Last updated: December 9, 2023
Duties / Penalties
Post signs
There is no duty imposed upon business owners, employers, or supervisors to post “no smoking” signs.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to post signs regarding smoke free areas and impose penalties for violations of that duty.
Remove ashtrays
There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on business owners, employers, or supervisors to remove ashtrays in places where smoking is prohibited.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law provides that the manager, owner, or lessee of the place where the violation occurred who authorized or acquiesced in the act is deemed to have committed the offense and shall also be held personally liable on summary conviction to a fine of 10,000 dollars and to imprisonment for six months. However, the law does not spell out the steps a manager, owner, or lessee is required to take to require a person to stop smoking.
To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should state the steps a business owner/manager is required to take to stop a person from smoking where prohibited.
Not to smoke where prohibited
The law provides that a person who smokes in a prohibited area is liable, on summary conviction, to a fine of 10,000 dollars and to imprisonment for six months.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.
