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Term --FCTC-Based Definition Solomon Islands
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 law contains a definition of "work place" that aligns with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

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

Defined
Yes
Analysis

The definition of "means of public transport" provided in the regulations aligns with the definition of "public transport" contained in the FCTC Art. 8 Guidelines.

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

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

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that "no person shall smoking in" specified places, rather than, for example, "no person shall be exposed to second hand smoke" in specified places.

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" aligns with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

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

Defined
Yes
Analysis

The regulations contain a definition of "public place", which aligns with the definition included in the FCTC Art. 8 Guidelines.

The definition could further align with the FCTC Art. 8 Guidelines if it specifically referenced ownership of the place in question.

Not Applicable
Not Applicable
Tobacco Product View Definition

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

Defined
Yes
Analysis

The definition of "tobacco product" aligns with the definition provided 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 contains a definition of "enclosed" which includes reference to all points included in FCTC Art. 8 and the FCTC Art. 8 Guidelines. The definition therefore aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Solomon Islands
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

Article 19(1) of the Tobacco Control Act 2010 outlines that an employer or a person-in-charge of any workplace is responsible for ensuring that no person smokes in any indoor part of the workplace. The law goes on to allow employers to create a smoking area on the site of a workplace (Art. 19(2)) that must be located outside, where work is not undertaken, and in a location that prevents smoke from drifting back inside the workplace (Arts. 19(3)(a) and (b) respectively). However, notwithstanding the above provisions, Art. 19(4) of the law allows owners or occupiers to create designated smoking spaces within indoor workplaces.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

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 specifies locations in which smoking is prohibited, including indoor workplaces, schools, hospitals, and public transport. The law does not provide a prohibition on smoking in public places generally.

The law includes areas such as restaurants, bars, cafeterias, lobbies, stairwells, etc., in the definition of “workplace.” As a result, many “indoor public places” will be covered by the restrictions on smoking in workplaces. However, as the law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces (Art. 19(4)), spaces that fall under the definition of “workplace” may not be entirely smoke-free. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places.

Not Applicable
Not Applicable
All public transport
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 prohibits smoking "in public transport”, and outlines that all public transport, whether by “air, land or water” is to be operated “smoke-free”. However, Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on the ship, provided it is located outside. The law does not include any exceptions for transport by land or air. Because the law allows smoking in designated areas on ships, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all forms of public transportation.

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

The law does not specifically address smoking in government facilities. The law prohibits smoking in indoor workplaces, which presumably covers many government facilities, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all government facilities to be 100% smoke free.

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

Article 19(1) of the Tobacco Control Act 2010 prohibits smoking in indoor workplaces, the definition of which specifically includes a “private office.” However, the law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces. As smoking areas are technically permitted in private offices, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all private offices to be 100% smoke free.

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 hospitals and health clinics. The ban on smoking applies to all indoor and outdoor areas, without exception.

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 health clinics. Although there is no definition of “health clinics” in the law, it is interpreted to include both residential and non-residential healthcare facilities. The ban on smoking applies to all indoor and outdoor areas, without exception.

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 health clinics. Although there is no definition of “health clinics” in the law, it is interpreted to include both residential and non-residential healthcare facilities. The ban on smoking applies to all indoor and outdoor areas, without exception.

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
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

Article 20(1) of the Tobacco Control Act 2010 prohibits smoking on any school grounds - indoor or outdoor - and whether the structures are permanent or temporary, without exception. However, Art. 2 of the Tobacco Control Regulations 2013 defines “school” as “a primary or secondary education institution.” It appears that childcare facilities and preschools fall outside this definition.

Nevertheless, smoking in these facilities is subject to the restrictions placed on smoking in indoor workplaces. The law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces (Art. 19(4)). As a result, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Article 20(1) of the Tobacco Control Act 2010 prohibits smoking on any school grounds - indoor or outdoor - and whether the structures are permanent or temporary, without exception. Article 2 of the Tobacco Control Regulations 2013 specifically defines “school” as “a primary or secondary education institution.”

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

Not Applicable
Not Applicable
Universities/vocational facilities
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

Article 20(1) of the Tobacco Control Act 2010 prohibits smoking on any school grounds - indoor or outdoor - and whether the structures are permanent or temporary, without exception. However, Art. 2 of the Tobacco Control Regulations 2013 defines “school” as “a primary or secondary education institution.” It appears that universities and vocational facilities fall outside this definition.

Nevertheless, smoking in these facilities is subject to the restrictions placed on smoking in indoor workplaces. The law allows owners/occupiers the freedom to create designated smoking spaces within indoor workplaces (Art. 19(4)). As a result, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of universities and vocational facilities.

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 does not specifically address smoking in shops/retail common areas. The law prohibits smoking in indoor workplaces, which would cover shops, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all shops and related common areas to be 100% smoke free.

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 does not specifically address smoking in cultural facilities. The law prohibits smoking in indoor workplaces, which presumably covers many cultural facilities, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 9 and the FCTC Art. 8 Guidelines, the law should require all cultural facilities to be 100% smoke free.

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 does not specifically address smoking in indoor stadiums/arenas. The law prohibits smoking in indoor workplaces, which presumably covers many indoor stadiums/arenas, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all indoor stadiums/arenas to be 100% smoke free.

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

Article 19(1) of the Tobacco Control Act 2010 prohibits smoking in indoor workplaces, but permits owners/occupiers the freedom to create designated smoking spaces. The definition of “workplaces” specifically includes restaurants. As smoking areas are permitted in restaurants, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all restaurants to be 100% smoke free.

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

Article 19(1) of the Tobacco Control Act 2010 prohibits smoking in indoor workplaces, but permits owners/occupiers the freedom to create designated smoking spaces. The definition of “workplaces” specifically includes bars. As smoking areas are permitted in bars, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all bars, pubs, and nightclubs to be 100% smoke free.

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 does not specifically address smoking in casinos. The law prohibits smoking in indoor workplaces, which presumably covers casinos, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all casinos to be 100% smoke free.

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 does not specifically address smoking in hotels and lodging. The law prohibits smoking in indoor workplaces, which presumably covers hotels and lodging, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public areas of hotels and lodging to be 100% smoke free.

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

The law does not specifically address smoking in hotels. The law prohibits smoking in indoor workplaces, which presumably covers most public areas of hotels, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. However, the law does not mention what rules, if any, apply to guest rooms in hotels. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly require guest rooms in hotels and other lodging to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention 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 does not specifically address smoking in public areas of prisons/detention facilities. The law prohibits smoking in indoor workplaces, which presumably covers public areas of prisons and detention facilities, but permits owners/occupiers to create designated smoking spaces within indoor workplaces. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public areas of prisons and detention facilities to be 100% smoke free.

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

The law prohibits smoking in public transport, whether by “land, air or water.” Although Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, there are no similar exemptions for ground transportation. As a result, public transport by land is designated smoke-free.

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

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

The law prohibits smoking in public transport, whether by “land, air or water.” Although Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, there are no similar exemptions for ground transportation. As a result, public transport by land, including taxis, is designated smoke-free.

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 in public transport, whether by “land, air or water.” Although Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, there are no similar exemptions for air transportation. As a result, commercial aircraft are smoke-free.

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

Not Applicable
Not Applicable
Commercial watercraft
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 prohibits smoking in public transport, whether by “land, air or water.” However, Art. 22(2) allows the owner of a ship or vessel to designate a smoking area on that ship or vessel, as long as it is located in an outside area. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all commercial watercraft to be 100% smoke free.

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

The law prohibits smoking in any “enclosed waiting area or waiting room used for passengers.” This is interpreted as prohibiting smoking in all public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities. For greater clarity, the law should specify that the ban on smoking extends to the whole of the public transport facility.

Not Applicable
Not Applicable
Solomon Islands
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
Solomon Islands
Post signs
Yes
Yes
Analysis

Article 23(1) of the TCA 2010 requires business owners, occupiers or employers to post signs in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines. Signs must be posted at each entrance to and other prominent places within smoke-free areas, as well as within every workplace, work vehicle, and public service vehicle. Signs must include the internationally recognized “no smoking” symbol and be in Solomon Islands Pidgin or English. The law does not specify that signs must include phone numbers or other contact information so that violations can be reported.

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires penalties for both individuals and companies, and that subsequent offenses earn increased penalties. However, to more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that contact information must be included on signs in order for individuals to report violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

Article 21(1)(b) of the Tobacco Control Regulations 2013 outlines that any person responsible for any smoke-free area must ensure that “no ashtrays are provided, supplied or available” in any enclosed area not designated as a smoking area. In addition, a person responsible for any place other than a smoke-free area must ensure that “ashtrays are not provided or made available for use in smoke-free areas of the place.”

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires penalties for “any person” responsible for a smoke-free or other area that permits ashtrays in the smoke-free areas.

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

Employers or “persons-in-charge” of workplaces; principals or “persons-in-charge” of schools; “persons-in-charge” of hospitals or health clinics; and operators or employees of public transport all have a legal duty to ensure that no person smokes inside designated smoke-free zones within these areas. The Tobacco Control Regulations 2013 specify that a person responsible for a smoke-free area “shall take reasonable steps to ensure that a person who smokes … is requested to stop smoking; or is requested to leave or is refused service if the person continues to smoke.” In addition, the person responsible may request the assistance of a police officer.

Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that the law imposes a legal duty to take steps to require a person to stop smoking and imposes penalties for violations of that duty.

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

The law requires individuals to comply with the law on the prohibition of smoking in particular areas.

Anyone who smokes in contravention of TCA 2010 Articles 19(1) through 19(5), namely, in designated smoke-free zones in workplaces, schools, hospitals or public transport, commits and offense and is subject to fines or a prison sentence.

Individuals convicted for a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to penalties for those who smoke in contravention of the regulations.

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