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Term --FCTC-Based Definition Poland
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)

Not Defined
No
Analysis

The Protection of Health Act does not contain a definition of “workplace.”

The law prohibits smoking in “workplace rooms.” Therefore, the failure to define “workplace” may impede implementation and enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” 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

The Protection of Health Act does not contain a definition of “public transport.” The law prohibits smoking in public transport. Therefore, the failure to define “public transport” may impede implementation and enforcement of the law.

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)

Not Defined
No
Analysis

The Protection of Health Act does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts “smoking” in certain places, rather than prohibiting “exposure to second hand smoke.”

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 Protection of Health Act does not contain a definition of “smoking”.

The law states that “it is prohibited to smoke” in certain places. Therefore, the failure to define “smoke” or “smoking” may impede implementation and enforcement of the law.

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)

Not Defined
No
Analysis

The Protection of Health Act does not contain a definition of “public place.” The law prohibits or restricts smoking in a list of enumerated places, rather than in “public places,” and therefore a definition of “public place” is not strictly necessary for interpretation of the law. However, the failure to define “public place,” and the failure to prohibit smoking in all indoor public places, may impede compliance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public place” in accordance with the definition provided in 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))

Defined
Yes
Analysis

Article 2 of the Protection of Health Act provides definitions for “tobacco products” (which applies to smoked tobacco products) and “smokeless tobacco products.” Together, these definitions align with and are broader than the definition of “tobacco product” contained in the FCTC in that they do not require tobacco leaf as a component. Specifically, the definition of “tobacco products” in the Act includes products that contain tobacco “or its constituents.” Thus, the Act’s definition includes products such as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco).

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 Protection of Health Act does not contain a definition of “indoor” or “enclosed.” The law prohibits or restricts smoking “on the premises” or ‘in rooms” of enumerated places, and therefore a definition of “indoor” or “enclosed” is not strictly necessary for interpretation of the law. However, the failure to define “indoor” or “enclosed,” and the failure to prohibit smoking in all indoor or enclosed places, may impede compliance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

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
Poland
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act lists places in which smoking is prohibited. However, Art. 5a exempts some of these places from a complete smoking ban, allowing designed smoking rooms in many of these places. The Act permits smoking rooms in “workplace rooms” and in other indoor places that are workplaces for some people, including dining and entertainment establishments, hotels, facilities serving travelers, social services institutions and nursing homes, and higher education institutions. For dining and entertainment establishments with at least two rooms designated for consumption, the owner/manager may designate an enclosed consumption room, equipped with ventilation that ensures that tobacco smoke does not permeate into other rooms, as a smoking room. Some types of indoor workplaces are smoke free, including non-residential healthcare facilities, education facilities (primary and secondary), cultural and recreational facilities, and sports facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces. To clarify the scope of the ban and aid in implementation and enforcement, the law should contain a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Article 5 of the Protection of Health Act lists places in which smoking is prohibited. However, Art. 5a exempts some of these places from a complete smoking ban, allowing designed smoking rooms in many of these places. The Act permits smoking rooms in many indoor public places including dining and entertainment establishments, hotels, facilities serving travelers, social services institutions and nursing homes, and higher education institutions. For dining and entertainment establishments with at least two rooms designated for consumption, the owner/manager may designate an enclosed consumption room, equipped with ventilation that ensures that tobacco smoke does not permeate into other rooms, as a smoking room. Some types of indoor public places are smoke free, including non-residential healthcare facilities, education facilities (primary and secondary), cultural and recreational facilities, and sports facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all 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 Protection of Health Act prohibits smoking in means of “passenger public transportation,” including shared ground transportation, taxis, and aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport. However, to clarify the scope of the ban and to aid in implementation and enforcement, 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
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 Protection of Health Act does not specifically address smoking in all “government facilities.” However, the Act mandates the Minister of National Defense, the Minister responsible for internal affairs, and the Minister of Justice to issue regulations regulating the use of tobacco products in facilities operated by those ministries. The regulations permit smoking rooms in government facilities operated under those ministries.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it permits designated smoking rooms in some government facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including government facilities.

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of healthcare establishments, and other, where healthcare services are provided.” Hospitals are not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, hospitals are smoke free.

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

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of healthcare establishments, and other, where healthcare services are provided.” However, Art. 5a(3) specifically permits a designated smoking area in “assisted living and nursing homes.” Because designated smoking rooms are permitted in public areas of certain residential healthcare facilities, 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 parts of all indoor public places and workplaces, including 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of healthcare establishments, and other, where healthcare services are provided.” Non-residential healthcare facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, non-residential healthcare facilities are smoke free.

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the education system organizational units, which are described in the education system regulations, and on the social assistance program units described in social assistance regulations.” Childcare and day care are included in social assistance programs and preschools are included in educational system facilities. Social assistance (day care) and educational system facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, childcare facilities and preschools are smoke free.

