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Term --FCTC-Based Definition Guyana
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

The definition of “workplace” aligns with the definition provided in the FCTC Art. 8 Guidelines. 

To more fully align with FCTC Art. 8, the definition should include the language “permanent or temporary” to describe workspaces.

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 "public transport" contained in the law aligns with the definition 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 of this term is not strictly necessary for interpretation of the law because the law prohibits "smoking” in specified places" rather than prohibiting "exposure 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)

Defined
Yes
Analysis

The definition of “smoke” contained in the law aligns with the definition of “smoking” 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

The definition of "public place" contained in the Tobacco Control Act aligns with the definition of "public place" provided by the FCTC Art. 8 Guidelines.

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" aligns with the definition of "tobacco product" provided in FCTC Art. 1.

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

The law contains a definition of "indoor" that aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Guyana
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

The law prohibits smoking in any indoor workplaces.

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

The law prohibits smoking in any part of any indoor public places.

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

The law prohibits smoking in or on any means of public transport, whether or not it is carrying a member of the public.

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

The law prohibits smoking in all indoor public places and workplaces. The terms "public place" and "workplace" are broadly defined. Therefore, the law prohibits smoking in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

The law prohibits smoking in any part of any indoor workplace. The term "workplace" is broadly defined. Therefore, the law prohibits smoking in private offices.

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

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

The law prohibits smoking in healthcare institutions and facilities. Therefore, smoking is prohibited in 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

The law prohibits smoking in healthcare institutions and facilities. Therefore, the law prohibits smoking in public areas of residential healthcare facilities.

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

The law prohibits smoking in healthcare institutions and facilities. Therefore, the law prohibits 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

The law prohibits smoking in childcare facilities and all levels of educational institutions.  

The law therefore 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

The law prohibits smoking in educational institutions of all levels. Therefore, smoking is prohibited in primary and secondary schools.

The law therefore 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

The law prohibits smoking in educational institutions of all levels. Therefore, smoking is prohibited at universities and vocational facilities.

The law therefore 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

The law prohibits smoking in retail establishments, including stalls, stores, shops and shopping malls.

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

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

The law explicitly prohibits smoking in entertainment facilities including concert halls, theatres, games arcades, pool, and bingo halls. The law also prohibits smoking in indoor public places and indoor workplaces. The terms "public place" and "workplace" are broadly defined. Therefore, smoking is prohibited in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

The law prohibits smoking in entertainment facilities and “any other indoor premises accessible to the public.” The law also prohibits smoking in indoor public places and indoor workplaces. The terms "public place" and "workplace" are broadly defined.  Therefore, smoking is prohibited in indoor stadiums/arenas.

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

The law prohibits smoking in restaurants, bars, pubs, cafes, and other eating or drinking establishments.

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

The law prohibits smoking in restaurants, bars, pubs, cafes, and other eating or drinking establishments.

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

The law prohibits smoking in gaming machine venues and casinos.

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

The law prohibits smoking in hotels and other places of lodging. While the law does not specifically address public areas of hotels, the law prohibits smoking in all indoor public places and workplaces. The terms "public place" and "workplace" are broadly defined to include public areas of hotels and lodgings.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hotels and 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

The law prohibits smoking in hotels and other places of lodging. While the law does not specifically address hotel guest rooms, the law prohibits smoking in all indoor public places and workplaces. The terms "public place" and "workplace" are broadly defined to include public areas of hotels and lodgings. Accordingly, the regulatory status code of “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention 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

The law prohibits smoking in all indoor public places and workplaces. The terms "public place" and "workplace" are broadly defined. Therefore, the law is interpreted as prohibiting smoking in public areas of prisons and detention centers.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of prisons.

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

The law prohibits smoking in public transportation. Therefore, the law prohibits smoking in trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in or on 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

The law prohibits smoking in public transportation. Therefore, the law prohibits smoking in taxis.

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

The law prohibits smoking in public transportation. Therefore, the law prohibits smoking on commercial aircraft.

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

The law prohibits smoking in public transportation. Therefore, the law prohibits smoking on commercial watercraft.

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

The law prohibits smoking in any waiting area in a public place, indoor public places and indoor workplaces. The terms "public place" and "workplace" are broadly defined. Therefore, the law is interpreted as prohibiting smoking in public transport facilities.

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

Not Applicable
Not Applicable
Guyana
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
Guyana
Post signs
Yes
Yes
Analysis

The law requires any person responsible for any vehicle, workplace or public place to post signs where smoking is prohibited. A business that violates the law is subject to a fine of two hundred thousand dollars and imprisonment for three months.

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 law should provide for increasing fines for repeated violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law requires any person responsible for any vehicle, workplace or public place where smoking is prohibited to remove ashtrays. A business that violates the law is  subject to a fine of two hundred thousand dollars and imprisonment for three months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to remove ashtrays. To more fully align, the law should provide for increasing fines for repeated violations.

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

The law requires any person responsible for any vehicle, workplace or public place where smoking is prohibited to not permit any person to smoke there.

The law places a duty on a person responsible for any vehicle, workplace or public place where smoking is prohibited to investigate any complaints and take reasonable action.

A business that violates the law is subject to a fine of two hundred thousand dollars and imprisonment for three months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not permit any person to smoke there. To more fully align, the law should provide for increasing fines for repeated violations.

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

The law places a duty on persons not to smoke in places where smoking is prohibited. Any person who smokes in any place where smoking is prohibited is liable on summary conviction to a fine of ten thousand dollars for the first offence, and twenty thousand dollars for any second or subsequent offence.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers.

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