LANGUAGE
Last updated: September 17th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes, among others, “workplaces of industries and factories.” The 2014 Directive contains a broad definition of the term “work place” and, thus, the law is interpreted as covering all workplaces.

However, the Act specifically allows, but does not require, a manager of a prison, airport, or hotel, which are workplaces for some, to designate an area inside the premises for smoking or tobacco consumption. Although the regulations specify that the smoking area in a hotel should be outside, the regulations allow the smoking area to be inside if outside space is not available. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places, including a specified list of public places contained in the Tobacco Products Act. In addition, the 2014 Directive contains a definition of “public place” that would likely cover any places inadvertently left off the list.

However, the law specifically allows, but does not require, a manager of an airport to designate an area inside the premises for smoking or tobacco consumption. The law also allows hotel managers to designate a place for smoking. While generally the smoking area in a hotel must be outside, the regulations allow the smoking area to be inside if outside space is not available. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places, including airports and hotels, to be 100% smoke free.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking on public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes the “bodies, institutions and offices of the State and of the Government.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The law prohibits smoking in a specified list of public places, which includes, among others, “workplaces of industries and factories.” The explanatory note states that “workplace means an indoor or outdoor area in which employees perform the job at industries and factories, enterprises and plant machineries.” This is a broad definition and is interpreted as covering all private offices. In addition, the 2014 Directive includes a definition of “work place” that is also broad and covers “any room place used by person to work.”

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “health related institutions.” Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “health related institutions.” This is interpreted as encompassing residential healthcare facilities, including all public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to residential healthcare facilities.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “health related institutions.” Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “child welfare homes, child care centers” and “educational facilities.” Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “educational facilities.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “educational facilities.” This is interpreted as prohibiting smoking in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “department store and mini-market.” Although the law is unclear as to what qualifies as a department store or mini-market because these terms are not defined, the intent of the law appears to be to prohibit smoking in all stores and shops. Therefore, the law is interpreted as prohibiting smoking in all stores and shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops and stores.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “cinema halls, cultural centers and theatres.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “stadiums, covered halls, gymnasiums, [and] swimming pool houses.” This provision is interpreted to include all stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stadiums and arenas.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “restaurants,” “dining halls” and “canteens.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “bars.” This provision is interpreted to include all bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Casinos

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in public places, including a specified list of public places contained in the Tobacco Products Act. The Act does not list “casinos” as a public place where smoking is prohibited, but it would be covered under the definition of “public place” contained in the 2014 Directive.

However, casinos, to the extent they exist in Nepal, must be located within tourist hotels. Section 4(2) of the Act allows a manager of a “tourist level hotel” to designate a place in the hotel for smoking or consumption of tobacco products. While generally the smoking area in a hotel must be outside, the regulations allow the smoking area to be inside if outside space is not available. Therefore, the law is interpreted as allowing smoking areas in casinos, which are located inside hotels. The regulations further specify that smoking areas shall have no furniture.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of casinos.

Hotels/lodging - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “hotel, motel, resort . . . lodge, hostel and guest house.” However, Section 4(2) of the Act allows a manager of a “tourist level hotel” to designate a place in the hotel for smoking or consumption of tobacco products. While generally the smoking area in a hotel must be outside, the regulations allow the smoking area to be inside if outside space is not available. Therefore, the regulatory status “Smoking is Restricted” is assigned rather than “100% Smoke Free.” The regulations further specify that smoking areas shall have no furniture.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor parts of hotels.

Hotels/lodgings - guest rooms

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in a “hotel, motel, resort . . . lodge, hostel and guest house.” Section 4(2) of the Act provides an exemption to the ban that allows a manager of a “tourist level hotel” to designate a place in the hotel for smoking or consumption of tobacco products. However, the smoking room may not be a guest room because the Tobacco Product Regulations specify that smoking areas shall have no furniture. Therefore, smoking is prohibited in guest rooms of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hotel guest rooms.

Prisons/detention facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes the “bodies, institutions and offices of the State and of the Government,” which is interpreted to include prisons. However, the Act allows a manager of a prison to designate a place for smoking or consumption of tobacco products. The Tobacco Products Regulations specify that a designated smoking area in a prison should have ventilation for the direct exit of smoke, an automatic door that remains closed at all times, and as far as possible, have space for only one person. In addition, smoking areas should have no furniture.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of prisons.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “public transportation.” The term “public transportation” is defined to include transport by ground. Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “public transportation.” The term “public transportation” is defined to include transport by ground. Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “airlines and public transportation.” Therefore, smoking is prohibited on commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “public transportation.” The term “public transportation” is defined to include transport by “sail in the ocean.” Therefore, smoking is prohibited on commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes “airports” and “public bus stands and ticketing centers.” Therefore, bus stations and train stations are smoke free. However, the Act allows a manager of an airport to designate a smoking area. The Tobacco Products Regulations specify that a designated smoking area in an airport should have ventilation for the direct exit of smoke, an automatic door that remains closed at all times, and as far as possible, have space for only one person. In addition, smoking areas should have no furniture. Because the law allows for smoking areas in airports, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport facilities, including airports. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Libraries

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes libraries.

This provision aligns with the FCTC Art. 8 and the FCTC Art. 8 Guidelines, as libraries are public places and therefore smoking is prohibited in libraries.

Public toilets

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes public toilets.

This provision aligns with the FCTC Art. 8 and the FCTC Art. 8 Guidelines, as public toilets are public places and therefore smoking is prohibited in public toilets.

Pilgrimage and religious places

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

The Tobacco Products Act prohibits smoking in public places, which specifically includes pilgrimage and religious places.

This provision aligns with the FCTC Art. 8 and the FCTC Art. 8 Guidelines, as pilgrimage and religious places are public places and therefore smoking is prohibited in religious places.

Private homes or vehicles

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

The law prohibits smoking in a private home or vehicle "in a way that may affect another person."

This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines provision that Parties shall provide for protection from tobacco smoke exposure in, “as appropriate, other public places.” However, regulations should be issued to clarify the scope and aid enforcement of this provision.