Last updated: April 19, 2024
Duties / Penalties
Post signs
The federal law does not impose a duty upon business owners, employers, or supervisors to post signs. However, enforcement of smoke free provisions is primarily the responsibility of the Länder (states). Many states’ laws impose upon business owners, employers, or supervisors a duty to display no-smoking signs, and impose a fine if this duty is violated.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all states’ laws should impose a duty upon business owners, employers, or supervisors to display no-smoking signs.
Remove ashtrays
The federal law does not impose upon business owners, employers, or supervisors a duty to remove ashtrays. However, enforcement of smoke free provisions is primarily the responsibility of the Länder (states). Some states’ laws may impose a duty remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the federal law or all state laws should impose a duty upon business owners, employers, or supervisors to remove ashtrays.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The federal law does not impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking. However, enforcement of smoke free provisions is primarily the responsibility of the Länder (states). All 16 states’ laws impose upon business owners, employers, or supervisors a duty to take steps to require a person to stop smoking, and impose a fine if this duty is violated.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines regarding imposing a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.
Not to smoke where prohibited
The Federal Non-Smokers Protection Act makes it an administrative offense to smoke where prohibited, which may be punished by a fine. However, enforcement of smoke free provisions is primarily the responsibility of the Länder (states), and therefore fines are set out in the states’ laws. All 16 states impose fines upon smokers who smoke where prohibited.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on a smoker not to smoke where prohibited.
