LANGUAGE
Last updated: September 17th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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.

Law Source, Section
Manual for the Implementation of the Law on Tobacco Control
pg. 20

All indoor public places

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.

Law Source, Section
Manual for the Implementation of the Law on Tobacco Control
pg. 20

All public transport

100% Smoke Free
100% smoke free environment throughout 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.

Government facilities

100% Smoke Free
100% smoke free environment throughout 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.

Private offices

100% Smoke Free
100% smoke free environment throughout 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.

Hospitals

100% Smoke Free
100% smoke free environment throughout 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.

Residential healthcare facilities - public areas

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.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout 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.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout 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.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout 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.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout 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.

Shops

100% Smoke Free
100% smoke free environment throughout 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.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout 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.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Manual for the Implementation of the Law on Tobacco Control
pg. 24

Restaurants

100% Smoke Free
100% smoke free environment throughout 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.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout 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.

Casinos

100% Smoke Free
100% smoke free environment throughout 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.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the 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.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout 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.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout 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.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout 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.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout 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.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout 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.

Elevators

100% Smoke Free
100% smoke free environment throughout 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.”

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