LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

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

Post signs

Yes
Fine
Analysis

Law No. 119/IV/95, Art. 5, imposes a duty to post no-smoking signs in smoke free areas. Violations are punishable by a fine from 10,000 to 100,000 escudos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a penalty for failure to post signs in no smoking areas. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing increased penalties for repeat violations and additional penalties such as license suspension or revocation.

Remove ashtrays

No
Analysis

The law does not impose a duty to remove ashtrays from smoke free places.

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 appropriate penalties for violations.

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

No
Analysis

The law does not impose a duty to take steps to require a person to stop smoking in a smoke free 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 require a person to stop smoking in a smoke free area and impose appropriate penalties for violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Analysis

The law imposes a duty upon individuals not to smoke in a smoke free area. Violations are punishable by a fine from 1,500 to 15,000 escudos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines as it imposes a penalty for smoking in a smoke free place and imposes higher penalties on businesses that fail to enforce the ban than on individual smokers, who generally have fewer resources.