Last updated: January 12, 2021

Smoke Free Status of Outdoor Places

Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes

Children’s parks and clubs

Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes children’s parks and clubs.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provision that Parties shall provide for protection from tobacco smoke exposure “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”

Outdoor areas of workplaces of industries and factories (including restaurants)

Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “indoor or outdoor area in which employees perform the job at industries and factories, enterprises and plant machineries.”

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provision that Parties shall provide for protection from tobacco smoke exposure “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”

Stadiums

Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “stadiums.” Because this provision is not limited to indoor stadiums, it is interpreted as including outdoor stadiums.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provision that Parties shall provide for protection from tobacco smoke exposure “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”

Pilgrimage and religious places

Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “pilgrimage and other religious places.” Because this provision is not limited to indoor pilgrimage and religious places, it is interpreted as including outdoor pilgrimage and religious places.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provision that Parties shall provide for protection from tobacco smoke exposure “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”