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Term --FCTC-Based Definition Venezuela
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 “place of work” contained in Resolution 30/2011 aligns with the definition of workplace provided 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)

Not Defined
No
Analysis

The law does not contain a definition of “public transport”. The failure to define this key term could impede enforcement of the provision that prohibits smoking on public transportation. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public transport” in accordance 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” contained in Resolution 30/2011 aligns with the definition of tobacco 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)

Not Defined
No
Analysis

The law does not contain a definition of “smoking” or the verb to “smoke”. The failure to define this key term could impede enforcement of the provision that prohibits smoking in indoor public places, workplaces and public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” or “smoke” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

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

Defined
Yes
Analysis

The definition of “public place” in Resolution 30/2011 aligns with the definition of public place provided by the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

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

Not Defined
No
Analysis

The law does not contain a definition of “tobacco product”. The failure to define this key term could impede enforcement of the provision that prohibits smoking or keeping lit tobacco products in public places, workplaces and public transport. The law should contain a definition of “tobacco product” in accordance 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 definition of “indoor areas” is unclear because it does not specify whether or how many walls are needed for an area to be considered “enclosed”. For example, if an area is confined by a roof, one wall and pillars, it is unclear whether this would be considered an indoor area under the law. However, the FCTC Art. 8 Guidelines definition makes clear that an area is “indoor” or “enclosed” if it covered by a roof or enclosed by one or more walls. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Venezuela
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

Resolution 30 of 2011, Art. 3, prohibits smoking in all indoor areas in workplaces.

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

Not Applicable
Not Applicable
All indoor public places
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in all indoor areas in public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places. However, to aid in enforcement and clarify the scope of the ban, the law should contain a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transportation. However, to aid in enforcement and clarify the scope of the ban, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be, including transportation.” Therefore, smoking is prohibited in private offices.

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

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” 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 smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” 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 smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” 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 smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” 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 smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including 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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in public areas of hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including public areas of hotels and lodging.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Because hotel guestrooms are workplaces for hotel workers, hotel guestrooms should be smoke free under Resolution 30/2011. However, in practice, many hotels designate some rooms as “smoking rooms.” Therefore, the regulatory status “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 and workplaces, including guest rooms of hotels and lodging.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be . . .” Therefore, smoking is prohibited in public areas of prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places and workplaces, including public areas of prisons and detention facilities.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be, including transportation.” Therefore, smoking is prohibited in trains, buses, and other shared ground transportation.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be, including transportation.” Therefore, smoking is prohibited in taxis.

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

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be, including transportation.” Therefore, smoking is prohibited in commercial aircraft.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be, including transportation.” Therefore, smoking is prohibited in commercial watercraft.

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

Resolution 30 of 2011, Art. 3, prohibits smoking in “indoor areas in public places and in work places, whatever their use may be, including transportation.” Therefore, smoking is prohibited in public transport facilities.

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

Not Applicable
Not Applicable
Venezuela
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
Venezuela
Post signs
Yes
Yes
Analysis

Article 4 of Resolution No 30 of 2011 requires proprietors and administrators of places where smoking is prohibited to post signs “equal to or greater than 80cms (wide) x 50cms (long) containing the following text: This is a 100% Smoke-Free Environment by Resolution of the Ministry of Popular Power for Health.” Article 6 states that a violation of this provision is subject to “the sanctions indicated in the legal ordinances in force.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

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

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors 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

Article 5 of Resolution No. 30 of 2011 requires proprietors, employers and administrators of places where smoking is prohibited to ensure compliance with the Resolution. However, the resolution does not state which specific steps must be taken. Article 6 states that a violation of this provision is subject to “the sanctions indicated in the legal ordinances in force.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses, and temporary or permanent closure of the establishment.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties for violations of the law with increased penalties for repeat offenses.

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

Article 3 of Resolution No. 30 of 2011 imposes a duty on smokers not to smoke where prohibited. Article 6 states that a violation of this provision is subject to “the sanctions indicated in the legal ordinances in force.” The Organic Law on Health sets out the range of penalties that may be applied for violation of any regulations adopted by the Ministry of Health. These penalties include: fines between 12 and 1500 tax units, which may be doubled for repeat offenses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines for violations of the law with increased penalties for repeat offenses.

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