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Term --FCTC-Based Definition Turks and Caicos
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” aligns with the definition in the FCTC Art. 8 Guidelines. However, the definition should include that a “workplace” can be either permanent or temporary.

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 law’s definition of “public conveyance” aligns with the definition of “public transport” 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)

Not Defined
No
Analysis

The law does not define the term “second hand smoke.” A definition of "second hand smoke" or a similar term should be provided in accordance with the definition 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 law’s definitions of “smoking” and “tobaccosmoke” align with the definition of “smoking” 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 law’s definition of “public place” aligns with the definition in the FCTC Art. 8 Guidelines. However, the definition should include that a “public place” can be either 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 law’s definition of “tobacco product” aligns with 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’s definition of “enclosed” aligns with the definition in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Turks and Caicos
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 prohibits smoking or holding a lit tobacco product in enclosed workplaces, with a few exceptions. The law allows designated smoking areas in tobacco specialty shops and airports.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces, the law should not provide exceptions to the prohibition of smoking in 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 prohibits smoking or holding a lit tobacco product in enclosed public places, with a few exceptions. The law allows designated smoking areas in tobacco specialty shops and airports.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces, the law should not provide exceptions to the prohibition of smoking in indoor public places.

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

The law prohibits smoking or holding a lit tobacco product on public conveyances.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes government buildings.

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 prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes workplace facilities, reception rooms, lobbies, areas where the public have access, and meeting and interview rooms. Therefore, the law prohibits smoking in private offices.

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

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes 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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes hospitals and medical facilities. Therefore, the law prohibits smoking in public areas of residential healthcare facilities.

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

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes hospitals and medical facilities. Therefore, the law prohibits smoking 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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes schools. Therefore, the law prohibits smoking in childcare facilities/preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes schools. Therefore, the law prohibits smoking 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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes schools. Therefore, the law prohibits smoking in universities/vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities/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 prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes shops. However, the law allows designated smoking areas in a tobacco specialty shop. Therefore, the regulatory status code “Smoking is Restricted” is given.

The law could better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines by prohibiting all smoking or holding a lit tobacco product in all shops.

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes cinemas and any other facilities that are accessible to the public. Therefore, the law prohibits smoking in cultural facilities.

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

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes sports complexes such as stadiums, ballparks, and basketball courts. Therefore, the law prohibits smoking in indoor stadiums/arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes restaurants.

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

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes bars and clubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes casinos.

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

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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes hotels, motels, and inns. Therefore, the law prohibits smoking in public areas of hotels/lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes hotels, motels, and inns. Therefore, the law prohibits smoking in guest rooms of hotels/lodging.

 The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to guest rooms of hotels/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

The law prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions that do not include public areas of prisons/detention facilities. Therefore, the law is interpreted as prohibiting smoking in public areas of prisons and detention facilities.

 The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons/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 or holding a lit tobacco product on public conveyances. The list of places where smoking is prohibited specifically includes vehicles used for public transport. Therefore, the law prohibits smoking in 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 or holding a lit tobacco product on public conveyances. The list of places where smoking is prohibited specifically includes vehicles used for public transport. Therefore, the law prohibits smoking 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 or holding a lit tobacco product on public conveyances s. The list of places where smoking is prohibited specifically includes vehicles used for public transport. Therefore, the law prohibits smoking in 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 or holding a lit tobacco product on public conveyances. The list of places where smoking is prohibited specifically includes vehicles used for public transport. Therefore, the law prohibits smoking in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines on commercial watercraft.

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 prohibits smoking or holding a lit tobacco product in enclosed workplaces and public places, with a few exceptions. The list of places where smoking is prohibited specifically includes areas designated for public transport. However, the law allows designated smoking areas in airports. 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 public transport facilities.

Not Applicable
Not Applicable
Turks and Caicos
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
Turks and Caicos
Post signs
Yes
Yes
Analysis

The law requires that managers, owners, and lessees post signs where smoking is prohibited. The sign should read “[a]ny person who fails to comply with this notice shall be prosecuted and may be liable to a fine” and include a no smoking symbol.

The law does not specify that a phone number must be provided to report violations. Any manager, owner or lessee who fails to post such a sign is subject to a fine not exceeding $10,000, a term of imprisonment not exceeding three years, or both. For a second or subsequent offense, the individual is subject to a fine not exceeding $20,000, a term of imprisonment not exceeding four years, or both. Licenses can also be revoked.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty on business owners/employers/supervisors to post signs. The law could better align by providing guidance on means to report violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law imposes a duty on the manager, owner or lessee of a public place, or an employer or a person in control at a workplace, to ensure that no ashtrays are placed within any area where smoking is prohibited. However, the law contains no penalties for  violations of this duty.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty on persons responsible to remove ashtrays. However, to more fully align, the law should impose penalties for violations of this duty.

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

The law imposes penalties on any managers, owners or lessees who authorize or consent to smoking in enclosed public places, enclosed workplaces, public conveyances or other places where the law does not permit smoking.

Any manager, owner or lessee who authorizes or consents to smoking on the premises is subject to a maximum fine of $3000, a term of imprisonment of no more than 18 months, or both. For a second or subsequent offense, the individual is subject to a maximum fine of $5000, a term of imprisonment of no more than two years, or both. Licenses can also be revoked.

 The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties. To more fully align, the law should specify the steps an owner, manager, or person responsible must take to require a person to stop smoking.

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

The law imposes a duty on smokers not to smoke where prohibited. Violators are subject to a maximum fine of $5000, a term of imprisonment of up to two years, or both. For a second or subsequent offense, an individual is subject to a maximum fine of $10,000, a term of imprisonment of up to three years, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines by imposing penalties upon any smoker who smokes in any place where smoking is prohibited.

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