Guatemala

For enclosed public places and workplaces: the regulations impose a duty on owners, managers, and administrators to post signs bearing the international symbol for no smoking (picture of a red circle with a lit cigarette, crossed through by a red line to the edges of the circle). Signs must be placed, at least, in the entry or access to the space and in other areas as deemed necessary. Signs must be at least 25 cm x 25 cm. The no-smoking symbol must be at least 20 cm in diameter.

For public transport: the regulations impose a duty on owners of vehicles used for public transport to post signs bearing the international symbol for no smoking. Two signs are required in buses and minibuses. For other vehicles, one sign must be posted inside the front glass of the vehicle. Signs must be at least 10 cm x 10 cm, with the no-smoking symbol measuring at least 9 cm in diameter.

The law establishes the following penalties: (1) a fine equivalent to 150 daily minimum salaries for agricultural activities for a first offense; (2) closure of the establishment for three days for a second offense; and (3) doubling of the time period for closure from the previous penalty, for each subsequent offense.

Neither the law nor regulations impose 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.

The regulations impose a duty on the owners, managers, and administrators of enclosed public places and workplaces and means of public transport to ensure that the general public and their employees observe the smoking ban. They are required to: (1) allow inspections of their premises or vehicles by the Ministry of Public Health and Social Welfare; (2) adopt smoke free employee policies and monitor their employees for compliance; and (3) adopt policies and procedures to ensure compliance with the ban.

Owners, managers, and administrators who breach this duty are subject to: (1) a fine equivalent to 100 minimum daily salaries for agricultural activities for a first offense; (2) closure of the establishment for three days for a second offense; and (3) doubling of the time period for closure from the previous penalty, for each subsequent offense.

The law imposes penalties on those who establish areas for smokers (i.e., hotel rooms) in a manner contrary to the law. Violators are subject to: (1) a fine equivalent to 200 minimum daily salaries for agricultural activities for a first offense; (2) closure of the establishment for three days for a second offense; and (3) doubling of the time period for closure from the previous penalty, for each subsequent offense.

The law imposes a fine equivalent to 10 minimum daily salaries for agricultural activities for a first offense. For a second offense and each subsequent offense, the amount of the previous sanction shall be doubled.