Costa Rica

The Tobacco Control Law requires managers and persons in charge of smoke free places to post signs stating “Smoking Prohibited, smoke free area” and displaying the international symbol to prohibit smoking. The Regulations provide further requirements - including size, height from the floor, location, and visibility - for indoor places, outdoor places, public transit, and venues for activities with mass concentration of people.

Failure to comply with these requirements is subject to a fine of 15% of the minimum wage. Minimum wage “refers to the concept used in Article 2 of Law No. 7337, May 5, 1993”, and is published yearly in the Gazette. In addition, municipalities and the Ministry of Health may shut down premises that fail to comply with any provisions of the tobacco control law.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines commensurate with the seriousness of the violation, and permits license removal or closure of premises where appropriate. However, to more fully align with FCTC Art. 8 Guidelines para. 32, the drafters of the law should consider imposing higher fines for repeat offenders.

The law does not require business owners, employers or supervisors to remove ashtrays.

To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31, the law should require such persons to remove ashtrays from premises.

The Tobacco Control Regulations impose a duty on the person in charge of a smoke free place to order a person to stop smoking and, if that person refuses, to order that person’s removal from the premises. The Tobacco Control Law imposes a fine of 50% of the minimum wage on managers, owners, operators, etc., who allow smoking where it is prohibited. Minimum wage “refers to the concept used in Article 2 of Law No. 7337, May 5, 1993”, and is published yearly in the Gazette. In addition, municipalities and the Ministry of Health may shut down premises that fail to comply with any provisions of the tobacco control law.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines commensurate with the seriousness of the violation, and permits license removal or closure of premises where appropriate. However, to more fully align with FCTC Art. 8 Guidelines para. 32, the drafters of the law should consider imposing higher fines for repeat offenders.

The Tobacco Control Regulations require managers or owners of smoke free places to inform persons with visual impairments of the ban on smoking. The Regulations also require mangers, owners, or representatives of public and private facilities that are smoke free to undertake actions conducive to compliance with the law, “so that public institutions and private companies with autonomous service regulations, collective bargaining agreements, internal work regulations, or any other pertinent normative instrument, must incorporate the prohibition of smoking into their work place, as well as the respective disciplinary sanctions.”

There are no specific sanctions in the Law associated with violations of these provisions of the Regulations. However, the Law allows for closure and removal of license of any establishment that fails to comply with any provision of the law.

The Tobacco Control Law imposes a fine of 10% of minimum wage on those who smoke in smoke free places. Minimum wage “refers to the concept used in Article 2 of Law No. 7337, May 5, 1993”, and is published yearly in the Gazette.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers.