LANGUAGE
Last updated: September 17th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including healthcare facilities, educational facilities, places for use by minors, entertainment halls, covered sports halls, and "places for public assembly." All of these places may be workplaces for some people. In types of workplaces not enumerated in the list, smoking is allowed. Because smoking is restricted in some workplaces and allowed in others, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including healthcare facilities, educational facilities, places for use by minors, entertainment halls, covered sports halls, and "places for public assembly." In types of public places not enumerated in the list, smoking is allowed. Because smoking is restricted in some public places and allowed in others, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public ground transportation and on aircraft. Although the law permits smoking in uncovered designated smoking areas on maritime transport, all enclosed areas of maritime transport must be smoke free. Because smoking is prohibited in all areas of enclosed public transport, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on public transport.

Government facilities

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Government facilities are not among those places listed. As a result, the law is interpreted as permitting smoking in government facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in government facilities.

Private offices

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Private offices are not among those places listed. As a result, the law is interpreted as permitting smoking in private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in private offices.

Hospitals

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "establishments which provide healthcare services, for example; hospitals, healthcare centres, clinics, medical consulting rooms, ambulances, pharmacies, first aid centres and similar."

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hospitals.

Residential healthcare facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "establishments which provide healthcare services, for example; hospitals, healthcare centres, clinics, medical consulting rooms, ambulances, pharmacies, first aid centres and similar." Therefore, smoking is restricted in residential healthcare facilities, including their public areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public areas of residential healthcare facilities.

Non-residential healthcare facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "establishments which provide healthcare services, for example; hospitals, healthcare centres, clinics, medical consulting rooms, ambulances, pharmacies, first aid centres and similar." Therefore, smoking is restricted in non-residential healthcare facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of non-residential healthcare facilities.

Childcare facilities/preschools

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "educational establishments" and "places set aside for minors under the age of eighteen." Therefore, smoking is restricted in childcare facilities and preschools.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of childcare facilities and preschools.

Primary and secondary schools

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "educational establishments" and "places set aside for minors under the age of eighteen." Therefore, smoking is restricted in primary and secondary schools.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of primary and secondary schools.

Universities/vocational facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "educational establishments, study or lecture halls, meeting rooms, libraries, gymnasiums and refectories." Therefore, smoking is restricted in universities and vocational facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of universities and vocational facilities.

Shops

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Shops are not among those places listed. As a result, the law is interpreted as permitting smoking in shops.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shops.

Cultural facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Cultural facilities would likely fall into several of these categories – libraries, lecture halls, entertainment halls, and “places for public assembly.” The term “places for public assembly” is not defined, however. Nonetheless, the law is interpreted as covering the range of cultural facilities, meaning that smoking in these places is restricted to certain areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all cultural facilities.

Indoor stadium/arenas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "covered sports areas," "entertainment halls," and "places for public assembly." This is interpreted as encompassing all indoor stadiums and arenas. Therefore, smoking is restricted in indoor stadiums and arenas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor stadiums and arenas.

Restaurants

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Restaurants are not among those places listed. As a result, the law is interpreted as permitting smoking in restaurants.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in restaurants.

Bars/pubs/nightclubs

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Bars, pubs, and nightclubs are not among those places listed. As a result, the law is interpreted as permitting smoking in bars, pubs, and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in bars, pubs, and nightclubs.

Casinos

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Casinos are not among those places listed; however, the list includes "entertainment halls," although this term is undefined. As a result, it is unclear whether smoking is restricted to certain areas in casinos as "entertainment halls," or whether there are no restrictions on smoking in casinos.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in casinos.

Hotels/lodging - public areas

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Hotels are not among those places listed. Therefore, the law is interpreted as allowing smoking in public areas of hotels.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of hotels and lodging.

Hotels/lodgings - guest rooms

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Hotels are not among those places listed. Therefore, the law is interpreted as allowing smoking in hotel guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in hotel guest rooms.

Prisons/detention facilities - public areas

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Prisons and detention facilities are not among those places listed. Therefore, the law is interpreted as allowing smoking in public areas of prisons and detention facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of prisons and detention facilities.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "in vehicles used for public collective transport, urban transport of passengers, suburban vehicles and hire or tourist service vehicles." This is interpreted as prohibiting smoking in all shared ground transportation, including trains and buses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "in vehicles used for public collective transport, urban transport of passengers, suburban vehicles and hire or tourist service vehicles." This is interpreted as prohibiting smoking in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking on domestic flights and provides that international flights are subject to “international rules of aviation.” Most international carriers prohibit smoking onboard. Therefore, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial aircraft. For greater clarity, the law should be amended to specify that smoking is prohibited on both domestic and international commercial flights.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law restricts smoking to uncovered designated smoking areas on maritime transport. Because all enclosed areas of commercial watercraft must be smoke free, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial watercraft.

Public transport facilities (waiting areas for mass transit)

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Public transport facilities are not among those places listed. As a result, the law is interpreted as permitting smoking in public transport facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public transport facilities.