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Term --FCTC-Based Definition Japan
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 does not define “workplace.” However, the Industrial Safety and Health Act defines "worker" "as in Article 9 of the Labor Standards Act (excluding a person who is employed at an undertaking or office at which only relatives who are living together are employed, and a housework employee.)"

The Labor Standards Act defines worker as: "one who is employed at an enterprise or office (here referred to as "enterprise") and receives wages therefrom, without regard to the kind of occupation." Therefore, workplace guidelines on smoking appear to apply to industrial, business and office settings. However, in practice, the Workplace Guidelines on smoking have not been applied to employees that work in public places, such as restaurants, hotels, bars, hospitals, schools, etc. In addition, "employee" clearly does not encompass domestic workers, volunteers, and workers in family-run businesses, and therefore the workplace guidelines do not apply to these situations.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because the workplace guidelines on smoking do not apply to all workplace settings and employees. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "workplace" should be provided 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)

Defined
Yes
Analysis

The Health Promotion Act encourages managers to “try to take whatever steps are necessary to prevent passive smoking exposure” in certain enumerated public places and “other facilities used by numerous people.” HSB Notification 0225 interprets “other facilities” to include “railroad cars, buses, taxis, passenger planes, passenger boats, etc.”

In order to provide protection from exposure to tobacco smoke in all public transportation, the law or its implementing regulations should provide a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines, and should prohibit smoking in all public transport.

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. Instead, the law contains a definition of "passive smoking exposure." This definition does not fully align with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines, as it is unclear whether it applies to all smoke emitted from the burning end of a cigarette.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “second hand smoke” in accordance with the definition contained 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)

Not Defined
No
Analysis

None of the laws or implementing regulations defines "smoking" or "smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "smoking" or "smoke," this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "smoking" or "smoke" should be provided 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 Health Promotion Act and its implementing regulations do not contain a definition of “public place.”

The Health Promotion Act encourages managers of certain enumerated public places to “try to take whatever steps are necessary to prevent passive smoking exposure.” In order to provide protection from exposure to tobacco smoke in all indoor public places, the law or regulations should provide a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines, and should prohibit smoking in all indoor public places.

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

None of the laws or implementing regulations defines "tobacco products." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “tobacco product," this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of "tobacco product" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Neither the Industrial Safety and Health Act, the Health Promotion Act, nor their implementing regulations contains a definition of “indoor” or “enclosed.”

In order to provide protection from exposure to tobacco smoke in all indoor public places and indoor workplaces, the law or regulations should provide a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Japan
All indoor workplaces
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 71 of the Industrial Safety and Health Act mandates employers to “endeavor to create a comfortable working environment.” Ministry of Labour, Health and Welfare Notification No. 59 implements Article 71 and asks employers to take “measures . . . against smoking, such as designating smoking areas within the workplace, etc.” The 2003 Workplace Guidelines specify: “To the extent possible, smoking rooms shall be installed; if difficulties arise in the installation of smoking rooms, a smoking corner shall be established.” The 2003 Workplace Guidelines provide standards for smoking rooms, if established, as follows: 1) smoking rooms be ventilated to the outside, 2) the concentration of airborne dust is 0.15 m/m3 or less, 3) the concentration of carbon monoxide is 10 ppm or less, and 4) the wind speed of air flowing toward the smoking rooms at the boundary between non-smoking areas and smoking rooms is 0.2 m/s or greater.

The Health Promotion Act also addresses many places that are workplaces for some people (including public places, offices and government buildings) and asks managers of these places to “try to take whatever steps are necessary to prevent passive smoking exposure.”

At the national level, the language of the laws are not obligatory in nature and do not require mangers or employers to ban or restrict smoking in workplaces, but rather “to endeavor” or “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many employers and managers of indoor workplaces have taken steps to protect employees from exposure to tobacco smoke. In addition, prefectural and city ordinances may require smoke free or smoking restricted workplaces.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes public transport, lodging and additional enumerated public places. This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring all public places to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

Article 71 of the Industrial Safety and Health Law (Act No. 57 of 1972), which may apply to certain indoor public places that are also workplaces, mandates employers to “endeavor to create a comfortable working environment.” Ministry of Labour, Health and Welfare Notification No. 59 implements Article 71 and calls on employers to take “measures, taken as necessary, against smoking, such as designating smoking areas within the workplace, etc.” The 2003 Workplace Guidelines provide standards for air quality, ventilation and reverse airflow for designated smoking rooms, if established.

