Last updated: February 2, 2021
Duties / Penalties
Post signs
Although the law requires posting of signs that designate smoking rooms, the law does not impose a duty upon business owners/employers/supervisors to post signs stating that smoking is prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty to post signs and specify appropriate penalties for violations.
Remove ashtrays
The law does not impose a duty 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 and specify appropriate penalties for violations.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law imposes penalties on business owners/occupiers who allow smoking in areas where smoking is prohibited. This is interpreted as imposing a duty to take steps to require a person to stop smoking. A business owner/occupier who violates this duty is subject to a fine of up to 200 fine units. Legal entities that violate this duty are subject to a fine of up to 2000 Euros.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon business owners, employers, and supervisors to take steps to require a person to stop smoking. To align more fully, the law should provide for increasing fines for repeated violations.
Not to smoke where prohibited
A person who smokes in an area where smoking is prohibited is subject to a fine of up to 20 fine units.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.
