Netherlands

The law requires a person or entity in charge of a smoke-free place to “establish, designate, and enforce a smoking ban.” Presumably, this duty includes posting no-smoking signs. However, because the law does not expressly state that signs must be posted and describe the required sign, the regulatory status “Uncertain” is given. 

Violations of the duty to “establish, designate, and enforce a smoking ban” are subject to an administrative fine of €600. The fine increases to: €1,200 for a second offense within 2 years; €2,400 for a third offense within 3 years; €4,500 for a fourth offense within 5 years. However, the violation may not be disposed of with an administrative fine if the administrative fine is significantly exceeded by the economic benefit obtained from the violation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes fines for a failure to enforce the no smoking ban. To more fully align, the law should expressly state that there is a duty to post no-smoking signs. Further, the drafters of the law should consider additional penalties – such as license suspension or revocation – for repeat violations.

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises and specify appropriate penalties for violations.

The law requires a person or entity in charge of a smoke-free place to “establish, designate, and enforce a smoking ban.” This is interpreted as requiring a person to stop smoking.

Violations of the duty to “establish, designate, and enforce a smoking ban” are subject to an administrative fine of €600. The fine increases to: €1,200 for a second offense within 2 years; €2,400 for a third offense within 3 years; €4,500 for a fourth offense within 5 years. However, the violation may not be disposed of with an administrative fine if the administrative fine is significantly exceeded by the economic benefit obtained from the violation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to take steps to require a person to stop smoking. To more fully align, the law should provide for additional penalties – such as license suspension or revocation – for repeat violations.

The law does not impose a duty upon smokers not to smoke where prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon smokers not to smoke where prohibited and specify appropriate penalties for violations.