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Term --FCTC-Based Definition Chile
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 law does not contain a definition of “workplace.” Failure to define key terms can impede implementation and enforcement of substantive provisions in the law, and impede efforts to meet obligations under FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide 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 contain a definition of “public transport.” Failure to define key terms can impede implementation and enforcement of substantive provisions in the law. Specifically, the lack of definition of “public transport” could impede enforcement of the provision prohibiting smoking on “public or shared means of transport” (Law 19419, Art. 10(c)). To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public transport” in accordance with the definition provided 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)

Defined
Yes
Analysis
The law does not contain a definition of “second hand smoke.” A definition in the law is not strictly necessary because the law prohibits “smoking” in certain places, rather than prohibiting “exposure to second hand smoke.” However, the Manual for Implementation of the Law on Tobacco Control contains a definition of “environmental tobacco smoke” that aligns with the definition provided in the FCTC Art. 8 Guidelines.
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 law does not contain a definition of “smoking” or “smoke.” However, the Manual for Implementation of the Law on Tobacco Control provides a definition of “smoking.” This definition 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
Law 19419 does not contain a definition of “public place.” However, a substantive provision of Law 19419, Art. 10(a), prohibits smoking in “a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This substantive provision mirrors the definition of “public place” and, therefore, a separate definition of “public place” may not be strictly necessary. The law aligns with the intent of the FCTC Art. 8 Guidelines in this respect.
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 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)

Defined
Yes
Analysis
The definition of “indoor or enclosed space” contained in Law 19419 aligns with the definition provided in the FCTC Art. 8 Guidelines.
Not Applicable
Not Applicable
Chile
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

Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” The phrase “shared commercial use” is interpreted to include workplaces. In addition, the Manual states that the law covers all enclosed places.  If there are any doubts as to whether a place is “enclosed,” the presumption is that it is enclosed and, therefore, smoking is prohibited.

However, there is a limited exception to the ban for hospitals for psychiatric admission that do not have open air spaces or whose patients cannot have access to them may allow designated smoking areas. As these places are workplaces for some people, the regulatory status “Smoking is Restricted” is given.

In addition, the smoke free status of hotel guestrooms is unclear. The law could be interpreted as covering hotel guestrooms under the smoking ban. However, in practice, some hotels offer rooms for smoking guests while others have a 100% smoke free policy.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces.  To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces without exception.

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

Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted to include all indoor public places. In addition, the Manual states that the law covers all enclosed places. If there are any doubts as to whether a place is “enclosed,” the presumption is that it is enclosed and, therefore, smoking is prohibited.

However, there is a limited exception to the ban for hospitals for psychiatric admission that do not have open air spaces or whose patients cannot have access to them may allow designated smoking areas. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places.  To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places without exception.

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

Law 19419 prohibits smoking in “public or shared means of transportation, including elevators.” Although the law does not contain a definition of “public or shared means of transportation,” this provision is interpreted to include all public transportation. Therefore the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport. However, to clarify the scope of the law and aid with implementation, the drafters of the law should consider providing a definition of “public transport” in the law.

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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in government facilities. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in designated areas of courtyards and open air spaces. This list includes “facilities of government agencies,” making clear that smoking is prohibited indoors in government facilities. 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
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in hospitals. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in designated areas of courtyards and open air spaces. This list includes “public and private health institutions,” making clear that smoking is prohibited indoors in hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in residential healthcare facilities in general, including public areas. However, Art. 11 goes on to list places where smoking is prohibited indoors, but that may permit smoking in designated areas of courtyards and open air spaces. This list includes “public and private health institutions, except for hospitals for psychiatric admission that do not have open air spaces or whose patients cannot have access to them.” Thus, in most residential healthcare facilities smoking is prohibited indoors; however, in residential psychiatric hospitals that do not have outdoor areas, or whose patients may not go outdoors, designated smoking areas are permitted indoors. Therefore the regulatory status “Smoking is Restricted” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all types of residential healthcare facilities, including psychiatric facilities.
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in non-residential healthcare facilities. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “public and private health institutions,” making clear that smoking is prohibited indoors in non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in childcare facilities and preschools. In addition, Art. 10(b) lists places where smoking is prohibited in all indoor and outdoor parts of the premises. This list includes “preschools.” Therefore, smoking is prohibited in all childcare facilities and preschools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in primary and secondary schools. In addition, Art. 10(b) lists places where smoking is prohibited in all indoor and outdoor parts of the premises. This list includes “primary and secondary educational institutions.” The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in universities and other higher education facilities, such as vocational facilities. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “public and private institutions of higher education,” making clear that smoking is prohibited indoors in universities and other higher education facilities, such as vocational facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and other higher education facilities, such as vocational facilities.
Not Applicable
Not Applicable
Shops
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in shops. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “supermarkets, shopping centers and other similar establishments with free public access,” making clear that smoking is prohibited indoors in shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in cultural facilities. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “theaters and cinemas,” making clear that smoking is prohibited indoors in these types of cultural facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in indoor stadiums and arenas. In addition, Art. 10(b) lists places where smoking is prohibited in all indoor and outdoor parts of the premises. This list includes “galleries, platforms and other spaces intended for the public in athletic facilities, gymnasiums or stadiums. This prohibition extends to the playing field and to the entire area encompassed within the perimeter consisting of such galleries, platforms and other spaces, except in places where smoking is specially authorized that may be included in such premises.” The last clause of this provision, allowing smoking in specially authorized places, is interpreted as allowing designated smoking areas in outdoor areas, not indoor areas, as the general prohibition against smoking indoors (Art. 10(a)) applies. Therefore, smoking is prohibited in indoor stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.
Not Applicable
Not Applicable
Restaurants
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in restaurants. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “restaurants,” making clear that smoking is prohibited indoors in restaurants. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.
Not Applicable
Not Applicable
Bars/pubs/nightclubs
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in bars, pubs, and nightclubs. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “pubs [and] discotheques,” making clear that smoking is prohibited indoors in bars, pubs, and nightclubs. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.
Not Applicable
Not Applicable
Casinos
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in casinos. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “gaming casinos,” making clear that smoking is prohibited indoors in casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.
Not Applicable
Not Applicable
Hotels/lodging - 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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in public areas of hotels and other lodging. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “centers for the provision of service or facilities open to the general public,” which is interpreted as including hotels, and therefore makes clear that smoking is prohibited indoors in public areas of hotels. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels and other lodging.
Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “centers for the provision of service or facilities open to the general public.” Both of these provisions could be interpreted as covering hotel guestrooms under the smoking ban. However, in practice, some hotels offer rooms for smoking guests while others have a 100% smoke free policy. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all guestrooms in hotels and other lodging, as guestrooms are workplaces for some employees.
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in indoor public areas of prisons. In addition, Art. 11 of Law 19419 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “facilities of government agencies,” which is interpreted to include prisons and detention facilities. Therefore, smoking is prohibited in indoor public areas of prisons and the regulatory status “100% Smoke Free” is given. However, it is unclear whether the prohibition is enforced in practice.
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
Law 19419 prohibits smoking in “public or shared means of transportation.” Although the law does not contain a definition of “public or shared means of transportation,” this is interpreted to include trains, buses, and other shared ground transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation. However, to clarify the scope of the law and aid with implementation, the drafters of the law should consider providing a definition of “public transport” in the law.
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
Law 19419 prohibits smoking in “public or shared means of transportation.” Although the law does not contain a definition of “public or shared means of transportation,” this is interpreted to include taxis. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis. However, to clarify the scope of the law and aid with implementation, the drafters of the law should consider providing a definition of “public transport” in the law.
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
Law 19419 prohibits smoking in “public or shared means of transportation.” Although the law does not contain a definition of “public or shared means of transportation,” this is interpreted to include commercial aircraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft. However, to clarify the scope of the law and aid with implementation, the drafters of the law should consider providing a definition of “public transport” in the law.
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
Law 19419 prohibits smoking in “public or shared means of transportation.” Although the law does not contain a definition of “public or shared means of transportation,” this is interpreted to include commercial watercraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft. However, to clarify the scope of the law and aid with implementation, the drafters of the law should consider providing a definition of “public transport” in the law.
Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
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
Article 10(a) of Law 19419 prohibits smoking in “any enclosed space that is a place accessible to the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This is interpreted as prohibiting smoking in public transport facilities. In addition, Art. 11 lists places where smoking is prohibited indoors, but that may permit smoking in courtyards and open air spaces. This list includes “airports and bus and train stations,” making clear that smoking is prohibited indoors in airports and bus and train stations. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.
Not Applicable
Not Applicable
Chile
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
Chile
Post signs
Yes
Yes
Analysis
Article 14 of Law 19419 imposes a duty upon business owners to post signs stating that smoking is prohibited. Article 16 imposes a fine of two to 20 monthly tax units upon an owner, director, or administrator of an establishment that violates this provision. The law does not specify the content of the required signs. However, the Manual states that signs should be posted even if there are no regulations issued by Ministry of Health regarding signs. The Manual also provides two examples of signs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on business owners, employers, or supervisors to post signs. However, to more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should specify the content of the signs.
Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis
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 require business owners, employers, and supervisors to remove ashtrays.
Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis
The penalties section of Law 19419, Art. 16, imposes a fine of two monthly tax units upon the owner, director, or administrator of an establishment who does not prohibit smoking in smoke free places. The law provides a defense for owners, directors, or administrators “by proving that he tried to get the smoker to comply with the law or depart from the premises, and subsequently issued the respective complaint to the law enforcement authorities.” This provision effectively imposes a duty on business owners to take steps to require a person to stop smoking.

The law imposes the same fine upon a smoker as it does upon a business owner who fails to prohibit smoking in smoke free places. FCTC Art. 8 Guidelines para. 32 states: “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Accordingly, to more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing higher penalties on business owners who fail to enforce smoke free areas than on smokers. In addition, to more fully align with FCTC Art. 8 and the Art. 8 Guidelines, the law should provide for increased penalties for repeat violations and the possibility of administrative sanctions, such as suspension of business licenses, where appropriate.
Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis
The law imposes a fine of two monthly tax units upon a smoker who smokes in a smoke free place.

The law imposes the same fine upon a smoker as it does upon a business owner who fails to prohibit smoking in smoke free places. FCTC Art. 8 Guidelines para. 32 states: “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Accordingly, to more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing higher penalties on business owners who fail to enforce smoke free areas than on smokers.
Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Chile
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable