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Term --FCTC-Based Definition Uruguay
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

Having no definition for this key term could hinder enforcement of provisions prohibiting smoking in workplaces.

A definition of “workplace” should be provided in accordance with 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)

Defined
Yes
Analysis

Although not technically a definition, Art. 4 of the Regulations defines the scope of the ban on smoking in public places and workplaces, making it inclusive of the listed public transport.

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

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures provide that “it is prohibited to smoke” in enclosed public places . . . rather than, for example, “no person shall be exposed to second hand smoke in enclosed public 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)

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “to smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “smoking” or “smoke” should be provided in accordance 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

Having no definition for this key term could hinder enforcement of provisions prohibiting smoking in public places.

A definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines.

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

Although not technically a definition, this provision defines the scope of the regulations as being applicable to the stated types of tobacco products.

This provision 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 “enclosed spaces” aligns with the definition of “enclosed” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Uruguay
All indoor workplaces
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

Smoking is prohibited in all enclosed workplaces.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, providing a definition of “workplace” would help clarify the scope of the ban, which would assist with implementation and enforcement.

Not Applicable
Not Applicable
All indoor public places
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

Smoking is prohibited in all enclosed public places.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, providing a definition of “public place” would help clarify the scope of the ban, which would assist with implementation and enforcement.

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

Under the law, smoking is prohibited in all workplaces, which is defined in the regulations as including public transportation. Therefore, public transport is smoke free.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

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 all enclosed public places and enclosed workplaces, which encompasses government facilities. In addition, Art. 5 of the Regulations (Decree No. 284/008) provides that in public offices, the highest ranking official will be responsible for ensuring compliance with the smoking ban.

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

Smoking is prohibited in all enclosed workplaces.

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, providing a definition of “workplace” would help clarify the scope of the ban, which would assist with implementation and enforcement.

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 all enclosed public places and enclosed workplaces, which encompasses hospitals. Further, the law specifically provides, in Art. 3(C)(i), that smoking is prohibited in both enclosed and open spaces of the premises of health establishments. Therefore, smoking is prohibited inside and on the outside premises of hospitals.

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

Not Applicable
Not Applicable
Residential healthcare 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 all enclosed public places and enclosed workplaces, which encompasses residential healthcare facilities. Further, the law specifically provides, in Art. 3(C)(i), that smoking is prohibited in both enclosed and open spaces of the premises of health establishments. Therefore, smoking is prohibited in both inside and on the outside premises of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare 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

The law prohibits smoking in all enclosed public places and enclosed workplaces, which encompasses non-residential healthcare facilities. Further, the law specifically provides, in Art. 3(C)(i), that smoking is prohibited in both enclosed and open spaces of the premises of health establishments. Therefore, smoking is prohibited in both inside and on the outside premises of 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 all enclosed public places and enclosed workplaces, which encompasses childcare facilities and preschools. Further, the law specifically provides, in Art. 3(C)(ii), that smoking is prohibited in both enclosed and open spaces of the premises of “instructional centers and institutions where the practice of teaching takes place in any of its forms.” Therefore, smoking is prohibited both inside and on the outside premises of 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 all enclosed public places and enclosed workplaces, which encompasses primary and secondary schools. Further, the law specifically provides, in Art. 3(C)(ii), that smoking is prohibited in both enclosed and open spaces of the premises of “instructional centers and institutions where the practice of teaching takes place in any of its forms.” Therefore, smoking is prohibited both inside and on the outside premises of 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 all enclosed public places and enclosed workplaces, which encompasses universities and vocational facilities. Further, the law specifically provides, in Art. 3(C)(ii), that smoking is prohibited in both enclosed and open spaces of the premises of “instructional centers and institutions where the practice of teaching takes place in any of its forms.” Therefore, smoking is prohibited both inside and on the outside premises of 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
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 all enclosed public places and enclosed workplaces; therefore, stores are smoke free.

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

The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, cultural facilities are smoke free.

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 all enclosed public places and enclosed workplaces; therefore indoor stadiums and arenas are smoke free.

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
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 all enclosed public places and enclosed workplaces; therefore, restaurants are smoke free.

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

The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, bars, pubs and nightclubs are smoke free.

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

The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, casinos are smoke free.

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

The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, public areas in hotels are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

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

The law prohibits smoking in all enclosed public places and enclosed workplaces. However, because hotel guest rooms are not addressed specifically, it is uncertain whether hotel guest rooms are covered under Art. 3's ban on smoking in all enclosed public places and enclosed workplaces.

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, including guest rooms in hotels and other lodging, to be 100% smoke free.

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 all enclosed public places and enclosed workplaces; therefore, public areas in prisons and detention facilities are smoke free.

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

Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers.” Therefore, trains, buses, and other shared ground transportation are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other 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

Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers. Therefore, taxis are smoke free.

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

Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers.” Therefore, commercial aircraft are smoke free.

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

Not Applicable
Not Applicable
Commercial watercraft
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

Under the law, smoking is prohibited in all indoor public places and workplaces. Under the regulations in Decree No. 284/008, public places and workplaces include “vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers.”

Commercial watercraft are not specifically mentioned in the regulations but may be encompassed in this provision due to the “etc.” However, because there is no definition of “public transport” in the law or regulations, it is unclear if commercial watercraft are covered by the ban.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the smoking ban should include commercial watercraft, and “public transport” should be defined in accordance with the FCTC Art. 8 Guidelines.

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

The law prohibits smoking in all enclosed public places and enclosed workplaces; therefore, public transport facilities are smoke free.

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

Not Applicable
Not Applicable
Uruguay
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
Uruguay
Post signs
Yes
Yes
Analysis

Article 4 of the law requires business owners or supervisors to post signs stating: “No Smoking. 100% Tobacco Smoke-free Environment.” The size of the sign is not specified.

Penalties for violating this provision include warnings, fines ranging from 10,000 to 100,000 UI (Indexed Units), and temporary closure, depending upon the severity of the offense.

Where it is established that a violation of Art. 4 has occurred, the Ministry of Public Health may close the establishment for up to five consecutive days. In the event of a recurring violation, the Ministry may close the establishment for up to 30 days.

Aggravating circumstances include the accumulation of two or more breaches.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

Article 4 of the law requires business owners and supervisors to remove ashtrays.

Penalties for violating this provision include warnings, fines ranging from 10,000 to 100,000 UI (Indexed Units), and temporary closure, depending upon the severity of the offense.

Where it is established that a violation of Art. 4 has occurred, the Ministry of Public Health may close the establishment for up to five consecutive days. In the event of a recurring violation, the Ministry may close the establishment for up to 30 days.

Aggravating circumstances include the accumulation of two or more breaches.

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

Although the law does not specifically state the steps that the owner must take, Art. 4 of the law requires business owners or supervisors to “take all measures necessary for effective . . . compliance” with the law.

Penalties for violating this provision include warnings, fines ranging from 10,000 to 100,000 UI (Indexed Units), and temporary closure, depending upon the severity of the offense.

Where it is established that a violation of Art. 4 has occurred, the Ministry of Public Health may close the establishment for up to five consecutive days. In the event of a recurring violation, the Ministry may close the establishment for up to 30 days.

Aggravating circumstances include the accumulation of two or more breaches.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

Article 3 imposes a duty not to smoke where prohibited. Penalties for violating this provision include warnings and fines ranging from 10,000 to 100,000 UI (Indexed Units), depending upon the severity of the offense.

Aggravated circumstances are: the accumulation of two or more breaches, and “smoking in places where children, pregnant women or persons come together who have pathologies for which the exposure to tobacco smoke is a high risk.”

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