Last updated: November 22, 2022

Duties / Penalties

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

Post signs

Yes
Fine, Business License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law requires persons responsible for public places, workplaces, or public conveyances to prominently post no-smoking signs. The law states that the format, content, design, size, display, location, and all other details of the sign must be as prescribed by the Ministry of Health.

The law provides that where a manager, owner, or other person in charge of the place or public conveyance fails to comply, that person is deemed to have committed an offense and shall be held personally liable. The law authorizes fines as prescribed in the regulations for violations, or in lieu of a fine, warnings for first offenses and license suspension, cancellation, revocation, or limitation.

As of the date of this review, no regulations have been issued.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To more fully align, the regulations should specify the size and text of signs and require the signage to provide a phone number or other way to report violations.

Remove ashtrays

Yes
Fine, Business License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law requires persons responsible for public places, workplaces, or public conveyances to remove all ashtrays from all indoor areas of the premises and any outdoor areas where smoking is prohibited.

The law provides that where a manager, owner, or other person in charge of the place or public conveyance fails to comply, that person is deemed to have committed an offense and shall be held personally liable. The law authorizes fines as prescribed in the regulations for violations, or in lieu of a fine, warnings for first offenses and license suspension, cancellation, revocation, or limitation.

As of the date of this review, no regulations have been issued.

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

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

Yes
Fine, Business License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law requires persons responsible for public places, workplaces, or public conveyances to supervise the observance of the smoking ban and to take reasonable steps to discourage and stop any person from smoking where prohibited, including asking the person to refrain from use, discontinuing service, asking the person to leave the premises or public conveyance when it is safe to do so, and/or contacting law enforcement or other appropriate authority as necessary.

The law provides that where a manager, owner, or other person in charge of the place or public conveyance fails to comply, that person is deemed to have committed an offense and shall be held personally liable. The law authorizes fines as prescribed in the regulations for violations, or in lieu of a fine, warnings for first offenses and license suspension, cancellation, revocation, or limitation.

As of the date of this review, no regulations have been issued.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty imposed upon business owners, employers, or supervisors.

Other

Yes
None
Analysis

The law requires persons responsible for public places, workplaces, or public conveyances to investigate any complaints and take any necessary action for compliance. The law authorizes fines as prescribed in the regulations for violations, warnings, and removal from the premises.

As of the date of this review, no regulations have been issued.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law imposes a duty upon individuals not to smoke in areas where smoking is prohibited. The law authorizes fines as prescribed in the regulations for violations, warnings, and removal from the premises.

As of the date of this review, no regulations have been issued.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty imposed upon individuals not to smoke in prohibited areas.