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

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the education system organizational units, which are described in the education system regulations.” Educational system facilities included primary and secondary schools. Educational system facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, educational system facilities, including primary and secondary schools, are smoke free.

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

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “higher education institution premises.” However, Art. 5a specifically permits a designated smoking area on “higher education institution premises.”

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “other premises designated for public use.” This phrase is interpreted as including shops, shopping centers, and malls. “Other premises designated for public use” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, shops are smoke free.

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of public cultural and recreational establishments.” Cultural facilities are not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, cultural facilities are smoke free.

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including in “public recreational establishments,” “[o]n the premises of sports establishments,” and “[o]n other premises designated for public use.” The law is interpreted as covering “indoor stadiums and arenas” under these three categories. None of these three categories is included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, indoor stadiums and arenas are smoke free.

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

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the food and entertainment establishments.” However, Art. 5a specifically permits a designated smoking area on “the premises of the food and entertainment establishments.” Article 5a further states that “An owner or administrator of a food and entertainment establishment, with at least two rooms intended for food consumption, can exclude from the ban described in Article 5 a closed room with proper ventilation system, which will ensure that tobacco smoke would not penetrate other rooms.”

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

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including on “the premises of the food and entertainment establishments,” which includes bars, pubs, and nightclubs. However, Art. 5a specifically permits a designated smoking area on “the premises of the food and entertainment establishments.” Article 5a further states that “An owner or administrator of a food and entertainment establishment, with at least two rooms intended for food consumption, can exclude from the ban described in Article 5 a closed room with proper ventilation system, which will ensure that tobacco smoke would not penetrate other rooms.” Therefore, smoking is restricted in bars, pubs, and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “on the premises of the food and entertainment establishments,” which includes casinos. However, Art. 5a specifically permits a designated smoking area “on the premises of the food and entertainment establishments.” Article 5a further states that “An owner or administrator of a food and entertainment establishment, with at least two rooms intended for food consumption, can exclude from the ban described in Article 5 a closed room with proper ventilation system, which will ensure that tobacco smoke would not penetrate other rooms.” Therefore, smoking is restricted in casinos.

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

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places and “on other premises designated for public use.” This is interpreted as including hotels and other lodging. However, Art. 5a specifically permits a designated smoking area in hotels. Therefore, the law is interpreted as allowing designated smoking rooms in public areas of hotels.

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

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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places and “on other premises designated for public use.” This is interpreted as including hotels and other lodging. However, Art. 5a specifically permits a designated smoking area in hotels. Article 5a further states that, “the owner or manager may exempt individual rooms in facilities serving residential purposes from the ban.” This is interpreted as permitting smoking in designated guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including guest rooms of hotels.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking in prisons is regulated under the Ministry of Justice regulations and smoking in detention facilities is regulated under the Ministry of Internal Affairs regulations. Both regulations permit smoking in prison and detention cells. In addition, both regulations permit smoking in times and places as designated by the head of the facility. Thus, heads of facilities may permit smoking in public areas of prisons and detention facilities. 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 parts of all 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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, trans, buses, and other shared ground transportation are smoke free.

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. However, to clarify the scope of the ban and to aid in implementation and enforcement, 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
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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, taxis are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis. However, to clarify the scope of the ban and to aid in implementation and enforcement, 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
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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, commercial aircraft are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft. However, to clarify the scope of the ban and to aid in implementation and enforcement, 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
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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation.” “Means of passenger public transportation” is not included in the list of places where designated smoking rooms are allowed (Art. 5a). Therefore, commercial watercraft are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft. However, to clarify the scope of the ban and to aid in implementation and enforcement, 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
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

Article 5 of the Protection of Health Act prohibits smoking in certain enumerated places, including “means of passenger public transportation and establishments servicing travelers.” However, Art. 5a specifically permits a designated smoking area in “establishments serving travelers.” “Establishments serving travelers” is not defined in the law; however, this term is interpreted to include public transport facilities, such as train stations, bus terminals, and airports. Therefore, smoking is restricted in these facilities.

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

Not Applicable
Not Applicable
Poland
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
Poland
Post signs
Yes
Yes
Analysis

Section 1(a) of Art. 5 of the Protection of Health Act requires the owner or manager of a transport facility or means of transport to post “in visible places proper verbal and graphic markings informing about the smoking ban.” The law does not specify the content of the signs to be posted. The law does not require, however, the owner or manager of other public places or workplaces to post signs in places where smoking is prohibited.

Article 13(1) imposes a fine of up to 2000 PLN on owners/managers of public transport or public transport facilities who fail to post signs in places where smoking is prohibited.

The law partially aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on all owners, managers, employers, and supervisors of public places and workplaces to post signs in places where smoking is prohibited. The law should specify the size, shape, and content of the sign. In addition, the law should provide for a range of penalties, as well as 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 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)
No
No
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.

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

Article 13(1) of the Protection of Health Act imposes a fine of up to 500 PLN on a person who smokes in places where smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a penalty on any person who smokes in a place where smoking is prohibited.

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