LANGUAGE

Quickly view a country’s tobacco control law status or compare it to the status of several countries at once.

Select a Policy
Choose Countries to Compare
Term --FCTC-Based Definition Mexico
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

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

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)

Not Defined
No
Analysis

In the absence of a definition, the term may be interpreted in a way that limits the scope of the smoking ban. To ensure proper application of FCTC Art. 8 requirements, the term should be defined in accordance with the Guidelines’ definitional elements.

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)

Defined
Yes
Analysis

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

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

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

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)

Not Defined
No
Analysis

Although the term is not defined by its name, it is clear that public access is an element of the term. The term may be interpreted more narrowly than as contemplated by the FCTC Art. 8 Guidelines, which also include in the definition of “public places” the elements of availability for collective use and accessibility regardless of ownership or right to access.

To ensure proper application of FCTC Art. 8 requirements, the term should be defined in accordance with the Guidelines’ definitional elements.

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

This definition is comprehensive and incorporates the FCTC Art. 1(f) definition of the term.

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 is more limiting than the FCTC Art. 8 Guidelines definition of “indoor or enclosed” with respect to public places by requiring at least a roof or two walls (rather than just one wall) and, in the case of workplaces, by requiring at least a roof and two walls (rather than a roof or one wall).

To ensure proper application of FCTC Art. 8 requirements, the term should be defined in accordance with the Art. 8 Guidelines’ definitional elements.

Not Applicable
Not Applicable
Mexico
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally provides that places with public access (public places) and interior public or private work areas (workplaces) may provide isolated indoor areas exclusively for smoking. The only indoor public places and workplaces that are required to be 100% smoke free are primary and secondary schools and public areas of hotels/lodging.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally provides that places with public access (public places) and interior public or private work areas (workplaces) may provide isolated indoor areas exclusively for smoking. The only indoor public places and workplaces that are required to be 100% smoke free are primary and secondary schools and public areas of hotels/lodging.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

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 does not define “public transport” or impose an express ban on smoking in public transport vehicles. However, it does refer to a ban on smoking in public land transportation vehicles. This is interpreted as implying a ban in trains, buses, taxis, and other shared ground transportation. Commercial aircraft and commercial watercraft are interpreted as smoke free under Art. 51 of the Regulation on the General Law on Tobacco Control.

As we interpret public transport to be 100% smoke free, the law and regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law can be improved by defining “public transport” or other term(s) used in the law in accordance with the Guidelines and explicitly banning smoking in all means of public transport.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

As a general rule, the law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. While it does not provide for an express ban in government facilities, the regulations require upper ranking federal public servants to require any person found smoking to stop doing so in the office or facility assigned to his service and to immediately put out the lit tobacco product and move outdoors if s/he continues smoking, among other actions. While this implies a ban in federal government facilities, it is not clear that the ban would apply to government facilities at the sub-national level. Accordingly, the regulatory status code of "Smoking is Restricted" 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 to be 100% smoke free, including all government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally provides that interior public or private work areas may provide isolated indoor areas exclusively for smoking.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open areas only. Therefore, as a matter of law, hospitals (unless they are owned or operated by the federal government) may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open air spaces only. Therefore, as a matter of law, residential healthcare facilities (RHCFs) may set up isolated indoor smoking areas in public areas of RHCFs, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open air spaces. Therefore, as a matter of law, non-residential healthcare facilities may set up isolated indoor smoking areas in public areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation. and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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 gives schools of basic education and high schools as examples of places that must be smoke free. This is interpreted as including childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the Guidelines with respect to prohibiting smoking in 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 gives schools of basic education and high schools as examples of places that must be smoke free.

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

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law specifically provides that universities and institutions of higher education are among the places with public access or interior public or private work areas where isolated indoor areas exclusively for smoking may be established, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open areas only. Therefore, stores/shops may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, cultural facilities may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, indoor stadiums/arenas may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

As a matter of fact, however, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, restaurants may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, bars, nightclubs, and pubs may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, casinos may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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 provide that in places intended for lodging, smoking is strictly prohibited except in guest rooms meeting certain specifications. The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotel rooms.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The regulations specifically authorize designation of up to twenty-five percent of the total rooms in the business establishment as rooms designed for smoking under the conditions specified for isolation and ventilation.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the legislation should completely ban smoking in all parts of indoor public places, workplaces, and all means of public transport.

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

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. While it does not provide for an express ban in prisons, the regulations require upper ranking federal public servants to require any person found smoking to stop doing so in the office or facility assigned to his service and to immediately put out the lit tobacco product and move outdoors if s/he continues smoking, among other actions. These regulations imply that federal prisons are required to be smoke free. It is not clear, however, if the ban would apply to prisons operated by the government in sub-national jurisdictions.

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

Although it does not expressly impose an outright ban to smoking on trains, buses, and other shared ground transportation, the regulations refer to a ban on smoking in public land transportation vehicles. This is interpreted as implying a ban in trains, buses, and other shared ground transportation.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of public transport.

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

Although it does not expressly impose an outright ban on smoking in taxis, the regulations refer to a ban on smoking in public land transportation vehicles. This is interpreted as implying a ban in these vehicles. Public land transportation vehicle is not defined in the law, but is interpreted to include taxis.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of public transport.

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

Although the law and regulations do not expressly ban smoking on commercial aircraft, RGLTC Art. 51, which provides among its goals to protect the general public against exposure to tobacco smoke in any public transportation vehicle, is interpreted as applying the regulations to commercial aircraft.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of public transport.

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

Although neither the law nor regulations address watercraft under their smoke free provisions, Art. 51 of RGLTC is interpreted as applying the regulations to commercial watercraft.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of public transport.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open areas only. Therefore, public transport facilities may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and its Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Not Applicable
Not Applicable
Mexico
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
Mexico
Post signs
Yes
Yes
Analysis

Available administrative sanctions include: warning; fine; temporary or final, full or partial closure of the establishment; and detention for up to thirty-six hours. Fines imposed may be up to 100 times the minimum general daily salary prevailing in the particular economic area for non-compliance with the provisions contained in GLTC Art. 26 (signage), doubling for repeat violations.

Size and text of signs are not specified. Article 44 requires the Secretariat to establish a complaint/inquiry/violations reporting line.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. (However, see below on the duty to place ashtrays outside points of access to 100% smoke free areas.) To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the persons responsible for the public place, workplace, and public transport should be required 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

Fine from 1,000 up to 4,000 times the minimum general daily salary prevailing in the particular economic area for non-compliance with Art. 27 (setting up smoking areas) and Art. 28 (enforcement of smoke free areas by the person responsible for the 100% tobacco smoke free area), doubling for repeat violations. In addition, other available administrative sanctions include: warning; fine; temporary or definitive, and partial or total closure of the establishment; and detention for up to thirty-six hours.

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

Available administrative sanctions include: warning; fine; and detention for up to thirty-six hours. The fine may be up to 100 times the minimum general daily salary prevailing in the particular economic area for non-compliance with the provisions contained in GLTC Art. 26 (smoking where prohibited), doubling for repeat violations.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Business owners, administrators, and supervisors have a duty to place an ashtray outside the points of access to the 100% smoke free area(s) and post signage inside and outside the area(s). Available administrative sanctions include: warning; fine; temporary or definitive, and partial or total closure of the establishment; and detention for up to thirty-six hours.

Not Applicable
Not Applicable
Mexico
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable