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Term --FCTC-Based Definition Ecuador
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 lack of definition for this key term could lead to difficulty in interpreting and enforcing the ban on smoking in workplaces. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “workplace” in accordance with the definition 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 lack of definition for this key term could lead to difficulty in interpreting and/or enforcing the ban on smoking in public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public transport” in accordance with the definition 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

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures provide that “it is forbidden to smoke” in enclosed public places, rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places. . . .”

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

Although this term is not defined, a definition is not strictly necessary because the law forbids a person “to smoke or to keep tobacco products lit in” enclosed places and other spaces. By adding the phrase “or to keep tobacco products lit,” the law captures the key concepts of the definition of “smoking” 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 “places of public access” contained in the Regulations aligns with the definition of “public place” contained 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

The definition of “tobacco products” contained in the Regulations aligns with the definition contained in FCTC Art. 1, and goes beyond the FCTC definition in that it also encompasses “electronic nicotine delivery systems.”

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

Both the Organic Law and the Regulations contain a definition of “enclosed space.” The definition aligns with the definition of “enclosed” in the FCTC Art. 8 Guidelines. While the law requires walls to enclose 30% or more of the space, and the definition in the Art. 8 Guidelines requires “one of more walls” (which could be 25% of the space), the concept of the law’s definition aligns with the FCTC Guidelines definition.

Not Applicable
Not Applicable
Ecuador
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 generally prohibits smoking in enclosed workplaces. The law provides one exemption to the smoking ban, allowing smoking in up to 10% of hotel guestrooms provided the rooms are designated as smoking rooms and comply with the Regulations. The Regulations require that “smoking rooms” preferably have balconies, be in blocks, are clearly identified at the doors, and children under 18 may not be allowed in such rooms. Because hotel guestrooms are workplaces for some people, the regulatory status code “Smoking is Restricted” is given, rather than “100% Smoke Free.”

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party. In addition, while the law generally complies with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the scope of the ban could be clarified by defining “workplace.”

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 generally prohibits smoking in enclosed public places. The law provides one exemption to the smoking ban, allowing smoking in up to 10% of hotel guestrooms provided the rooms are designated as smoking rooms and comply with regulations. Although guestrooms are not public places, permitting smoking in some guestrooms will result in exposure to tobacco smoke in other areas of the hotel, including public areas. Therefore, the regulatory status code “Smoking is Restricted” is given rather than “100% Smoke Free.”

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention's entry into force for that Party. In addition, while the law generally complies with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the scope of the ban could be clarified by defining “public place.”

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 public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on 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 public institutions. Therefore smoking is prohibited in 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 generally prohibits smoking in enclosed workplaces, which is interpreted to include all 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 in health facilities; 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 prohibits smoking in all health facilities; 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 prohibits smoking in all health facilities. Therefore smoking is prohibited in all 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

Article 21c of the Organic Law prohibits smoking in all education facilities and therefore smoking is prohibited in preschools. Article 21b of the law prohibits smoking in workplaces, places of public service and public access. This provision is interpreted as prohibiting smoking in childcare facilities, as these facilities are both workplaces and public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. However, the law could be clarified by defining “workplace” and “place of public service.”

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 enclosed spaces of education facilities at any level. 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 prohibits smoking in enclosed spaces of education facilities at any level. Therefore, smoking is prohibited in enclosed areas 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 prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Shops are workplaces, places for public service and places of public access and therefore smoking is prohibited in shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops or 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 public institutions and in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in cultural facilities, as some are public institutions and all are workplaces and places of public access.

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 in indoor places for sports activities and in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in indoor stadiums and arenas, as these are often used for sports activities and are also workplaces and places of public access. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

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

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in restaurants, as these are workplaces for some people, places for public service and places of public access. 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 in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in bars, pubs and nightclubs, as these are workplaces for some people, places for public service and places of public access. 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 in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in casinos, as these are workplaces for some people, places for public service and places of public access. 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 in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in public areas of hotels, as these are workplaces for some people, places for public service and places of public access. The sole exemption to the smoking ban is for designated guest rooms in hotels, further evidencing that smoking is prohibited in public areas of hotels.

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
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 generally prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” The sole exemption to the smoking ban is for designated guest rooms in hotels. Up to 10% of rooms in hotels and lodging may be dedicated exclusively for smokers. The Regulations require that “smoking rooms” preferably have balconies, be in blocks, are clearly identified at the doors, and children under 18 may not be allowed in such rooms. Because some rooms may be dedicated as smoking rooms, the regulatory status “Smoking is Restricted” is given.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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 public institutions and “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in public areas of prisons and detention facilities, as these are public institutions, workplaces for some people and places of public access for some people.

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 in all “means of public transportation for the general public.” Therefore, smoking is prohibited in trains, buses and other shared ground transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained 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

The law prohibits smoking in all “means of public transportation for the general public.” This is interpreted as prohibiting smoking in taxis. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained 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

The law prohibits smoking in all “means of public transportation for the general public.” This is interpreted as prohibiting smoking in commercial aircraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained 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

The law prohibits smoking in all “means of public transportation for the general public.” This is interpreted as prohibiting smoking in commercial watercraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained 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

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in public transport facilities, as these are workplaces for some people, places for public service and places of public access. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Ecuador
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
Ecuador
Post signs
Yes
Yes
Analysis

Article 24 of the Organic Law mandates that all smoke free places must have signs that indicate the place is smoke free and include a phone number for reporting violations. The Regulations further specify, among other things, that “in the case of venues for sporting, artistic and cultural events, as well as bars, dance halls, casinos and the like . . . announce at the users’ entrance, at the beginning of the event and while they are taking place in written and/or oral form over the speaker systems, if such is the case, that it is a 100% tobacco smoke free establishment. . . .”

Any violation of a smoke free provision, including failure to post signs, is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The Regulations require business owners to remove ashtrays. Any violation of a smoke free provision is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

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

Article 22 of the Organic Law imposes a duty upon business owners or managers to attempt to compel compliance with smoke free provisions, including notifying authorities if smokers refuse to stop smoking.

Any violation of a smoke free provision is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

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

A smoker who fails to comply with smoke free provisions is subject to a fine of “twenty-five percent (25%) of the unified basic remunerations of the general private worker.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes higher fines on business owners, who generally have greater resources, than on individuals.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

For events in indoor places, the law requires the broadcast of messages in pre-event advertising, on tickets, and while events are taking place, announcing that it is a 100% tobacco smoke free performance.

Any violation of smoke-free provision is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

Not Applicable
Not Applicable
Ecuador
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable