Last updated: February 11, 2024
Duties / Penalties
Post signs
(e.g., seizure of the product, publication of the violation/violator)
Article 15 of the Tobacco Hazards Prevention Act requires the placement of no-smoking signs at the entrances of places where smoking is prohibited. Article 18 of the THPA requires the placement of signs at designated smoking areas for places that may have smoking areas.
Failure to post signs is punishable by a fine of no less than NTD 10,000 but no more than NTD 50,000. A person who fails to correct the violation (by posting signs) within the specified period of time may be fined repeatedly and continuously for each failure to correct. In addition, a person who violates any provision of the Act is subject to having his/her identity and the nature of the violation published.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for compounded fines for repeat violations. To more fully align, the drafters of the law should consider other types of penalties, such as license suspension or revocation.
Remove ashtrays
(e.g., seizure of the product, publication of the violation/violator)
Article 18 of the Tobacco Hazards Prevention Act provides that, in places where smoking is prohibited, smoking related objects shall not be supplied. This is interpreted as prohibiting ashtrays in smoke free places.
Supplying smoking related items (such as ashtrays) is punishable by a fine of no less than NTD 10,000 but no more than NTD 50,000. A person who fails to correct the violation (by removing ashtrays) within the specified period of time may be fined repeatedly and continuously for each failure to correct. In addition, a person who violates any provision of the Act is subject to having his/her identity and the nature of the violation published.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for compounded fines for repeat violations. To more fully align, the drafters of the law should consider other types of penalties, such as license suspension or revocation.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires “the person in charge of a place where smoking is prohibited or restricted, as well as the employees thereof, [to] stop those who smoke in the non-smoking places.” The law does not specify a penalty for those who violate this provision.
Not to smoke where prohibited
A person who smokes in a smoke free place or area is subject to a fine of no less than NTD 2,000 but no more than NTD 10,000.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for those who smoke where smoking is prohibited.
