Last updated: September 9, 2021

Enforcement Authorities

Authorized Agency
Jurisdiction
Duty to Enforce

Public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare

Indoor public places, indoor workplaces, public transport, and outdoor smoke free places

Uncertain
Analysis

The Tobacco Control Act authorizes the Minister of Health and Social Welfare to appoint a person or class of persons as enforcement officers. The Minister may authorize public health officers, environmental inspectors, customs officers, police officers, any other person appointed by the Minister of Health and Social Welfare. However, the Minister has not yet issued regulations authorizing a specific agency(s) to enforce. Authorized officers "may" enter premises where tobacco products have been used, and "shall" issue a report on the inspection.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should impose a duty on enforcement officers to enforce the law. In addition, the Minister should issue regulations authorizing a specific agency or agencies to inspect public places, workplaces and public transport and enforce the law.