At the national level, the language of the laws are not obligatory in nature and do not outright require mangers or employers to ban or restrict smoking in public places, but rather “to endeavor” or “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many managers of indoor public places have taken steps to protect the public from exposure to tobacco smoke.  In addition, prefectural and city ordinances may require smoke free or smoking restricted indoor public places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes “railroad cars, buses, taxis, passenger planes, passenger boats, etc.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring such public places, including public transport, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the law is not obligatory in nature and does not outright require a ban or restrictions on smoking in public transport, but rather “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, nearly all forms of public transport ban or place restrictions on smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking on public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Government facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “government buildings,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “it is desirable that, at the very least, government administration offices and medical institutions be completely smoke-free.” However, it stops short of requiring government buildings to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

In addition, Article 71 of the Industrial Safety and Health Law, which may apply to government buildings as workplaces, mandates employers to “endeavor to create a comfortable working environment.” Ministry of Labour, Health and Welfare Notification No. 59 implements Article 71 and calls on employers to take “measures, taken as necessary, against smoking, such as designating smoking areas within the workplace, etc.” The 2003 Workplace Guidelines provide standards for air quality, ventilation and reverse airflow for designated smoking rooms, if established.

At the national level, the language of the laws are not obligatory in nature and do not outright require a ban or restrictions on smoking in government buildings, but rather “to try to take whatever steps are necessary” and “to endeavor” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many national, prefectural and local governmental buildings ban or restrict indoor smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all government buildings to be 100% smoke free.

Not Applicable
Not Applicable
Private offices
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 71 of the Industrial Safety and Health Act mandates employers to “endeavor to create a comfortable working environment.” Ministry of Labour, Health and Welfare Notification No. 59 implements Article 71 and asks employers to take “measures . . . against smoking, such as designating smoking areas within the workplace, etc.” The 2003 Workplace Guidelines specify: “To the extent possible, smoking rooms shall be installed; if difficulties arise in the installation of smoking rooms, a smoking corner shall be established.” The 2003 Workplace Guidelines provide standards for smoking rooms, if established, as follows: 1) smoking rooms be ventilated to the outside, 2) the concentration of airborne dust is 0.15 m/m3 or less, 3) the concentration of carbon monoxide is 10 ppm or less, and 4) the wind speed of air flowing toward the smoking rooms at the boundary between non-smoking areas and smoking rooms is 0.2 m/s or greater.

The Health Promotion Act also addresses many places that are workplaces for some people, including offices, and asks managers of these places to “try to take whatever steps are necessary to prevent passive smoking exposure.”

