Last updated: January 11, 2021

Duties / Penalties

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

Post signs

Yes
None
Analysis

The law requires that business entities and organizations post warning signs where smoking is prohibited (i.e., entrance areas, waiting lounges, corridors, toilets and other necessary places). Size is not specified. The sign should contain the name of the organization, telephone numbers and a contact person to whom comments or complaints may be addressed.

A person or legal entity that violates the law is subject to the penalties stated in the Criminal Code or the Infringement Law. However, the specific penalties to be imposed are unclear.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.

Remove ashtrays

No
None
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays from smoke free areas and specify appropriate penalties for violations.

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

No
None
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking and impose penalties for violations of that duty.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

No
None
Analysis

The law does not impose a duty upon smokers not to smoke where prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon smokers not to smoke where prohibited and specify appropriate penalties for violations.