Last updated: March 6, 2020
Duties / Penalties
Post signs
The law imposes a duty upon management of places required to be smoke free to post signs about the law in the official languages based on templates approved by the Minister of Health. However, no sanction is provided for failing to do so.
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should: (1) consider including in the contents of the sign a method to report violations and the name of the person to whom complaints should be addressed and (2) contain penalties for failure to post signs. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.
Remove ashtrays
The law imposes no duty upon business owners/employers/supervisors to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon owners/employers/supervisors to remove ashtrays and impose penalties for violations of that duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law imposes a duty upon entities required to be smoke free to ensure compliance with the law. It also requires management of smoke free places to order people smoking in violation of the law to stop and call the proper enforcement authorities if they do not. However, no sanction is provided for failing to do so.
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should contain penalties for failure to take steps to require a person to stop smoking. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.
Other
The law imposes fines from US $100-$5,000 for public entities or commercial entities that violate the provisions set forth in Art. 6, which establishes the open-air areas, spaces, and rooms where smoking is permitted in some places.
Not to smoke where prohibited
The law imposes fines from US $50-$70 for anyone who smokes where it is prohibited. Note no fine is imposed for violating Art. 5(z): “any other enclosed public space intended for public use other than those indicated in the foregoing sub-paragraphs.”
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should contain penalties for all individuals who smoke everywhere it is prohibited.
