Last updated: September 14, 2022

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
Fine, Business License suspension or revocation, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law requires all smoke free places under the law to post graphic and written signs that read “100% tobacco smoke free environment” as per regulations. Failure to display such a sign is considered a minor infraction, penalized by a written warning.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.

Remove ashtrays

No
None
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises and specify appropriate penalties for violations.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
None
Analysis

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

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

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Sanctions depend on the seriousness of the offense and recidivism. Types of penalties include warnings and fines.

Minor infractions are penalized by a written warning. Serious infractions have a pecuniary fine of UFV500. Very serious infractions have a monetary fine of UFV1,0000. Recidivism of serious and very serious infractions increases the fine by 100%.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.