LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

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

Post signs

Yes
Fine, Business License Suspension or Revocation, Other
Expand to view related litigation.
Analysis

The law requires proprietors, employers and administrators to post no-smoking signs. Violations of this provision are subject to any of the following penalties: 1) warning; 2) successive fines from one (1) prevailing monthly legal minimum salary up to a sum equivalent to one hundred (100) prevailing monthly legal minimum salaries; and 3) temporary or permanent suspension of the health license. These penalties are imposed by the respective Mayor of the locale where the violation occurred.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties.

Remove ashtrays

No
Expand to view related litigation.
Analysis

The law imposes a general duty to ensure compliance on proprietors, employers, and administrators. However, the law does not specifically impose a duty to remove ashtrays. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty to remove ashtrays.

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

Yes
Fine, Business License Suspension or Revocation, Other
Expand to view related litigation.
Analysis

The law requires proprietors, employers and administrators to “adopt reasonable, specific measures to dissuade people from smoking in the place, such as asking the person not to smoke, interrupting services, asking him to leave the premises or contacting the competent authority.”

Violations of this provision are subject to any of the following penalties: 1) warning; 2) successive fines from one (1) prevailing monthly legal minimum salary up to a sum equivalent to one hundred (100) prevailing monthly legal minimum salaries; and 3) temporary or permanent suspension of the health license. These penalties are imposed by the respective Mayor of the locale where the violation occurred.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Other
Expand to view related litigation.
Analysis

A person who smokes in a no-smoking area is subject to “a verbal warning and a pedagogical penalty that will require attendance at a day of training on the harmful effects of cigarettes.” To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should also impose monetary penalties for those that smoke in places where prohibited.