 requires business owners to post no-smoking signs. Signs must be no less than 30 cm on each side and placed in a visible spot. The text must be legible and prominent with black letters on white background, and must contain a phone number and email for reporting violations. Implementing Decree 602 requires these signs to state: "Smoke free environment. Smoking prohibited. Law Nº 26.687” and the phone number and e-mail address for receiving complaints of violations, or such statements as may be determined at a future time by the Enforcement Authority.

Violators of the provision regarding no-smoking signs are subject to a monetary fine “equivalent to the value to the end user of between TWO HUNDRED FIFTY (250) and ONE THOUSAND (1,000) packages of TWENTY (20) cigarettes of the highest price sold in the country.” For repeat offenses, violators are subject to a monetary fine equivalent to “the value of TWO THOUSAND FIVE HUNDRED (2,500) packages with the same characteristics.” The law also authorizes closure of any establishment that violates the law.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties and increased fines for repeat violations. However, the law imposes the same penalties on business owners who fail to post signs or allow smoking in indoor premises as it imposes on smokers who violate the law. FCTC Art. 8 Guidelines para. 32 provides that “larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Thus, to align more fully, the law should impose larger penalties on business owners than on individuals and should ensure that such penalties are sufficiently large to deter violations.

The law imposes no duty upon business owners, employers, and supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Article 23 of Law 26687 entitles non-smokers “to demand that the owner, legal representative, manager, administrator or person responsible for whatever reason of the respective locale or establishment warn the violator to cease his behavior.” Implementing Decree 602 further stipulates that "[i]t shall be the responsibility of the proprietor, the representative, manager, administrator or person in charge in any way of the respective premises or establishment to require any person or persons who may fail to comply with this rule to cease immediately the act of smoking and burning of the product. If this is refused, the offender must be ordered to leave the premises and have service refused to him, and if he persists, the assistance of law enforcement is to be requested."

Violators of this provision are subject to a monetary fine “equivalent to the value to the end user of between TWO HUNDRED FIFTY (250) and ONE THOUSAND (1,000) packages of TWENTY (20) cigarettes of the highest price sold in the country.” For repeat offenses, violators are subject to a monetary fine equivalent to “the value of TWO THOUSAND FIVE HUNDRED (2,500) packages with the same characteristics.” The law also authorizes closure of any establishment that violates the law.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties and increased fines for repeat violations. However, the law imposes the same penalties on business owners who fail to post signs or allow smoking in indoor premises as it imposes on smokers who violate the law. FCTC Art. 8 Guidelines para. 32 provides that “larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Thus, to align more fully, the law should impose larger penalties on business owners than on individuals and should ensure that such penalties are sufficiently large to deter violations.

Individuals who violate the no-smoking provisions are subject to a monetary fine “equivalent to the value to the end user of between TWO HUNDRED FIFTY (250) and ONE THOUSAND (1,000) packages of TWENTY (20) cigarettes of the highest price sold in the country.” For repeat offenses, violators are subject to a monetary fine equivalent to “the value of TWO THOUSAND FIVE HUNDRED (2,500) packages with the same characteristics.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for increased fines for repeat violations. However, the law imposes the same penalties on business owners who fail to post signs or allow smoking in indoor premises as it imposes on smokers who violate the law. FCTC Art. 8 Guidelines para. 32 provides that “larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Thus, to align more fully, the law should impose larger penalties on business owners than on individuals and should ensure that such penalties are sufficiently large to deter violations.