Chile

Article 14 of Law 19419 imposes a duty upon business owners to post signs stating that smoking is prohibited. Article 16 imposes a fine of two to 20 monthly tax units upon an owner, director, or administrator of an establishment that violates this provision. The law does not specify the content of the required signs. However, the Manual states that signs should be posted even if there are no regulations issued by Ministry of Health regarding signs. The Manual also provides two examples of signs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on business owners, employers, or supervisors to post signs. However, to more fully align, the law or regulations should specify the content of the signs.

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to remove ashtrays.

The penalties section of Law 19419, Art. 16, imposes a fine of two monthly tax units upon the owner, director, or administrator of an establishment who does not prohibit smoking in smoke free places. The law provides a defense for owners, directors, or administrators “by proving that he tried to get the smoker to comply with the law or depart from the premises, and subsequently issued the respective complaint to the law enforcement authorities.” This provision effectively imposes a duty on business owners to take steps to require a person to stop smoking.

The law imposes the same fine upon a smoker as it does upon a business owner who fails to prohibit smoking in smoke free places. FCTC Art. 8 Guidelines para. 32 states: “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Accordingly, to more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing higher penalties on business owners who fail to enforce smoke free areas than on smokers. In addition, the law should provide for increased penalties for repeat violations and the possibility of administrative sanctions, such as suspension of business licenses, where appropriate.

The law, as amended by Law 21413 of February 1, 2022, imposes a duty to install ashtrays or other receptacles for the deposit of cigarette butts and ashes in open air spaces set aside for smoking.

The law imposes a fine of one to four monthly tax units upon a smoker who smokes in a smoke free place.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing higher penalties on business owners who fail to enforce smoke free areas than on smokers.