Last updated: March 4th 2020

Duties / Penalties

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

Post signs

Yes
Fine, Other
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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.

Remove ashtrays

Yes
Fine, Other
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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.

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

Yes
Fine, Other
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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.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
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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.”