LANGUAGE
Last updated: September 24th 2021

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine, Business License Suspension or Revocation
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Analysis

The law requires employers to post a sign that reads “Absolutely no smoking in this building/institution/[on these] premises.” Signs must be posted in the most visible place at the entrance to the place where smoking is forbidden.

The law also requires owners or managers to display the ISO 7010:2011 no-smoking symbol, accompanied by a warning that smoking in the area is illegal.

A business owner’s failure to post signs subjects them to a fine ranging from 150 to 180 conventional units for a person in charge, 210 to 240 conventional units for a legal entity, and may include revocation of their license for six months to one year.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties for violations of the law. The law could be strengthened by imposing a size requirement for the signs, a phone number to contact in case of violations, and increased penalties for repeat violations.

Remove ashtrays

No
Analysis

There is no duty imposed on owners, employers, or supervisors to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to remove ashtrays in all indoor public places, workplaces, and public transport.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Business License Suspension or Revocation
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Analysis

Owners or managers of public places have a duty to warn persons who smoke in no smoking areas about the smoking ban, and in the case of non-compliance, to alert the police. The law imposes a duty against granting permission to smoke in enclosed or semi-enclosed public spaces.

Allowing smoking will be sanctioned with a fine ranging from 210 to 270 conventional units when applied to a person in charge, 270 to 300 when applied to a legal entity, and may include revocation of their license for six months to one year.

In the case of public transport, sanctions for allowing smoking range from 78 to 90 conventional units for natural persons, 90 to 120 conventional units for persons in charge, and 270 to 300 convention units for legal entities, and may include revocation of their license for six months to one year.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to duty to take steps to require a person to stop smoking.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Analysis

Smokers have a legal duty to not smoke in prohibited areas.

Smokers who violate this duty will be sanctioned with a fine from 30 to 42 conventional units.