China became a Party to the WHO Framework Convention on Tobacco Control on January 9, 2006. Macau, as Special Administrative Region of China, is bound by China’s ratification of the treaty.
Smoke Free Places: Smoking is prohibited in indoor public places and indoor workplaces, with the following exceptions: 1) smoking lounges in airports; 2) hotel guest rooms; and 3) designated smoking rooms in casinos. Smoking is also prohibited on all public transportation. Several outdoor places have bans or restrictions on smoking. Smoking is banned in outdoor areas of public swimming pools and athletic facilities, and primary and secondary schools. Smoking is restricted in outdoor areas of parks, gardens, beaches, healthcare facilities, and primary and secondary education facilities. In outdoor areas of institutions of higher education, smoking is restricted to designated areas.
Tobacco Advertising, Promotion and Sponsorship: Virtually all forms of tobacco advertising and promotion through any medium are prohibited. The law allows for advertising within the trade and product display at points of sale where only tobacco is sold. Only price information is allowed at other points of retail sale. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling: As of January 1, 2013, smoked tobacco product packages must carry one of six authorized pictorial health warnings, occupying 50 percent of the two principal display areas. The health warnings are made up of an illustration, a health warning, and a quitline number. The combined warnings must appear on one principal display area in Chinese and on the other principal display area in Portuguese. Misleading descriptors or other indicia suggesting that one brand is less harmful than another are prohibited, unless the term is part of a trademark that was registered when Law No. 5/2011 was enacted.
Roadmap to Tobacco Control Legislation: Law No. 5/2011, Regime for prevention and control of tobacco use, is the primary tobacco control law for Macau and governs, among other things, smoking free environments, tobacco advertising, promotion and sponsorship, and tobacco packaging and labeling. The law was amended by Law No. 9/2017. Several regulations were issued under Law No. 5/2011 including: (1) Administrative Regulation No. 37/2011 (regulating signs and notices), (2) Chief Executive Order No. 401/2011 (regulating smoking rooms), (3) Administrative Regulation No. 16/2012 (regulating layout, form and content of health warnings and messages), (4) Chief Executive Order No. 363/2011 (providing an additional warning for products carrying misleading terms and descriptors), (5) Chief Executive Order No. 296/2012 (establishing requirements of designated smoking rooms in casinos), (6) Chief Executive Order No. 141/2014 (amending Chief Executive Order No. 296/2012 on casinos), and (7) Order of the Secretary for Social Affairs and Culture No. 84/2017 (establishing requirements for designated smoking rooms in casinos and airports). In addition, the Tobacco Control Implementation Guidelines provide plain language explanations for requirements for smoke free environments in various categories of places.
The Special Administrative Region’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts were consulted for the review.
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