Last updated: December 21, 2024

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
None
Analysis

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

No
N/A
Analysis

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)

Yes
Fine
Analysis

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.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

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.