Last updated: December 8, 2022

Duties / Penalties

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

Post signs

Yes
Fine
Gavel
Expand to view related litigation
Analysis

Section 25 of the Act imposes a duty on owners, managers, or other persons responsible for the premises to post signs in no-smoking areas. Specifically, signs must be posted indicating that smoking is prohibited in areas where such prohibition may be in doubt and at the entrances to all establishments serving food and drink. Section 44 provides that any violation of the Act is subject to a fine, the amount of which is unspecified.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the format and the content of the signs should be determined by the health authorities or other relevant government agencies, include a reporting mechanism for violations, and impose/specify penalties to deter business violators.

Remove ashtrays

No
None
Gavel
Expand to view related litigation
Analysis

There is no duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. However, owners, managers, and persons otherwise responsible for an establishment are under an obligation to ensure that there is compliance with the law.

To align FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager or other person in charge of the premises to remove ashtrays from the premises.

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

Yes
Fine
Gavel
Expand to view related litigation
Analysis

Under Section 25 of the Act, the owner, manager, or person responsible for an establishment is under an obligation to ensure that there is compliance with the law. Although the law does not lay out the specific steps an owner or manager must take to ensure compliance, the law provides that any person who, in spite of a warning by the owner, manger, or person responsible for the premises, continues to violate the smoking ban can be expelled from the premises. Section 44 provides that any violation of the Act is subject to a fine, the amount of which is unspecified.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specify the steps an owner, manager, or person responsible must take to require a person to stop smoking. In addition, the law might also include administrative sanctions, such as suspension of business license for failure to comply.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Gavel
Expand to view related litigation
Analysis

Section 25 imposes a duty upon smokers not to smoke where prohibited. Section 44 provides that any violation of the Act is subject to a fine, the amount of which is unspecified.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specify the amount of the fine imposed on smokers for violation of the law.