Last updated: June 1, 2020
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places. The only exceptions to the smoking ban permit the consumption of tobacco-derived products in designated rooms in cigar factories specially built for that purpose and in spaces where tobacco tasting takes place, although minors are not allowed to enter these places. As these places are workplaces for some people, not all workplaces are smoke free. As a result of these limited exceptions, the category of “all indoor workplaces” is given the regulatory status of “Smoking is Restricted.”
The law includes a list of places covered by the smoking ban. Although inclusion of a list of workplaces covered by a smoking ban can create confusion about whether the list is all inclusive or merely meant to provide examples, this list does not limit the smoking ban because the law clearly states that all workplaces are covered by the ban (with the limited exceptions for cigar factories and tobacco tasting places) and the term “workplaces” is comprehensive.
Although there are only two very limited exceptions to the smoking ban in indoor workplaces, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all indoor workplaces because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.
All indoor public places
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all part of all workplaces and in all public places. The only exceptions to the smoking ban permit the consumption of tobacco-derived products in designated rooms in cigar factories specially built for that purpose and in spaces where tobacco tasting takes place, although minors are not allowed to enter these places. As some of these places are public places, not all indoor public places are smoke free. As a result of these limited exceptions, the category of “all indoor public places” is given the regulatory status of “Smoking is Restricted.”
Although there are only two very limited exceptions to the smoking ban in indoor workplaces, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all indoor workplaces because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.
All public transport
The law prohibits the consumption of tobacco-derived products in all means of public transport, including their terminals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport.
Government facilities
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Government facilities are considered to be workplaces and/or public places. In addition, the law specifically lists “spaces intended for the functioning of offices in the public and private sector.” Therefore, smoking is banned in government facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities (provided that cigar factories and spaces where the tasting of tobacco takes place are not in places owned or operated by the government).
Private offices
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places. The law includes a list of places covered by the smoking ban, specifically including "spaces intended for the functioning of offices in the public and private sector, such as buildings, shopping centers, parking lots, offices and any other work place."
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Hospitals are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “medical care centers, pharmacies and any other health care center.” Therefore, smoking is banned in hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Public areas of residential healthcare facilities are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “medical care centers, pharmacies and any other health care center.” Therefore, smoking is banned in public areas of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to residential healthcare facilities.
Non-residential healthcare facilities
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Non-residential healthcare facilities are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “medical care centers, pharmacies and any other health care center.” Therefore, smoking is banned in non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Childcare facilities and preschools are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “public and private educational centers.” Therefore, smoking is banned in childcare facilities/preschools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/preschools.
Primary and secondary schools
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Primary and secondary schools are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “public and private educational centers.” Therefore, smoking is banned in primary and secondary schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Universities and vocational facilities are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “public and private educational centers.” Therefore, smoking is banned in universities and vocational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Shops are considered to be workplaces and/or public places. In addition, many shops are specifically covered, including fuel service stations and their consumer stores, shopping centers, grocery stores, business establishments, banking, financial, and cooperative agencies. It is our understanding that tobacco tasting does not take place in stores but rather takes place in factories, and therefore that exception does not apply. Therefore, the law is interpreted as prohibiting smoking in all shops.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Cultural facilities are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “centers designed for entertainment, sports, and culture.” Therefore, smoking is banned in cultural facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Indoor stadiums and arenas are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in “centers designed for entertainment, sports, and culture.” Therefore, smoking is banned in indoor stadiums and arenas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Restaurants are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in establishments designed for entertainment, which encompasses restaurants. Therefore, smoking is banned in restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Bars, pubs, and nightclubs are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in establishments designed for entertainment, which encompasses bars, pubs, and nightclubs. Therefore, smoking is prohibited in these establishments.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.
Casinos
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Casinos are considered to be workplaces and/or public places. In addition, the law specifically bans the consumption of tobacco-derived products in establishments designed for entertainment, which encompasses casinos. Therefore, smoking is prohibited in casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Public areas of hotels/lodging are considered to be workplaces and/or public places. Therefore, smoking is banned in public areas of hotels/lodging.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels/lodging.
Hotels/lodgings - guest rooms
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Guest rooms in hotels are not specifically addressed. Therefore, the regulatory status “Uncertain” is assigned.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, specifically including guest rooms in hotels and other lodging, to be 100% smoke free.
Prisons/detention facilities - public areas
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Public areas of prisons and detention facilities are considered to be workplaces and/or public places. Therefore, smoking is banned in public areas of prisons and detention facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, on all means of public and private transportation, including their terminals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.
Taxis (for-hire vehicle)
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, on all means of public and private transportation, including taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, on all means of public and private transportation. Air travel is considered a means of public transportation as defined under the law. Therefore, the ban covers commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, on all means of public and private transportation. Travel by water is considered a means of public transportation as defined under the law. Therefore, the ban covers commercial watercraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The law prohibits the consumption of tobacco-derived products, which includes smoked and smokeless tobacco products and e-cigarettes, on all means of public and private transportation, including their terminals. In addition, the law prohibits the consumption of tobacco-derived products in all parts of all workplaces and in all public places except for the very limited exceptions of in cigar factories and spaces where tobacco tasting takes place. Minors, however, are not allowed to enter these facilities where smoking takes place. Transport facilities are considered to be workplaces and/or public places. Therefore, smoking is banned in transport facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.