Last updated: September 14, 2022
Duties / Penalties
Post signs
(e.g., seizure of the product, publication of the violation/violator)
The law requires all smoke free places under the law to post graphic and written signs that read “100% tobacco smoke free environment” as per regulations. Failure to display such a sign is considered a minor infraction, penalized by a written warning.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.
Remove ashtrays
The law does not impose a duty upon business owners, employers, or 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 and specify appropriate penalties for violations.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not specifically impose a duty on business owners, employers, or supervisors to take steps to require a person to stop smoking.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking and impose penalties for violations.
Not to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
Sanctions depend on the seriousness of the offense and recidivism. Types of penalties include warnings and fines.
Minor infractions are penalized by a written warning. Serious infractions have a pecuniary fine of UFV500. Very serious infractions have a monetary fine of UFV1,0000. Recidivism of serious and very serious infractions increases the fine by 100%.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.
