Last updated: September 11, 2023
Duties / Penalties
Post signs
Article 4 of Resolution No 30 of 2011 requires proprietors and administrators of places where smoking is prohibited to post signs “equal to or greater than 80cms (wide) x 50cms (long) containing the following text: This is a 100% Smoke-Free Environment by Resolution of the Ministry of Popular Power for Health.” Article 6 states that a violation of this provision is subject to “the sanctions indicated in the legal ordinances in force.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses.
Remove ashtrays
The law does not impose a duty upon business owners, employers or supervisors to remove ashtrays.
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to remove ashtrays.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Article 5 of Resolution No. 30 of 2011 requires proprietors, employers and administrators of places where smoking is prohibited to ensure compliance with the Resolution. However, the resolution does not state which specific steps must be taken. Article 6 states that a violation of this provision is subject to “the sanctions indicated in the legal ordinances in force.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses.
Not to smoke where prohibited
Article 3 of Resolution No. 30 of 2011 imposes a duty on smokers not to smoke where prohibited. Article 6 states that a violation of this provision is subject to “the sanctions indicated in the legal ordinances in force.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines for violations of the law with increased penalties for repeat offenses.
