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Term --FCTC-Based Definition Colombia
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 “work place” contained in Law No. 1335 aligns with the definition provided in the FCTC Art. 8 Guidelines. The definition in the law is more expansive than the FCTC definition in that it specifies that it includes a residence that is a place of work for someone.

Not Applicable
Not Applicable
Public Transport View Definition

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

Defined
Yes
Analysis

The definition of “public transport” contained in Law No. 1335 aligns with the definition provided in the FCTC Art. 8 Guidelines.

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

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

Defined
Yes
Analysis

The definition of “second-hand smoke” contained in Law No. 1335 aligns 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 definition of “smoke” contained in Law No. 1335 aligns 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 places” contained in Law No. 1335 aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that public places may be permanent or temporary.

Not Applicable
Not Applicable
Tobacco Product View Definition

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

Not Defined
No
Analysis

The lack of definition for this key term could render enforcement of the law difficult. The law should provide a definition of “tobacco product” in accordance with the definition contained 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 “enclosed area” contained in Law No. 1335 is narrower than the definition of “enclosed” contained in the FCTC Art. 8 Guidelines because the law’s definition requires a “roof and walls,” whereas the FCTC definition requires a “roof or one or more walls.” To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Colombia
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 all workplaces. Although the law goes on to list types of places that are smoke free, the list is exemplary and does not limit the ban on smoking in workplaces. In addition, because the definition of “workplace” includes a residence used as a work place for some one, the ban extends to residences with domestic or other types of workers.

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

The law prohibits smoking in all public places. Although the law goes on to list types of places that are smoke free, the list is exemplary and does not limit the ban on smoking in public places.

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

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

The law prohibits smoking in all workplaces and public places, which encompasses all government facilities.

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

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

The law prohibits smoking in all workplaces. Although the law goes on to list types of places that are smoke free, the list is exemplary and does not limit the ban on smoking in workplaces. Specifically included are "public and private entities aimed at any type of industrial, commercial or service activity." This is interpreted as including all indoor private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in health entities. Therefore, smoking is prohibited in hospitals.

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

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

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in health entities. 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 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in health entities. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

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

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “institutions of formal and informal education of all levels,” “public and private entities aimed at any type of . . . service activity,” and “establishments serving minors.” These provisions encompass childcare facilities and preschools.

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

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

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “institutions of formal and informal education of all levels.” Therefore, smoking is prohibited in primary and secondary schools.

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

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

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “institutions of formal and informal education of all levels.” Therefore smoking is prohibited in all parts of universities and vocational facilities, including dormitories. Further, the definition of “workplace” includes a place that is a “residence for some people and a work place for others.” Thus, smoking is prohibited in the entire premises of 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “stores” and “public and private entities aimed at any type of . . . commercial or service activity.” Therefore, smoking is prohibited in all shops and stores.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops and 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “museums and libraries” and “cultural spaces.”

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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in stadiums and sports facilities.

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

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

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in bars, pubs, dance halls and “public and private entities aimed at any type . . . commercial or service activity.” 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 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in 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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in hotels. Therefore, smoking is prohibited in the public areas of hotels and other lodging.

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

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 generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in hotels. The definition of “workplace” includes a place that is a “residence for some people and a work place for others.” Therefore, the law is interpreted as banning smoking in guestrooms of hotels as well as other areas of hotels. However, in practice, it is still possible to book a smoking room in hotels. Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking in guest rooms of hotels and other lodging is prohibited.

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 generally prohibits smoking in all workplaces and public places. Prisons and detention facilities are workplaces for some people, and therefore the law is interpreted as banning 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 and detention facilities.

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

The law prohibits smoking on all public transportation. Therefore, smoking is prohibited on trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation.

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

The law prohibits smoking on all public transportation, the definition of which includes 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

Law No. 1335 prohibits smoking on all public transportation. This is interpreted as encompassing 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

Law No. 1335 prohibits smoking on all public transportation. This is interpreted as encompassing commercial watercraft.

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

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

The law generally prohibits smoking in workplaces and public places, and specifically prohibits smoking in “public and private entities aimed at any type of . . . commercial or service activity, including its customer service areas and waiting rooms.” These provisions are interpreted as prohibiting smoking in public transportation facilities.

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

Not Applicable
Not Applicable
Colombia
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
Colombia
Post signs
Yes
Yes
Analysis

The law requires proprietors, employers and administrators to post no-smoking signs. Violations of this provision are subject to any of the following penalties: 1) warning; 2) successive fines from one (1) prevailing monthly legal minimum salary up to a sum equivalent to one hundred (100) prevailing monthly legal minimum salaries; and 3) temporary or permanent suspension of the health license. These penalties are imposed by the respective Mayor of the locale where the violation occurred.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law imposes a general duty to ensure compliance on proprietors, employers, and administrators. However, the law does not specifically impose a duty to remove ashtrays. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty 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

The law requires proprietors, employers and administrators to “adopt reasonable, specific measures to dissuade people from smoking in the place, such as asking the person not to smoke, interrupting services, asking him to leave the premises or contacting the competent authority.”

Violations of this provision are subject to any of the following penalties: 1) warning; 2) successive fines from one (1) prevailing monthly legal minimum salary up to a sum equivalent to one hundred (100) prevailing monthly legal minimum salaries; and 3) temporary or permanent suspension of the health license. These penalties are imposed by the respective Mayor of the locale where the violation occurred.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties.

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

A person who smokes in a no-smoking area is subject to “a verbal warning and a pedagogical penalty that will require attendance at a day of training on the harmful effects of cigarettes.” To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should also impose monetary penalties for those that smoke in places where prohibited.

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