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Term --FCTC-Based Definition Jamaica
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” in the regulations is narrower than the definition contained in the FCTC Art. 8 Guidelines because it may not apply to areas used by volunteers and may not cover temporary structures. The definition would be more in line with the FCTC-based definition if it specified that workplaces may be permanent or temporary and include places where work is done on a voluntary basis.

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 conveyance” in the regulations aligns with the definition of “public transport” contain 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

Although this term is not defined, a definition is not strictly necessary because the term is not used. The regulations smoke free measures provide that "every person who smokes . . . commits an offence" rather than, for example, "no person shall be exposed to second hand smoke" in a work space.

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” in the regulations is broader than the definition contained in the FCTC Art. 8 Guidelines because it includes smoke or other emissions released by electronic means as well as those by an ignited tobacco product.

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 regulations aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition would be more in line with the FCTC-based definition if it specified that public places may be permanent or temporary.

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” in the regulations is more expansive than the definition of “tobacco product” contained in FCTC Art. 1(f) in that it explicitly includes electronic nicotine delivery systems.

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 definition of “enclosed” in the regulations aligns with the definition of “indoor” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Jamaica
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 regulations prohibit smoking in all indoor workplaces without exception. In addition, the ban extends to residences used for commercially-operated childcare because such premises are specifically included in the definition of “workplace.” The smoking ban also extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking in all indoor public places without exception. The smoking ban extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking on all public conveyances. The smoking ban extends to cover using or holding an electronic tobacco product.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on 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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes government-occupied buildings. Therefore, smoking is prohibited in all government facilities. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor public places and workplaces without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although private offices are not specifically mentioned, they are covered under the smoking ban as workplaces. Therefore, smoking is prohibited in private offices. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes health facilities. Therefore, smoking is prohibited in hospitals. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes health facilities. Therefore, smoking is prohibited in public areas of residential healthcare facilities. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of 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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes health facilities. Therefore, smoking is prohibited in non-residential healthcare facilities. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes educational institutions and areas specifically for use by children. In addition, the definition of “workplace” specifically includes residences used for commercially-operated childcare activities. Therefore, smoking is prohibited in preschools and childcare facilities. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes educational institutions. Therefore, smoking is prohibited in primary and secondary schools. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes educational institutions. Therefore, smoking is prohibited in universities and vocational facilities. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although shops are not specifically listed, they are covered under the smoking ban as public places and workplaces. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although cultural facilities are not specifically listed, they are covered under the smoking ban as public places and workplaces. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes sports, athletic, and other similar facilities for use by the public. Therefore, smoking is prohibited in indoor stadiums and arenas. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although restaurants are not specifically listed, they are covered under the smoking ban as public places and workplaces. Restaurants are specifically included in the definition of “public place.” The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although bars, pubs, and nightclubs are not specifically listed, they are covered under the smoking ban as public places and workplaces. Bars and clubs are specifically included in the definition of “public place.” The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although casinos are not specifically listed, they are covered under the smoking ban as public places and workplaces. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

The regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and although public areas of hotels are not specifically listed, they are covered under the smoking ban as public places and workplaces. “Tourist establishments,” which include hotels, are specifically included in the definition of “public place.” The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of 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 regulations prohibit smoking in all indoor workplaces and public places without exception. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

Although hotel guest rooms are workplaces for some, it is uncertain whether they are intended to be covered by the law. In addition, the amended Second Schedule’s language around “balconies of tourist establishments” suggests that some hotel guest rooms may be designated as smoking or non-smoking, although the law is not clear on this point. Accordingly, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, specifically including guest rooms in hotels and other lodging, to be 100% smoke free.

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 regulations prohibit smoking in all indoor workplaces and public places without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes government-occupied buildings, which would include prisons and detention facilities. Therefore, smoking is prohibited in public areas of prisons and detention facilities. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

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 regulations prohibit smoking on all public conveyances without exception. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking 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 regulations prohibit smoking on all public conveyances without exception. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking on all public conveyances. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking on all public conveyances. The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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 regulations prohibit smoking in all indoor public places and workplaces without exception. The Second Schedule includes a non-exhaustive list of places where smoking is prohibited, and specifically includes “bus stops, and departure and arrival waiting areas at a port or station for any form of transportation.” The ban on smoking in these places extends to cover using or holding an electronic tobacco product.

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

Not Applicable
Not Applicable
Jamaica
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
Jamaica
Post signs
Yes
Yes
Analysis

The regulations require that the managers, owners, or lessees of smoke free premises is required to post a “No Smoking” sign as set out in the Third Schedule at each entrance and in one additional prominent location. In tourist establishments (e.g., hotels), signs must be displayed at the reception area, the entrances to all other main buildings, and all dining areas. Each sign must be at least 216 mm by 279 mm and should be placed at eye level. On public transport, managers must post at least one sign in each compartment. Each sign must be at least 76 mm by 229 mm.

Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In the case of a corporate entity, a fine of up to $1,000,000 may be imposed.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon business owners/managers to post “No Smoking” signs and providing a range of penalties which increase with repeat offenses.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon business owners/employers/supervisors to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

The law does not impose a duty upon business owners/employers/supervisors to take reasonable steps to require a person to stop smoking.

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

The regulations provide that any person who “smokes or holds a lit or electronic tobacco product in or within a five metre radius of the entrance, exit, window or ventilation intake of a public place, workplace or public conveyance . . . commits an offence.”

Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In addition, an authorized officer may remove an offending person from the premises or public conveyance.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on individual smokers and providing a range of penalties which increase with repeat offenses.

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