Last updated: August 2, 2022
Duties / Penalties
Post signs
(e.g., seizure of the product, publication of the violation/violator)
The Sub-Decree on Smoking requires managers or owners of public places and workplaces to post no-smoking signs. The Ministry of Health issued a prakas (official proclamation) specifying the size, contents, and location requirements of the required signs. Signs must be posted in highly visible places by the entrance, reception, lobby, and restrooms.
However, neither the sub-decree nor the prakas contains penalties for failure to post signs. Therefore, the penalties are uncertain.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should contain penalties for failure to post signs. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.
Remove ashtrays
The law prohibits ashtrays in places where smoking is prohibited. Managers or owners who violate this provision are subject to a fine of 50,000 riel. For repeat violations, fines are doubled.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to remove ashtrays, with increasing penalties for repeat violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters should consider imposing licenses suspension or revocation for violations as well.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires managers or owners of workplaces and public places to instruct smokers not to smoke and to "cooperate with authorities to take timely action." Violators are subject to a fine of 50,000 riel. For repeat violations, fines are doubled.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to take steps to require a person to stop smoking, with increasing penalties for repeat violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters should consider imposing licenses suspension or revocation for violations as well.
Not to smoke where prohibited
The law requires a person not to smoke where prohibited. Violators are subject to a fine of 20,000 riel.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes fines on smokers who smoke where prohibited, and imposes larger penalties on business owners and managers, who generally have more resources.