At the national level, the language of the laws are not obligatory in nature and do not require mangers or employers to ban or restrict smoking in workplaces, but rather “to endeavor” or “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many employers and managers of indoor workplaces have taken steps to protect employees from exposure to tobacco smoke. In addition, prefectural and city ordinances may require smoke free or smoking restricted workplaces.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “hospitals,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “it is desirable that, at the very least, government administration offices and medical institutions be completely smoke-free.” However, it stops short of requiring hospitals to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the law is not obligatory in nature and does not outright require a ban or restrictions on smoking in hospitals, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many hospitals ban or restrict indoor smoking. In addition, prefectural or city ordinances may ban or restrict smoking in hospitals.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all hospitals to be 100% smoke free.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “hospitals,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “it is desirable that, at the very least, government administration offices and medical institutions be completely smoke-free.” “Medical institutions” is interpreted as covering residential healthcare facilities. However, the notification stops short of requiring medical institutions, including public areas of residential healthcare facilities, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the law is not obligatory in nature and does not outright require a ban or restrictions on smoking in residential healthcare facilities, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many residential healthcare facilities ban or restrict smoking in indoor public areas. In addition, prefectural or city ordinances may ban or restrict smoking in public areas of residential healthcare facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all public areas of residential healthcare facilities to be 100% smoke free.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “hospitals,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “it is desirable that, at the very least, government administration offices and medical institutions be completely smoke-free.” “Medical institutions” is interpreted as covering non-residential healthcare facilities. However, the notification stops short of requiring medical institutions, including non-residential healthcare facilities, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the law is not obligatory in nature and does not outright require a ban or restrictions on smoking in non-residential healthcare facilities, but rather “to try to take whatever steps are necessary” and “to endeavor” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many non-residential healthcare facilities ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in non-residential healthcare facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of non-residential healthcare facilities to be 100% smoke free.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “schools,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “it is especially necessary to consider passive smoking prevention measures in public spaces that may be used by children, even if those spaces are outdoors.” However, the notification stops short of requiring childcare facilities and preschools to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the law is not obligatory in nature and does not outright require a ban or restrictions on smoking in childcare facilities and preschools, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many childcare facilities and preschools ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in childcare facilities and preschools.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of childcare facilities and preschools to be 100% smoke free.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “schools,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “it is especially necessary to consider passive smoking prevention measures in public spaces that may be used by children, even if those spaces are outdoors.” However, the notification stops short of requiring primary and secondary schools to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws do not outright require a ban or restrictions on smoking in primary and secondary schools, but rather “to try to take whatever steps are necessary." Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many primary and secondary schools ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in primary and secondary schools.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of primary and secondary schools to be 100% smoke free.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “schools” and “other facilities used by numerous people,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” This provision is interpreted as applying to universities and vocational facilities. However, the notification stops short of requiring public spaces, including universities and vocational facilities, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws are not obligatory in nature and do not outright require a ban or restrictions on smoking in universities and vocational facilities, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many universities and vocational facilities ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in universities and vocational facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of universities to be 100% smoke free.

Not Applicable
Not Applicable
Shops
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “department stores” and “other facilities used by numerous people,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “other facilities” includes all “shops.” However, the notification stops short of requiring shops to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws are not obligatory in nature and do not outright require a ban or restrictions on smoking in shops, but rather “to try to take whatever steps are necessary." Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many shops ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in shops.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of shops to be 100% smoke free.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “theatres, public assembly halls, gallery spaces” and “other facilities used by numerous people,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “other facilities” includes all “museums” and “entertainment facilities.” Thus, many cultural facilities are covered by the law and notification. However, the notification stops short of requiring cultural facilities to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws is not obligatory in nature and do not outright require a ban or restrictions on smoking in cultural facilities, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many cultural facilities ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in cultural facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of cultural facilities to be 100% smoke free.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “public assembly halls” and “other facilities used by numerous people,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “other facilities” includes all “entertainment facilities” and “outdoor stadiums.” The broad categories in the law and notification are interpreted as including “indoor stadiums and arenas” (especially in light of the inclusion of outdoor stadiums). However, the notification stops short of requiring indoor stadiums and arenas to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws is not obligatory in nature and do not outright require a ban or restrictions on smoking in indoor stadiums and arenas, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many indoor stadiums and arenas ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in indoor stadiums.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of indoor stadiums and arenas to be 100% smoke free.

Not Applicable
Not Applicable
Restaurants
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “restaurants,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “as a general rule public spaces that are used by a large number of people should be entirely non-smoking.” However, the notification stops short of requiring public places, including restaurants, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws is not obligatory in nature and do not outright require a ban or restrictions on smoking in restaurants, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many restaurants ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in restaurants.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of restaurants to be 100% smoke free.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places, including “bars” and ““other facilities used by numerous people,” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “other facilities” includes “entertainment facilities.” The law and notification are interpreted as covering all bars and nightclubs. However, the notification stops short of requiring bars and nightclubs to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws do not outright require a ban or restrictions on smoking in bars and nightclubs, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many bars and nightclubs ban or restrict indoor smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in bars and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of bars and nightclubs to be 100% smoke free.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

Casinos are currently illegal in Japan.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “other facilities” includes “lodging facilities such as hotels and inns.” However, the notification stops short of requiring public areas of lodging facilities to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

At the national level, the language of the laws do not outright require a ban or restrictions on smoking in public areas of hotels and other lodging facilities, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many hotels and other lodging facilities ban or restrict smoking in public areas. In addition, prefectural or city ordinances may prohibit or restrict smoking in public areas of hotels and other lodging.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of hotels and lodging facilities to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification clarifies that “other facilities” includes “lodging facilities such as hotels and inns.” However, the notification stops short of requiring guest rooms in lodging facilities to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking guest rooms or no action at all.

