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Term --FCTC-Based Definition Panama
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

This definition does not align with the definition provided in the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it only applies to workplaces where there is exposure to risk. For example, it does not cover office workplaces. Nonetheless, the effect of the ban is complete because offices and other places are covered under the ban in another section of the law.

To ensure enforcement of the smoking prohibition in all indoor workplaces, a definition of “workplace” should be provided in accordance with the definition 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

Although smoking is prohibited in government owned transportation, "public transport" is not defined and this could lead to confusion.

To ensure that the smoking ban is enforced in all public transport, a definition of “public transport” or similar terms should be provided 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)

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke” , this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “second hand smoke” or similar terms 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)

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “smoke” , this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “smoking” or “smoke” should be provided 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)

Not Defined
No
Analysis

The law and Executive Order (E.O.) do not define “public place.” Instead, E.O. Art. 8 provides an extensive, though not exhaustive, list of public places where smoking is prohibited. This approach could lead to enforcement problems if a type of place was unintentionally left the list.

To ensure that the smoking ban is enforced in all indoor public places, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines definition.

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 FCTC definition.

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)

Not Defined
No
Analysis

The terms “indoor” and “enclosed” are not defined in the law or Executive Order (E.O.). However, instead the E.O. defines “natural ventilation,” which encompasses open air spaces. (See definition of “natural ventilation.”)

The law does not provide a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines. However, given the definition of “natural ventilation,” the law accomplishes the same end and effectively prohibits smoking in indoor or enclosed places, i.e., places without natural ventilation.

Not Applicable
Not Applicable
Panama
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 law prohibits smoking in public or private offices, enclosed work environments, and other enclosed public places. Taken together, these provisions form a complete ban in workplaces.

Note that “enclosed work environments” include all work environments that do not have natural ventilation. “Natural ventilation” is defined as a place that is open, unwalled, or has at least three open sides. This definition serves as a substitute for “indoor,” defining those places that are not “indoor” instead of those that are indoor.

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 “enclosed public access places where people congregate” and therefore aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor public places.

The Executive Order (E.O.) provides an extensive, though not exhaustive, list of “enclosed public places” to which the ban applies. The list in the E.O. does not, and was not meant to, limit the complete ban in the law. However, to ensure enforcement of the prohibition in all “enclosed public places,” this term should be defined.

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 “public transportation” and “land, sea, and air transport facilities.” In addition, the Executive Order prohibits smoking in all government-owned vehicles.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it bans smoking in all government vehicles as well as public transport. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided 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

The law prohibits smoking in all “public offices,” which is elaborated in the Executive Order (E.O.) as encompassing all government offices. The E.O. further provides that, if these facilities are owned by the government, smoking is also prohibited in parking lots, lawns and other open space.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 in public or private offices. Note that “enclosed work environments” include all work environments that do not have natural ventilation. “Natural ventilation” is defined as a place that is open, unwalled, or has at least 3 open sides. This definition serves as a substitute for “indoor,” defining those places that are not “indoor” instead of those that are indoor.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 in public and private health institutions, which includes hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 public and private health institutions, which includes residential healthcare facilities and their public areas. This alone is sufficient to ban smoking in all parts of all residential healthcare facilities. In addition, the law also specifically prohibits smoking in “common areas” of public and private buildings of commercial and domestic use.

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

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 public and private health institutions, which includes all non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 “public and private educational institutions” and other “enclosed public access places.” This is interpreted as covering childcare facilities and preschools.

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

Note: The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. Although, the E.O. list does not specifically include childcare facilities (some of which may not qualify as “educational facilities”), the list does not, and lacks the legislative intent to, limit the complete smoking ban in the law. However, to ensure enforcement of the prohibition in all indoor public places and workplaces, these terms should be defined in accordance with the FCTC Art. 8 Guidelines rather than illustrated by a list.

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 “public and private educational institutions,” which includes 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 “public and private educational institutions,” which includes 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 “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “malls and department stores” and “supermarkets, shops, kiosks, grocery stores and others.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shops/stores.

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 “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “shows and other places where cultural . . . activities are carried out.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 in “public and private, open and closed environments designed for sporting activities.” Executive Order Art. 9 provides an extensive, though not exhaustive, list of sporting locales to which the ban applies. The list specifically includes “stadiums.”

The law aligns with and exceeds FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to stadiums and arenas in that it includes outdoor as well as indoor environments.

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 “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “restaurants, cafeterias, centers dispensing food and similar.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 in “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “bars, wineries, canteens and similar,” “dance clubs, lawns, canopies and other dance centers,” and “premises designed for holding such events as concerts, parties and others.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 in “enclosed public access places where people congregate.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 in “enclosed public access places where people congregate.” Executive Order (E.O.) Art. 8 provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “hotels, pensions and temporary places of lodging.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hotels and their public areas.

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 in “enclosed public access places where people congregate.” Executive Order (E.O.) Art. 8 provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “hotels, pensions and temporary places of lodging.” In Panama, this is interpreted to mean all parts of all areas in the hotel, including guest rooms.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hotels and their guest 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 prohibits smoking in enclosed work environments. Prisons fall within the definition of “enclosed work environment” and therefore smoking is prohibited in all parts of prisons.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including trains, buses, and other shared ground transportation. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including taxis. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including commercial aircraft. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including commercial watercraft. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including public transport facilities.

Not Applicable
Not Applicable
Panama
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
Panama
Post signs
Yes
Yes
Analysis

The Executive Order (E.O.) requires business owners, managers, and administrators to post signs stating “SMOKING IS PROHIBITED.” The law specifies the text, size, font, and color of the sign, and placement location (all entrances). The signage provides a Ministry of Health hotline number to report violations. Appendix A of the E.O. provides a recommended template for the sign.

Signs indicating that the use of electronic cigarettes and similar products, whether the products contain nicotine or not, is prohibited are also now required pursuant to Resolution No. 0405 of March 2, 2016.

Fines range from 10 balboas to 100,000 balboas, depending upon the severity of the offense. The law also provides for temporary and permanent closure of establishments. In addition, the law provides for warnings for violations.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to the duty to post signs.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. However, the law requires owners, managers, and administrators to adopt procedures that hinder smoking, which could include the removal of ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

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

The Executive Order requires owners, managers, and administrators of establishments to instruct those who violate the law to stop smoking; to require the offender to leave the premises if the request is refused; and to seek help from the police if necessary.

Fines range from 10 balboas to 100,000 balboas, depending upon the severity of the offense. The law also provides for temporary and permanent closure of establishments. In addition, the law provides for warnings for violations.

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

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

The Executive Order provides for fines ranging from 10 balboas to 100,000 balboas, depending upon the severity of the offense, and provides for warnings.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to imposing a duty upon smokers not to smoke where smoking is prohibited.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

The law requires owners, managers, and administrators to adopt procedures that hinder smoking.

Fines range from 10 balboas to 100,000 balboas, depending upon the severity of the offense. The law also provides for temporary and permanent closure of establishments. In addition, the law provides for warnings for violations.

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