Last updated: December 9, 2022
Duties / Penalties
Post signs
The law requires signs in smoke-free places indicating that tobacco product use is prohibited and a statement specifying the amount of the fine. However, the law does not specifically provide for a penalty for failure to post no-smoking signs where smoking is prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law
should impose a penalty upon business owners, employers and supervisors
who fail to post no-smoking signs.
Remove ashtrays
The law does not impose a duty on business owners, employers or supervisors to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law 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)
Failure by an employer to take measures against a person who is consuming tobacco products where prohibited in punishable as follows: (1) for officials, small businesses, and non-profits, a fine in the amount of 25 monthly calculation indices; (2) for medium-sized businesses, a fine in the amount of 40 monthly calculation indices; and (3) for large businesses, a fine in the amount of 60 monthly calculation indices.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to take steps to require a person to stop smoking in a no-smoking area.
Not to smoke where prohibited
Consumption of tobacco where prohibited is punishable by a fine in the amount of 15 monthly calculation indices, with a repeat offense committed within one year subject to a fine in the amount of 20 monthly calculation indices. Consumption on board on aircraft is punishable by a fine in the amount of 50 monthly calculation indices. Consumption in a vehicle in which a minor is present is punishable by a fine in the amount of 10 monthly calculation indices, with a repeat offense within one year subject to a fine of 20 monthly calculation indices.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon smokers not to smoke where smoking is prohibited.