Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes
Outdoor areas of preschools, primary and secondary educational
institutions
Analysis
Article 10(b) lists places where smoking is prohibited in all indoor and outdoor areas of the premises. This list includes “pre-school, primary and secondary educational institutions.”
This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”
Outdoor areas of facilities where fuel is consumed
Analysis
Article 10(b) lists places where smoking is prohibited in all indoor and outdoor areas of the premises. This list includes “facilities where fuel is consumed.”
This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”
Outdoor areas of places where explosives, inflammable materials, medications, or foods are manufactured, processed, stored, or handled
Analysis
Article 10(b) lists places where smoking is prohibited in all indoor and outdoor areas of the premises. This list includes “places where explosives, inflammable materials, medications or foods are manufactured, processed, stored, or handled.”
This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”
Outdoor athletic facilities, gymnasiums, or stadiums
Analysis
Article 10(b) lists places where smoking is prohibited in all indoor and outdoor areas of the premises. This list includes “galleries, platforms and other spaces intended for the public in athletic facilities, gymnasiums or stadiums. This prohibition extends to the playing field and to the entire area encompassed within the perimeter consisting of such galleries, platforms and other spaces, except in places where smoking is specially authorized that may be included in such premises.” Therefore, smoking is restricted in outdoor stadiums and arenas, with designated smoking areas permitted.
Analysis
Article 10(d), as inserted by Law 21413 of February 1, 2022, prohibits smoking on beaches, within 80 meters of the high tide line or the riverbank.
