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 workplaces
Analysis
The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Work places” is on this list. The definitions section of the Regulations makes clear that a “work place” may be “an open or closed space.” Therefore, outdoor workplaces are smoke free.
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 and places where spectacles and recreational activities are conducted, including parks
Analysis
The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Athletic facilities and places where spectacles and recreational activities of any kind occur” are on this list. The Regulations further explain that: “Included are all areas involved in activities with massive concentrations of people, holiday gatherings, parties, and the like, and parks in general.” This is interpreted to also include outdoor stadiums, arenas, parks, and other outdoor venues.
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.”
The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. “Gas stations” are on this list.
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.”
Ports, bus and taxi stops, other mass transit stops
Analysis
The Tobacco Control Law and its Regulations contain a list of places where smoking is prohibited and that must be 100% smoke free. Ports, bus and taxi stops, railway stations, and other mass transit stops are on this list. This is interpreted as including outdoor transit stops as well as indoor facilities.
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.”
