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Term --FCTC-Based Definition Peru
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

Decree No. 001-2011 amends Decree No. 015-2008 and replaces the definition of “work place.” The amended definition of “work place” aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “means of public transportation” in the law aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary because the law provides that “smoking is prohibited” in places, rather than, for example, “no person shall be exposed to second hand smoke.”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

The law does not contain a definition of “smoking” or “smoke.” The lack of definition of this key term could hinder enforcement of the smoking ban. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” or “smoke” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

Article 2 of Law No. 29517 amends Art. 3 of Law No. 28705 and adds a substantive provision that defines “enclosed public places.” The definition in the law aligns with the definition in the FCTC Art. 8 Guidelines in that it encompasses all places of public access. However, the definition would be clearer if it specified that a place of public access is public “regardless or ownership or right of access.”

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” contained in the Decree aligns with the definition of “tobacco product” in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

Decree No. 001-2011 adds a definition of “enclosed public spaces” to Decree No. 015-2008. The definition of “enclosed public spaces” requires a roof and more than one wall for a place to be considered enclosed. In contrast, under the FCTC definition, a place with a roof and only one wall is considered enclosed. Therefore the decree’s definition is narrower than the FCTC definition. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “indoor” or “enclosed” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Peru
All indoor workplaces
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all indoor workplaces.

Not Applicable
Not Applicable
All indoor public places
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor public places. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all indoor public places.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking on public transport. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “public offices,” which is defined as including all national entities. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in public offices. Therefore, smoking is prohibited in all government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in all hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in all areas of residential healthcare facilities, including public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health”. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education” and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education and all indoor workplaces. Therefore, smoking is prohibited in preschools as establishments dedicated to education and childcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education” and indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education and indoor workplaces. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education. Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in shops and stores, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops and stores.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in cultural facilities, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in indoor stadiums and arenas, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in restaurants, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in bars, pubs and nightclubs, as these are enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and work places. Therefore, smoking is prohibited in casinos, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and work places. Therefore, smoking is prohibited in public areas of hotels and other lodging, as these are both enclosed public places and workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Arguably, these provisions could be interpreted as prohibiting smoking in guest rooms of hotels and other lodging. However, in practice, managers designate some guest rooms as smoking and others as non-smoking. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specifically prohibit smoking in all guestrooms of hotels and other lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Law No. 29517, amending Law No. 28705, generally prohibits smoking in enclosed public places and workplaces, and specifically prohibits smoking in “public offices” (defined as all national entities). The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places, workplaces and public agencies. These provisions could be interpreted as prohibiting smoking in public areas of prisons, as prisons are national entities and work places for some, and visiting area of prisons are open to the public. However, prison regulations do not specifically prohibit smoking in prisons. (See http://spij.minjus.gob.pe/CLP/contenidos.dll?f=templates&fn=default-codejecucionpenal.htm&vid=Ciclope:CLPdemo). Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking in prisons and detention facilities is prohibited.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited on trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places. Therefore, smoking is prohibited in public transport facilities, as these are enclosed public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Peru
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Peru
Post signs
Yes
Yes
Analysis

“No smoking” signs must be placed in workplaces, public places and public transport. The sign must state: “SMOKING IS PROHIBITED IN PUBLIC PLACES BECAUSE IT IS HARMFUL TO HEALTH. 100% TOBACCO FREE ENVIRONMENT.”

The fine for failing to post “no smoking” signs is 0.1 UIT for individuals and legal entities with business capital less than or equal to 10 UIT, and 0.5 UIT for legal entities with business capital greater than 10 UIT.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes fines on business owners. To more fully align, the law should include higher fines for repeat offenses and a range of penalties including license suspension or revocation.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

Although the law imposes fines on business owners that allow smoking in smoke free areas, the law does not expressly require business owners to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law does not explicitly state that business owners/employers/supervisors must take steps to require a person to stop smoking. However, the law imposes a fine on business owners for “allowing smoking in prohibited places.” This is interpreted as imposing a duty to take steps to stop a person from smoking. The fine for allowing smoking in prohibited places is 0.5 UIT for individuals and legal entities with business capital less than or equal to 10 UIT, and 1.0 UIT for legal entities with business capital greater than 10 UIT.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes greater fines on business owners than smokers. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should include higher fines for repeat offenses, and a range of penalties including license suspension or revocation.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The regulations impose a fine of 0.1 UIT on persons that smoke in smoke free areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for smokers.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Peru
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable