Last updated: August 20, 2024
Duties / Penalties
Post signs
There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.
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 post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.
Remove ashtrays
There is no duty imposed 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.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Under the primary tobacco control laws, there is no duty imposed upon owners, employers, or supervisors to take steps to require a person to refrain from smoking. A decree provides that the failure to comply with smoking restrictions will subject a smoker to a warning and, in the event of a repeat offense, removal from the premises by the person in charge.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.
Not to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
Decree No. 2.018 provides that the failure to comply with smoking restrictions will subject a smoker to a warning and, in the event of a repeat offense, removal from the premises by the person in charge. However, the law should be clear about the application of penalties to smokers.
