LANGUAGE
Last updated: September 14th 2021

Duties / Penalties

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

Post signs

Yes
Fine, Business License Suspension or Revocation, Other
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Analysis

The Executive Order (E.O.) requires business owners, managers, and administrators to post signs stating “SMOKING IS PROHIBITED.” The law specifies the text, size, font, and color of the sign, and placement location (all entrances). The signage provides a Ministry of Health hotline number to report violations. Appendix A of the E.O. provides a recommended template for the sign.

Signs indicating that the use of electronic cigarettes and similar products, whether the products contain nicotine or not, is prohibited are also now required pursuant to Resolution No. 0405 of March 2, 2016.

Fines range from 10 balboas to 100,000 balboas, depending upon the severity of the offense. The law also provides for temporary and permanent closure of establishments. In addition, the law provides for warnings for violations.

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

Remove ashtrays

No
None
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Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. However, the law requires owners, managers, and administrators to adopt procedures that hinder smoking, which could include the removal of ashtrays.

To align with 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, Business License Suspension or Revocation, Other
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Analysis

The Executive Order requires owners, managers, and administrators of establishments to instruct those who violate the law to stop smoking; to require the offender to leave the premises if the request is refused; and to seek help from the police if necessary.

Fines range from 10 balboas to 100,000 balboas, depending upon the severity of the offense. The law also provides for temporary and permanent closure of establishments. In addition, the law provides for warnings for violations.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to the duty to take steps to require a person to stop smoking.

Other

Yes
Fine, Business License Suspension or Revocation, Other
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Analysis

The law requires owners, managers, and administrators to adopt procedures that hinder smoking.

Fines range from 10 balboas to 100,000 balboas, depending upon the severity of the offense. The law also provides for temporary and permanent closure of establishments. In addition, the law provides for warnings for violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Other
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Analysis

The Executive Order provides for fines ranging from 10 balboas to 100,000 balboas, depending upon the severity of the offense, and provides for warnings.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to imposing a duty upon smokers not to smoke where smoking is prohibited.