Honduras

The law imposes a duty on bosses, owners or their representatives, administrators, or others in change of the establishments or sites to post signs indicating the consumption of tobacco-derived products is banned. The regulations specify the text, sizes, and locations of five different “no smoking” signs, all including the international no-smoking logo. The regulations also grant the authority to design additional signs to the Technical Division of the Honduran Institute for the Prevention of Alcoholism, Drug Addiction and Pharmaceutical Dependency (IHADFA).

Failure to post signs in smoke free areas, as required by Art. 26, may result in a fine of 17 monthly minimum salaries plus seizure and destruction of the product.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, fines imposed under the law should increase for repeated violations, and the law should provide for administrative sanctions such as the suspension of business licenses.

The regulations require that ashtrays and any other object used for tobacco use be removed from specified places where smoking is prohibited under Art. 26 of the law. However, neither the law nor the regulations specify a penalty for violating this duty.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specify a penalty for failure to remove ashtrays from the premises.

There is no duty imposed upon business owners, employers, or supervisors to take steps to require a person to stop smoking. However, the law does provide for sanctions against owners and proprietors of public and private establishments that allow smoking in places where it is prohibited. The fine is equal to two minimum monthly salaries. In the event of recurrence, the law provides for revocation of the establishment’s operating permit.

With regard to public transportation, municipalities and the General Office of Transportation may sanction the owners of any type of transportation where smoking is allowed or takes place with a fine of one minimum daily salary for each violation.

In the case of gas stations, owners and proprietors of the service stations who allow the use of tobacco-derived products can be fined three and one-half minimum monthly salaries. There is no provision addressing recurrent violations with respect to gas stations. Municipalities are responsible for imposing sanctions for violations at gas stations.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, an explicit duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.

Private right of action: the law permits family members or individuals to report and file claims with the police against smokers who expose them to the inhalation of tobacco smoke in private places in family residences.

Although there is no explicit duty imposed upon smokers to not smoke where it is prohibited, the law imposes sanctions on individuals who fail to obey the provisions of the law. Sanctions are imposed by police authorities according to the following order: (1) verbal or written warning; (2) removal from the site; (3) seizure of products used; (4) preventive detention; (5) payment of fines (as specified in Art. 44 of the law) before being freed; and (6) other sanctions established by law. Under Art. 44, municipalities may impose fines equivalent to one daily minimum salary. In addition to these sanctions, violators are also open to claims and legal actions by those who believe themselves to be harmed by the violators’ irresponsible actions.