At the national level, the language of the law is not obligatory in nature and does not outright require a ban or restrictions on smoking in guestrooms of hotels and other lodging facilities, but rather “to try to take whatever steps are necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, many hotels and other lodging facilities ban or restrict smoking in guest rooms. In addition, prefectural or city ordinances may prohibit or restrict smoking in guest rooms of hotels and other lodging facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all areas of hotels and lodging facilities to be 100% smoke free.

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

As of April 1, 2013, smoking is prohibited in all areas of all prison and detention facilities throughout Japan by the National Police Agency. This agency policy fulfills Article 25 of the Health Promotion Act, which asks managers of certain enumerated public places, including “government buildings” to “try to take whatever steps are necessary to prevent passive smoking exposure.”

The National Police Agency policy 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
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes “railroad cars, buses, taxis, passenger planes, passenger boats, etc.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring public transport, including trains, buses and other shared ground transportation, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking railcars or areas or no action.

At the national level, the language of the law is not obligatory and does not outright require a ban or restrictions on smoking in trains, buses and other shared ground transportation, but rather “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, nearly all forms of public transport, including trains, buses and other shared ground transportation, ban or place restrictions on smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in shared ground transportation.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all public transport to be 100% smoke free.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes “railroad cars, buses, taxis, passenger planes, passenger boats, etc.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring public transport, including taxis, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action.

At the national level, the language of the law is not obligatory and does not outright require a ban or restrictions on smoking in taxis, but rather “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, the private taxi guild associations throughout Japan obligate their members to prohibit smoking and the vast majority of all taxis in Japan are smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all taxis to be 100% smoke free.

Not Applicable
Not Applicable
Commercial aircraft
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes “railroad cars, buses, taxis, passenger planes, passenger boats, etc.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring all public transport, including planes, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action.

At the national level, the language of the law is not obligatory and does not outright require a ban or restrictions on smoking in public transport, including planes, but rather “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, smoking is prohibited in commercial aircraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all commercial aircraft to be 100% smoke free.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes “railroad cars, buses, taxis, passenger planes, passenger boats, etc.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring all public transport, including passenger boats, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action.

At the national level, the language of the law does not outright require a ban or restrictions on smoking in public transport, including passenger boats, but rather “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, nearly all forms of public transport, including commercial watercraft, ban or restrict smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all commercial watercraft to be 100% smoke free.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 implements Article 25 and notifies prefectural governors that “other facilities” includes “train stations, bus terminals, airport terminals, [and] boat terminals.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring such public places, including public transport facilities, to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action.

At the national level, the language of the laws is not obligatory and does not outright require mangers or employers to ban or restrict smoking in public places, but rather “to try” to take measures “as necessary.” Therefore, the regulatory status “Smoking Not Restricted” is given. This regulatory status is also given because there are no penalties associated with failure to comply with the provisions of the national law.

However, in practice, smoking is banned or restricted in many public transport facilities. In addition, prefectural or city ordinances may prohibit or restrict smoking in public transport facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the national law should require all public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
Japan
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
Japan
Post signs
No
No
Analysis

Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification states that if a smoking area is established, non-smoking areas and smoking areas should be clearly labeled.

Neither the law nor the notification specifies the size or text of the sign or other details.

Because there are no penalties associated with failure to comply with the provisions of the notification, it is not considered a “duty” to post signs. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to take steps to require a person to stop smoking. However, HSB Notification 0025 states that managers should “seek the understanding and cooperation” of patrons and visitors in smoke free areas.

A duty to take steps to require a person to stop smoking in a smoke free area should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Not to smoke where prohibited
No
No
Analysis

The national law does not provide for penalties if a person smokes in a smoke free area. Instead the notification merely states that managers should “seek the understanding and cooperation” of patrons and visitors in smoke free areas. However, prefectural and city ordinances may impose fines for smoking in smoke free areas.

A duty should be imposed upon smokers not to smoke where prohibited in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

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