LANGUAGE
Last updated: June 1st 2020

Duties / Penalties

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

Post signs

Yes
Fine, Other
Analysis

Article 24 of the Organic Law mandates that all smoke free places must have signs that indicate the place is smoke free and include a phone number for reporting violations. The Regulations further specify, among other things, that “in the case of venues for sporting, artistic and cultural events, as well as bars, dance halls, casinos and the like . . . announce at the users’ entrance, at the beginning of the event and while they are taking place in written and/or oral form over the speaker systems, if such is the case, that it is a 100% tobacco smoke free establishment. . . .”

Any violation of a smoke free provision, including failure to post signs, is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

Remove ashtrays

Yes
Fine
Analysis

The Regulations require business owners to remove ashtrays. Any violation of a smoke free provision is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

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

Yes
Fine, Other
Analysis

Article 22 of the Organic Law imposes a duty upon business owners or managers to attempt to compel compliance with smoke free provisions, including notifying authorities if smokers refuse to stop smoking.

Any violation of a smoke free provision is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

Other

Yes
Fine
Analysis

For events in indoor places, the law requires the broadcast of messages in pre-event advertising, on tickets, and while events are taking place, announcing that it is a 100% tobacco smoke free performance.

Any violation of smoke-free provision is subject to a penalty of a fine of “from one (1) to five (5) unified basic remunerations of the general private worker.” A repeat offense is subject to a fine of from six (6) to ten (10) unified basic remunerations of the general private worker. A second repeat offense is subject to temporary closure of the establishment from one (1) to eight (8) days, and for subsequent repeat violation cases, the establishment may be closed for fifteen (15) days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties, with higher penalties imposed for repeat violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Analysis

A smoker who fails to comply with smoke free provisions is subject to a fine of “twenty-five percent (25%) of the unified basic remunerations of the general private worker.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes higher fines on business owners, who generally have greater resources, than on individuals.