Peru

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all indoor workplaces.

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor public places. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all indoor public places.

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking on public transport. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

Law No. 29517, amending Law No. 28705, prohibits smoking in “public offices,” which is defined as including all national entities. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in public offices. Therefore, smoking is prohibited in all government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all private offices.

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in all hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in all areas of residential healthcare facilities, including public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in residential healthcare facilities.

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health”. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education” and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education and all indoor workplaces. Therefore, smoking is prohibited in preschools as establishments dedicated to education and childcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education” and indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education and indoor workplaces. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education. Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in shops and stores, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops and stores.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in cultural facilities, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in indoor stadiums and arenas, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in restaurants, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in bars, pubs and nightclubs, as these are enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and work places. Therefore, smoking is prohibited in casinos, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and work places. Therefore, smoking is prohibited in public areas of hotels and other lodging, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Arguably, these provisions could be interpreted as prohibiting smoking in guest rooms of hotels and other lodging. However, it is unclear if legislators intended for the law to be interpreted in this manner. The regulatory status “Uncertain,” accordingly, is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specifically prohibit smoking in all guestrooms of hotels and other lodging.

Law No. 29517, amending Law No. 28705, generally prohibits smoking in enclosed public places and workplaces, and specifically prohibits smoking in “public offices” (defined as all national entities). The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places, workplaces and public agencies. These provisions could be interpreted as prohibiting smoking in public areas of prisons, as prisons are national entities and work places for some, and visiting area of prisons are open to the public. However, prison regulations do not specifically prohibit smoking in prisons. (See http://spij.minjus.gob.pe/CLP/contenidos.dll?f=templates&fn=default-codejecucionpenal.htm&vid=Ciclope:CLPdemo). Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking in prisons and detention facilities is prohibited.

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited on trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation.

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places. Therefore, smoking is prohibited in public transport facilities, as these are enclosed public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.