Last updated: July 28, 2023
Duties / Penalties
The law imposes a duty to post signs in smoke free areas. Violations are punishable by a fine of between $100,000.00 (one hundred thousand escudos) and $800,000.00 (eight hundred thousand escudos). If the person/entity who committed the violation is a repeat offender, the fine will be increased by a third or half of the minimum amount based on whether there have been one or more than one prior offenses. Depending on the severity of the violation and on whether the person/entity is a repeat offender, in addition to imposing a fine, the enforcing authority can also have their license suspended or revoked.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to post signs in no smoking areas, and imposes increased penalties for repeat violations.
The law does not impose a duty to remove ashtrays from smoke free places.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose appropriate penalties for violations.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires business managers to “inform the smoker(s) that they must refrain from smoking and, in case they do not comply . . . [to] ask the offender to leave the premises.” However, the law does not specify a penalty for business managers that fail to comply with this duty.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose appropriate penalties for a violation of the duty to take steps to require a person to stop smoking.
Not to smoke where prohibited
The law imposes a duty upon individuals not to smoke in a smoke free area. Violations are punishable by a fine from $3,000.00 (three thousand escudos) and $5,000.00 (five thousand escudos).
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines as it imposes a penalty for smoking in a smoke free place.