Last updated: July 20, 2022
Duties / Penalties
Post signs
The law requires owners, lessees, or those otherwise in possession of a public place to post no-smoking signs. Manufacturers or importers of elevators designed to carry people in residential buildings must also post no-smoking signs in these elevators before the elevators go into commission. The Minister of Health has the authority to issue regulations specifying the size, number, and contents of the signs.
Violators are subject to a fine in the amount set forth in the Penal Law, 1977. The Minister of Justice, with the consent of the Minister of Health, may impose a higher fine, but not more than ten percent greater than the maximum fine.The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring no-smoking signs and imposing fines on those who fail to post. To more fully align, the law should provide for a range of penalties, including license suspension or revocation, and should also provide for higher penalties for repeat violations.
Remove ashtrays
The law prohibits owners, lessees, or those otherwise in possession of a public place to place an ashtray in that place.
Violators are subject to a fine in the amount set forth in the Penal Law, 1977. The Minister of Justice, with the consent of the Minister of Health, may impose a higher fine, but not more than ten percent greater than the maximum fine.The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to placing a duty on persons in charge to ensure there are no ashtrays in smoke free areas and imposing fines for violations of that duty. To more fully align, the law should provide for a range of penalties, including license suspension or revocation, and should also provide for higher penalties for repeat violations.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires owners, lessees, or those otherwise in possession of a public place to take “all reasonable steps” to stop a person from smoking where prohibited. If the person continues to smoke, the person in charge must file a complaint with local authorities.
Violators are subject to a fine in the amount set forth in the Penal Law, 1977. The Minister of Justice, with the consent of the Minister of Health, may impose a higher fine, but not more than ten percent greater than the maximum fine.The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to placing a duty on persons in charge to take steps to require a smoker to stop smoking and imposing fines for violations of that duty. To more fully align, the law should provide for a range of penalties, including license suspension or revocation, and should also provide for higher penalties for repeat violations.
Not to smoke where prohibited
The law imposes a duty on smokers not to smoke where prohibited. Violators are subject to a fine in the amount set forth in the Penal Law, 1977. The Minister of Justice, with the consent of the Minister of Health, may impose a higher fine, but not more than ten percent greater than the maximum fine.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to fines for smokers. To more fully align, the law should provide for higher penalties for repeat violations.
