Turkey

In places where smoking tobacco products is prohibited, signs indicating the legal arrangement and the penalties for violation shall be posted at easily visible points in at least 10 cm font size in indoor places and 3 cm font size in mass transportation vehicles. Moreover, health warnings describing the health hazards of tobacco use shall be posted in easily visible points in areas designated for consuming tobacco products.

Decision No. 4201 gives specifications for signs to be displayed in any indoor areas of any public and private buildings: 50x70 cm, of a rectangular shape; “No Smoking” as the text of the warning; 10 cm as size of text; followed by other warnings - e.g., "Tobacco use is prohibited here. Violators and those who condone such behavior shall be fined pursuant to Law No. 4207", and “for your complaints". Signs should be formatted as follows: 35% of the area shall be allocated for the "no smoking" sign (top), 35% – for the warning “NO SMOKING" (middle), and 30% – for the remaining part of the warning (bottom).

Decision No. 4201 gives specifications for signs to be displayed on mass transportation vehicles (highway, railway, seaway, and airway). Signs shall: be of minimum A5 size of a rectangular shape; and contain the warning: NO SMOKING” of the size of at least 3 cm, followed by the warnings: "Tobacco use is prohibited here. Violators and those who condone such behavior shall be fined pursuant to Law No. 4207."

The name and the phone number of a person or institution responsible for the placement of the legal warning and the enforcement of a sanction against any violators shall be indicated in the space after the words “For complaints:”

Those who fail to post a proper sign are penalized with an administrative fine of 1,000 TL. Administrative fines shall be increased for the first and second repeat offenses taking place within the same year. In the case of a third subsequent offense within the same year, the business premises is to be closed for ten days to one month.

The FCTC Art. 8 Guidelines provide that the law specify duties of the owner, manager, or other persons in charge of the premises to, inter alia, post no smoking signs and that the format and content of these signs to be specified and include a telephone number or other mechanism to report violations. Therefore, in this regard, the law aligns with the FCTC Art. 8 Guidelines.

There is no express requirement for managers to remove ashtrays; however, those who are responsible for operating enterprises where smoking is prohibited, yet fail to implement the law's prohibitions by taking necessary measures may receive a written warning or fine between 1000 TL and 5000 TL. Administrative fines shall be increased for the first and second repeat offenses taking place within the same year. In the case of a third subsequent offense within the same year, the business premises is to be closed for ten days to one month.

The law could be improved by specifying what reasonable steps a business owner must take to prevent smoking in her establishment, including removing ashtrays.

The law does not describe the steps that a manager must take to stop a person from illegally smoking; however, those who are responsible for operating enterprises where smoking is prohibited, yet fail to implement the law's prohibitions by taking necessary measures may receive a written warning or fine between 1,000 TL and 5,000 TL. Administrative fines shall be increased for the first and second repeat offenses taking place within the same year. In the case of a third subsequent offense within the same year, the business premises is to be closed for ten days to one month.

The law could be improved by specifying what reasonable steps a business owner must take to prevent smoking in her establishment, including steps to require a person to stop smoking.

The Law on Misdemeanors imposes a 50 TL fine on those who illegally smoke in enclosed public buildings, public transportation, or private buildings where "no smoking" signs are posted. Administrative fines shall be increased for the first and second repeat offenses taking place within the same year.