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Term --FCTC-Based Definition Taiwan
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

The Tobacco Act does not contain a definition of “workplace.” The lack of definition for this key term can hinder implementation of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law does not provide a definition of “public transportation.” The lack of definition for this key term could hinder implementation of substantive provisions of the law. The law should provide a definition of “public transportation” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the Act or Regulations. The law’s smoke free measures provide that “smoking is prohibited in” specified places, rather than, for example, “no person shall be exposed to second hand smoke” in specified places.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The law does not contain a definition of “public place.” Although not strictly necessary to interpret the law (which prohibits or restricts smoking in specified types of places), a definition should be provided in order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require protection from tobacco smoke in all public places.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The law and regulations do not contain a definition of “indoor” or “enclosed.” However, the Smoking Room Regulations define “semi-outdoor” as an establishment with “no walls or its total open areas directly facing outside are more than one-fourth of its total wall areas.” By implication, if a place has more than one-fourth of its total wall space contained with walls, it is indoors. This aligns with the intent of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Taiwan
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in “indoor workplaces jointly used by three or more persons.” Therefore, smoking is allowed in workplaces used only by one or two persons. In addition, the law allows designated smoking rooms in certain public places that are also workplaces for some. For example, smoking rooms are allowed in institutions for the elderly, hotels, shopping malls, restaurants, cigar houses, bars, and businesses open only after 9:00 pm (21:00) and for persons over the age of 18 years.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in certain listed public places, including: schools, universities, cultural institutions, healthcare institutions (except for facilities for the elderly), government buildings or enterprises, public transportation facilities, places where flammables are stored or sold, banks, post offices, telecommunications facilities, places for indoor sports, and places for leisure or entertainment. However, the law allows designated smoking rooms in certain public places including: institutions for the elderly, hotels, shopping malls, restaurants, cigar houses, bars, and businesses open only after 9:00 pm (21:00) and for persons over the age of 18 years.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “public transportation vehicles, taxis, sightseeing buses, rapid transit systems, stations or passenger rooms.” The Aircraft Flight Operations Regulations specify that passengers must be notified when and where smoking is prohibited. In practice, commercial aircraft are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “indoor areas of the government agencies and state-owned enterprises.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in “indoor workplaces jointly used by three or more persons.” Therefore, smoking is allowed in workplaces used only by one or two persons, which is interpreted to include private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in medical institutions and medical care institutions. This is interpreted as prohibiting smoking in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in “medical institutions, nursing homes, other medical care institutions, and other social welfare organizations.” However, the law permits one exception. In welfare institutions for the elderly, smoking rooms are permitted, provided they have a separate air-conditioning or ventilation system. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the institution. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all residential healthcare institutions, including facilities for the elderly.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “medical institutions, nursing homes, other medical care institutions, and other social welfare organizations.” This is interpreted as prohibiting smoking in all non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “schools at all levels up to and including high schools, children and youth welfare institutions and other places the main purposes of which are for educations or activities of children and youth.” Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “schools at all levels up to and including high schools, children and youth welfare institutions and other places the main purposes of which are for educations or activities of children and youth.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “indoor areas of universities and colleges,” and other places of “cultural or social education.” Therefore smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in shopping malls and “other business locations for public consumption.” In these places, the law allows designated smoking rooms equipped with independent air-conditioning systems. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the facility. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of shops, shopping malls and stores.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor areas of “libraries, museums, art galleries, and other places where the culture . . . institutions are located,” “performance halls, auditoriums, exhibition rooms,” and “opera houses, cinemas.” Therefore, smoking is prohibited in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places for indoor sports,” and indoor areas of “other leisure entertainment locations open to the general public.” This is interpreted as prohibiting smoking in all indoor stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in “restaurants or other business locations for public consumption.” In these places, the law allows designated smoking rooms equipped with independent air-conditioning systems. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the facility. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law exempts from the smoking ban “cigar houses, bars and audio-visual businesses which are only open after 9:00 pm [21:00] and exclusively to persons beyond 18 years of age.” Therefore, smoking is allowed in these places without restriction.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

As the date of this review, there are no casinos in Taiwan.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in hotels. In hotels, smoking is permitted in designated smoking rooms equipped with independent air-conditioning systems. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the facility. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hotels, including public areas.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law permits smoking in hotels in designated smoking rooms equipped with independent air-conditioning systems. The Regulations specify that smoking rooms may not be used for any other purpose except for smoking. Therefore, under the regulations, smoking is prohibited in guest rooms, which are used for a purpose other than smoking.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “indoor areas of the government agencies,” which is interpreted as prohibiting smoking in indoor areas of prisons and detention facilities, including public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.” Therefore, smoking is prohibited on shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.” This is interpreted as prohibiting smoking on commercial aircraft. In addition, the Aircraft Flight Operations Regulations specify that passengers must be notified when and where smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.” This is interpreted as prohibiting smoking on commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in public transportation stations and passenger rooms. However, there are smoking rooms in the Taipei International Airport. Therefore, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transportation facilities, including all parts of airports.

Not Applicable
Not Applicable
Taiwan
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Taiwan
Post signs
Yes
Yes
Analysis

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 16 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 with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider other types of penalties, such as license suspension or revocation.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

Article 15 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 with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider other types of penalties, such as license suspension or revocation.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

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 Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

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.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Taiwan
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable