Last updated: May 11, 2023
Duties / Penalties
Post signs
The law requires proprietors of indoor or outdoor areas and organizers of public events to post signs indicating areas where smoking is prohibited and where smoking is allowed. The law notes that the signs must be unambiguous and sized and located so that they are easily visible to those who enter or spend time in the premises. Violations are reported to the licensing authority by labor protection authorities, the municipality, and, if necessary, the police.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To more fully align, the law should specify size and text of signs, require the signage to provide a phone number or other way to report violations, and provide for increasing penalties for repeated 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 a duty on business owners, employers, and supervisors to take protective measures against exposure to tobacco smoke by taking steps to require persons to stop smoking where smoking is prohibited. Failure to take such measures is punishable by a fine.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to take steps to require a person to stop smoking. To more fully align, the law should provide for increased penalties for repeated violations.
Not to smoke where prohibited
The law imposes a duty on smokers not to smoke where prohibited. Any person who intentionally and despite an objection from a responsible supervisor continues to smoke where smoking is prohibited is subject to a fine.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not smoke where prohibited. To more fully align, the law should provide for increasing fines for repeated violations.
