Last updated: February 3, 2020
Are sub-national jurisdictions permitted to have smoke-free laws?
If yes, are they allowed to be more stringent than national law?
If yes, do one or more sub-national jurisdictions have smoke-free laws more stringent than national law?
A brief comment on the extent of sub-national legislation:
Health jurisdiction is concurrent between the federal and provincial governments in Argentina. The current national tobacco control law, Law No. 26687, with its corresponding provisions in the Health and Workplace Safety Law, Law No. 19587, established a national standard. Provinces and municipalities can enact smoke free legislation as long as it is more protective of health than the national law.
This issue is likely to be addressed by the Argentinean Supreme Court in the pending case "Provincia de Santa Fe c/ Nobleza Piccardo" where Nobleza Piccardo, a BAT affiliate tobacco company, is challenging the Santa Fe provincial tobacco control law arguing that provinces are not allowed to regulate on this matter above the national regulation. (It is important to note that this lawsuit was submitted years before the new national tobacco control law was approved.)