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Term --FCTC-Based Definition Moldova
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” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of “workplace” included both temporary and permanent areas. The definition of “workplace” is limited to enclosed or semi-enclosed spaces, while FCTC Art. 8 requires protection from exposure to tobacco smoke in all indoor workplaces.

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” is comprehensive and 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)

Defined
Yes
Analysis

The definition of “tobacco smoke” is defined in accordance with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.

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 “smoking” is broader than the definition of "smoking" provided in the FCTC Art. 8 Guidelines in that it encompasses the use of heated tobacco products and e-cigarettes ("related products"). 

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 spaces” aligns with the definition provided of “public place” in the FCTC Art. 8 Guidelines. However, the definition may be limiting in that it does not clearly specify that the place 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 products” aligns with the definition provided in FCTC Art. 1.

For better clarity, the definition could make clear that tobacco products are manufactured to be used for smoking, sucking, chewing or snuffing as provided in the definition 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

The law provides for a definition of “enclosed spaces” and “semi-enclosed spaces.” The smoking prohibition applies equally to both types of premises. Together, the definitions of “enclosed spaces” and “semi-enclosed spaces” are not as broad as the definitions within the FCTC Art. 8 Guidelines. To fully align with the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Moldova
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 amended law prohibits smoking in all enclosed and semi-enclosed workplaces.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces. However, the law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces, even those that are semi-open.

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 all enclosed and semi-enclosed public places as well as all public places managed by healthcare facilities, educational institutions, and local public authorities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places. The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

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 all means of public transportation.

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

The law prohibits smoking in all public places managed by central and local public authorities whether open or enclosed. Therefore, smoking is prohibited in 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

The law generally prohibits smoking in any enclosed or semi-enclosed public place or workplace, including private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8, the law should prohibit smoking in all indoor workplaces, even those that are semi-open.

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 all public places managed by healthcare facilities whether open or enclosed. 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 all public places managed by healthcare facilities whether open or enclosed. Therefore, smoking is prohibited in the 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 all public places managed by healthcare facilities whether open or enclosed. 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

The law prohibits smoking in all public places managed by educational institutions whether open or enclosed. Therefore, smoking is prohibited in childcare facilities and preschools.

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

The law prohibits smoking in all public places managed by educational institutions whether open or enclosed. 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

The law prohibits smoking in all public places managed by educational institutions whether open or enclosed. 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

The law prohibits smoking in all enclosed and semi-enclosed public places. This is interpreted to include shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

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 prohibits smoking in all enclosed and semi-enclosed public places. This is interpreted to include cultural facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

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 indoor stadiums that are open during public entertainment events or other events. The law also prohibits smoking in all enclosed and semi-enclosed public places, which would include indoor stadiums and arenas when no event is taking place.

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 law prohibits smoking in all enclosed and semi-enclosed public places. This is interpreted to include restaurants. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

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 all enclosed and semi-enclosed public places. This is interpreted to include bars, pubs, and nightclubs. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

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 all enclosed and semi-enclosed public places. This is interpreted to include casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

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 all enclosed and semi-enclosed public places. This is interpreted to include public areas of hotels. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

The law allows designated smoking areas in semi-open places, which are defined as any place that is less than 50% enclosed. To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, even those that are semi-open.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 generally prohibits smoking in all enclosed and semi-enclosed workplaces. Because a guest room in a hotel is generally an enclosed or semi-enclosed place, the law is interpreted as banning smoking in guest rooms of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel 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 does not specifically address smoking in prisons. Smoking is prohibited in enclosed and semi-enclosed public places and workplaces. Because prisons are generally enclosed places, and are workplaces for some, the law is interpreted as banning smoking in prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking on all public transportation. 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

The law prohibits smoking on all public transportation, specifically including taxis. 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

The law prohibits smoking on all public transportation. "Public transportation" is defined as any vehicle used for passenger transport, usually for a fee. This includes commercial aircraft. Therefore, smoking is prohibited on 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

The law prohibits smoking on all public transportation. "Public transportation" is defined as any vehicle used for passenger transport, usually for a fee. This includes commercial watercraft. Therefore, smoking is prohibited on 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

The law generally prohibits smoking in any enclosed or semi-enclosed public place or workplace. The law further prohibits smoking under the roof of public transport shelters. 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 public transportation facilities.

Not Applicable
Not Applicable
Moldova
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
Moldova
Post signs
Yes
Yes
Analysis

The law requires employers to post a sign that reads “Absolutely no smoking in this building/institution/[on these] premises.” Signs must be posted in the most visible place at the entrance to the place where smoking is forbidden.

The law also requires owners or managers to display the ISO 7010:2011 no-smoking symbol, accompanied by a warning that smoking in the area is illegal.

A business owner’s failure to post signs subjects them to a fine ranging from 150 to 180 conventional units for a person in charge, 210 to 240 conventional units for a legal entity, and may include revocation of their license for six months to one year.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties for violations of the law. The law could be strengthened by imposing a size requirement for the signs, a phone number to contact in case of violations, and increased penalties for repeat violations.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed on owners, employers, or supervisors to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to remove ashtrays in all indoor public places, workplaces, and public transport.

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

Owners or managers of public places have a duty to warn persons who smoke in no smoking areas about the smoking ban, and in the case of non-compliance, to alert the police. The law imposes a duty against granting permission to smoke in enclosed or semi-enclosed public spaces.

Allowing smoking will be sanctioned with a fine ranging from 210 to 270 conventional units when applied to a person in charge, 270 to 300 when applied to a legal entity, and may include revocation of their license for six months to one year.

In the case of public transport, sanctions for allowing smoking range from 78 to 90 conventional units for natural persons, 90 to 120 conventional units for persons in charge, and 270 to 300 convention units for legal entities, and may include revocation of their license for six months to one year.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to duty to take steps to require a person to stop smoking.

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

Smokers have a legal duty to not smoke in prohibited areas.

Smokers who violate this duty will be sanctioned with a fine from 30 to 42 conventional units.

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