Last updated: September 21, 2022
Duties / Penalties
Post signs
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) imposes a general duty upon managers of smoke free places to prevent smoking. The Bylaw imposes a specific duty on managers of smoke free places to post no-smoking signs. The 2007 Law establishes a fine between 1,000 and 20,000 pounds for failure to comply.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.
Remove ashtrays
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) imposes a general duty upon managers of smoke free places to prevent smoking. However, neither the Law nor the Bylaw imposes a duty to remove ashtrays.
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)
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) imposes a general duty upon managers of smoke free places to prevent smoking. Failure to comply is punishable by a fine between 1,000 and 20,000 pounds. Neither the law nor the bylaw states the specific steps a manager must take.
Law No. 4 of 1994 imposes a fine between 1,000 and 20,000 pounds upon managers of smoking-restricted establishments for failure to prevent smoking in smoke free areas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to prevent smoking. However, to improve enforceability, the law or bylaws should state the specific steps a manager should take, such as warning, discontinuing service (if applicable), and calling authorities, as recommended by the FCTC Art. 8 Guidelines.
Not to smoke where prohibited
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) imposes a fine between 50 and 100 pounds upon those that smoke in smoke free places.
Law No. 4 of 1994 imposes a fine between 10 and 50 pounds for those who smoke on public transit.
These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.