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Term --FCTC-Based Definition El Salvador
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

There is no definition of “place of work” in the legislative decrees, and the regulation’s definition of “work place” does not align with the definition provided in the FCTC Art. 8 Guidelines. 

It does not specify workplaces may be a permanent or temporary area and requires that work be performed “during working hours.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should include 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

Neither the legislative decrees nor the regulation define “public transport." However, the substantive provisions in Legislative Decree No. 771, Art. 6(d) and Regulation Decree No. 63, Arts. 23(a), (c), and (e) prohibit smoking in "public and private means of collective and selective passenger transportation,” “work places includ[ing] motor vehicles,” “land, sea and air transportation vehicles, with point of origin and destination within the national territory," and “any means of passenger transportation.” 

Read together with Legislative Decree No. 334, Art. 1 prohibiting smoking “on public transport,” they may sufficiently set forth the types of transport covered under the law to avoid ambiguity that can result from undefined terms. For clarity, though, the law should include 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)

Defined
Yes
Analysis

The law’s definition of “second hand smoke” 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

While not defined in the legislative decrees, the regulation’s definition of “smoking” 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)

Not Defined
No
Analysis

The law does not define "public place." 

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

The law and regulations contain nearly identical definitions of “tobacco products.” These definitions align with the definition of "tobacco product" 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 regulation’s definition of “enclosed or indoor areas or spaces with public access” does not fully align with the definition of “indoor or enclosed” provided in the FCTC Art. 8 Guidelines.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulation should provide that “indoor or enclosed” includes enclosure by one or more walls rather than having at least two walls.

Not Applicable
Not Applicable
El Salvador
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 or holding a lit tobacco product in all public and private places of work.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in regard 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 or holding a lit tobacco product in all public and private buildings.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in regard to indoor public places.

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

The law prohibits smoking or holding a lit tobacco product in all buses. However, the law only restricts smoking in other forms of transportation where the point of origin and destination are within the country. The law prohibits smoking or holding a lit tobacco product in air, land and maritime terminals.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including trains, buses, and other shared ground transportation

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

The law prohibits smoking or holding a lit tobacco product in government offices and related facilities, including autonomous agencies and non-governmental public service institutions.

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

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

The law prohibits smoking or holding a lit tobacco product in public and private places of work, and specifically in offices of government  ministries and related facilities, autonomous agencies and non- governmental public service institutions

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

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

The law prohibits smoking or keeping a lit tobacco product in any public or private place, including healthcare institutions. The law is interpreted as prohibiting smoking 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 or keeping a lit tobacco product in any public or private place, including healthcare institutions. The law is interpreted as prohibiting smoking in public areas of residential healthcare facilities.

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

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

The law prohibits smoking or keeping a lit tobacco product in any public or private place, including healthcare institutions. The law is interpreted as prohibiting smoking in non-residential healthcare facilities.

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

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

The law prohibits smoking or holding a lit tobacco product in public and private educational institutions at all levels. Therefore, the law prohibits smoking at childcare facilities/preschools.

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

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

The law prohibits smoking or holding a lit tobacco product in public and private educational institutions.

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

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

The law prohibits smoking or holding a lit tobacco product in public and private educational institutions.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities/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 or holding a lit tobacco product in shopping centers.

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

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

The law prohibits smoking or holding a lit tobacco product in cultural venues.

The law could better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

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

The law prohibits smoking or holding a lit tobacco product in athletic facilities.

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

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

The law prohibits smoking or holding a lit tobacco product in restaurants.

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

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

The law prohibits smoking or holding a lit tobacco product in nightclubs, discotheques and bars.

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

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

The law prohibits smoking or holding a lit tobacco product in 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

Although the law does not specifically address smoking in public areas of hotels, the law prohibits smoking in workplaces, and public and private buildings. These provisions are interpreted as prohibiting smoking 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
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

Although the law does not specifically address smoking in guest rooms of hotels, the law prohibits smoking in workplaces, and public and private buildings. These provisions are interpreted as prohibiting smoking in guest rooms of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel 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 or holding a lit tobacco product in government offices and related facilities, including autonomous agencies and non-governmental public service institutions. The law also prohibits smoking in public and private buildings. The law is interpreted as prohibiting smoking in public areas of prisons/detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons/detention facilities.

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

The law prohibits smoking or holding a lit tobacco product in all buses. However, the law only restricts smoking in other forms of transportation where the point of origin and destination are within the country.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
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 only prohibits smoking in taxis where the point of origin and destination are within the country.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking in taxis (for-hire vehicles).

Not Applicable
Not Applicable
Commercial aircraft
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 only prohibits smoking in commercial aircraft where the point of origin and destination are within the country.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
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 only prohibits smoking in commercial watercraft where the point of origin and destination are within the country.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking in 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 prohibits smoking or holding a lit tobacco product in air, land and maritime terminals.

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

Not Applicable
Not Applicable
El Salvador
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
El Salvador
Post signs
Yes
Yes
Analysis

The law requires that business owners, employers, and supervisors post signs where smoking is prohibited, in a clear and visible position. The sign must include the phone number or any other electronic means for reporting non-compliance with the law. The sign must expressly state that "SMOKING IS PROHIBITED IN THIS PLACE."

Violations are classified as "minor," "serious," and "very serious." It is uncertain under what category the law places the failure to post signs where smoking is prohibited. Violations for "minor offenses" are subject to a fine of fifty-seven dollars, in addition to confiscation of the product.  Violations for “serious offenses" are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. Violations for “very serious offenses" are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect on the duty on business owners/employers/supervisors to post signs.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law prohibits ashtrays except in places reserved for smokers.

Violations are classified as "minor," "serious," and "very serious." It is uncertain under what category the law places the failure to remove ashtrays from smoke free places. Violations for "minor offenses" are subject to a fine of fifty-seven dollars, in addition to confiscation of the product. Violations for “serious offenses" are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. Violations for “very serious offenses" are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to removing 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 a business owner, employer, or supervisor to take steps to require a person to stop smoking, including restraining any violators who fail to cease smoking (must “challenge violators to desist from their conduct”).

Violations are classified as "minor," "serious," and "very serious." It is uncertain under what category the law places steps to require a person to stop smoking. Violations for "minor offenses" are subject to a fine of fifty-seven dollars, in addition to confiscation of the product. Violations for “serious offenses" are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. Violations for “very serious offenses" are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

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

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

Smoking where smoking is prohibited is classified as a “serious offense," and violators are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. The law also provides that repeat violations are punishable as “very serious offenses," and are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

Additionally, the law obligates proprietors or managers of the establishments where tobacco consumption is prohibited to restrain anyone who violates the law.

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

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