Last updated: September 17, 2019

Duties / Penalties

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

Post signs

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.

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 post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Remove ashtrays

No
None
Analysis

There is no duty imposed 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.

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

No
None
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Analysis

Under the primary tobacco control laws, there is no duty imposed upon owners, employers, or supervisors to take steps to require a person to refrain from smoking. A decree provides that the failure to comply with smoking restrictions will subject a smoker to a warning and, in the event of a repeat offense, removal from the premises by the person in charge.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Other

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

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Analysis

Decree No. 2.018 provides that the failure to comply with smoking restrictions will subject a smoker to a warning and, in the event of a repeat offense, removal from the premises by the person in charge. However, the law should be clear about the application of penalties to smokers.