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Term --FCTC-Based Definition Italy
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 law regulating smoking in public places does not contain a definition of “workplace.” The law restricts smoking in “enclosed premises with the exception of private premises which are not open to users or to the public.” This provision is interpreted as restricting smoking in workplaces. The law further requires “businesses and workplaces” to have ventilation systems. Therefore, the lack of definition for the term “workplace” may impede enforcement of the restrictions on smoking in workplaces. 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 law does not contain a definition of “public transport.” The law prohibits smoking in “enclosed premises with the exception of private premises which are not open to users or to the public.” This provision is interpreted to include all public transport as an “enclosed premises.” However, the lack of definition for both “public transport” and “enclosed” could lead to impairment of 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 law 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 enclosed 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 law does not contain a definition of “smoking” or “smoke.” However, the law prohibits “smoking” in enclosed places. The lack of definition for this key term could impede enforcement of the restrictions on smoking in enclosed places. 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 law regulating smoking in public places does not contain a definition of “public place.” The law restricts smoking in “enclosed premises with the exception of private premises which are not open to users or to the public.” This provision has the effect of regulating smoking in public places. However, because the law does not use the term “public place”, a definition of “public place” is not strictly necessary.
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 law does not contain a definition of “tobacco product.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1.
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 law regulating smoking in public places does not contain a definition of “indoor” or “enclosed.” However, the law that regulates smoking in public places (Art. 51 of Law No. 3 of January 16, 2003) prohibits smoking in “enclosed places.” Therefore, failure to define “enclosed” could impair enforcement of the law. 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
Italy
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, including workplaces. However, the law allows designated smoking rooms in “businesses and workplaces” if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. The law does not align 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 prohibit smoking in all parts of all indoor workplaces.

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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, including public places. However, the law allows designated smoking rooms in “businesses and workplaces” if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. The law does not align 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 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

Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which is interpreted to include all public transport.

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

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

Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes government facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Private offices
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes private offices. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Hospitals
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes hospitals. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public areas of residential healthcare facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Non-residential healthcare 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes non-residential healthcare facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Childcare facilities/preschools
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes childcare facilities and preschools. Law No. 128 of November 8, 2013 extends this smoking ban to include smoking of electronic cigarettes. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Primary and secondary schools
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes primary and secondary schools. Law No. 128 of November 8, 2013 extends this smoking ban to include smoking of electronic cigarettes. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes universities and vocational facilities. Law No. 128 of November 8, 2013 extends this smoking ban to include smoking of electronic cigarettes. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Shops
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes shops. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Cultural 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes cultural facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Indoor stadium/arenas
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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes indoor stadiums and arenas. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes restaurants. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. For “catering establishments” such as restaurants, if designated smoking rooms are established, at least half the area of the restaurant must be designated as a non-smoking area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes bars, pubs and nightclubs. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. For “catering establishments” such as bars, pubs and nightclubs, if designated smoking rooms are established, at least half the area of the establishment must be designated as a non-smoking area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes casinos. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. If the casino is also a “catering establishment”, if designated smoking rooms are established, at least half the area of the establishment must be designated as a non-smoking area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public areas of hotels and lodging. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes hotels. However, law allows designated smoking rooms if the designated smoking room complies with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. Hotel guest rooms may be designated as smoking rooms if they comply with these standards.

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

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

Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public areas of prisons and detention facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including 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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, trains, 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.

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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, taxis are smoke free.

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

Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. 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.

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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, enclosed commercial watercraft are smoke free.

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

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 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public transport facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.

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

Not Applicable
Not Applicable
Italy
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
Italy
Post signs
Yes
Yes
Analysis

The Prime Ministerial Decree of December 23, 2003, implementing Art. 51(2) of Law No. 3 of January 16, 2003 requires “No smoking” signs in no-smoking areas. Signs must include the penalty for smoking in no-smoking areas and the enforcement agency. Law No. 584 of November 11, 1975 imposes a fine upon a business owner or manager that fails to post signs of 220 to 2,200 Euros. (Note: Law No. 584 of November 11, 1975 states that fines are 200 to 2000 Euro. Law No. 311 of December 30, 2004 increased the penalty by 10%.)

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of fines for failure to post signs. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law could consider imposing other penalties, such as license suspension or cancellation, for more severe violations or repeat violations.

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 and impose penalties for failure to do so.

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 stop a person from smoking in a no-smoking area.

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 stop a person from smoking and impose penalties for failure to do so.

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

Law No. 3 of January 16, 2003 imposes a duty upon smokers not to smoke where prohibited. Law No. 584 of November 11, 1975 imposes a fine of 27.50 to 275 Euro for violations. (Note: Law No. 584 of November 11, 1975 states that fines are 25 to 250 Euro. Law No. 311 of December 30, 2004 increased the penalty by 10%.) These fines are increased by 50% if violations occur in the presence of a pregnant or breastfeeding woman or children under the age of twelve.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon smokers not to smoke in no-smoking areas.

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