LANGUAGE
Last updated: September 17th 2019

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

All indoor workplaces

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 public or private offices, enclosed work environments, and other enclosed public places. Taken together, these provisions form a complete ban in workplaces.

Note that “enclosed work environments” include all work environments that do not have natural ventilation. “Natural ventilation” is defined as a place that is open, unwalled, or has at least three open sides. This definition serves as a substitute for “indoor,” defining those places that are not “indoor” instead of those that are indoor.

All indoor public 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 law prohibits smoking in “enclosed public access places where people congregate” and therefore aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor public places.

The Executive Order (E.O.) provides an extensive, though not exhaustive, list of “enclosed public places” to which the ban applies. The list in the E.O. does not, and was not meant to, limit the complete ban in the law. However, to ensure enforcement of the prohibition in all “enclosed public places,” this term should be defined.

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 in “public transportation” and “land, sea, and air transport facilities.” In addition, the Executive Order prohibits smoking in all government-owned vehicles.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it bans smoking in all government vehicles as well as public transport. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 law prohibits smoking in all “public offices,” which is elaborated in the Executive Order (E.O.) as encompassing all government offices. The E.O. further provides that, if these facilities are owned by the government, smoking is also prohibited in parking lots, lawns and other open space.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 public or private offices. Note that “enclosed work environments” include all work environments that do not have natural ventilation. “Natural ventilation” is defined as a place that is open, unwalled, or has at least 3 open sides. This definition serves as a substitute for “indoor,” defining those places that are not “indoor” instead of those that are indoor.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 law prohibits smoking in public and private health institutions, which includes hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 law prohibits smoking in public and private health institutions, which includes residential healthcare facilities and their public areas. This alone is sufficient to ban smoking in all parts of all residential healthcare facilities. In addition, the law also specifically prohibits smoking in “common areas” of public and private buildings of commercial and domestic use.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to residential healthcare facilities and their public areas.

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 law prohibits smoking in public and private health institutions, which includes all non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 law prohibits smoking in “public and private educational institutions” and other “enclosed public access places.” This is interpreted as covering childcare facilities and preschools.

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

Note: The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. Although, the E.O. list does not specifically include childcare facilities (some of which may not qualify as “educational facilities”), the list does not, and lacks the legislative intent to, limit the complete smoking ban in the law. However, to ensure enforcement of the prohibition in all indoor public places and workplaces, these terms should be defined in accordance with the FCTC Art. 8 Guidelines rather than illustrated by a list.

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 law prohibits smoking in “public and private educational institutions,” which includes 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 law prohibits smoking in “public and private educational institutions,” which includes 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 law prohibits smoking in “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “malls and department stores” and “supermarkets, shops, kiosks, grocery stores and others.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shops/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 law prohibits smoking in “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “shows and other places where cultural . . . activities are carried out.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 law prohibits smoking in “public and private, open and closed environments designed for sporting activities.” Executive Order Art. 9 provides an extensive, though not exhaustive, list of sporting locales to which the ban applies. The list specifically includes “stadiums.”

The law aligns with and exceeds FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to stadiums and arenas in that it includes outdoor as well as indoor environments.

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 law prohibits smoking in “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “restaurants, cafeterias, centers dispensing food and similar.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 law prohibits smoking in “enclosed public access places where people congregate.” The Executive Order (E.O.) provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “bars, wineries, canteens and similar,” “dance clubs, lawns, canopies and other dance centers,” and “premises designed for holding such events as concerts, parties and others.”

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

Casinos

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 “enclosed public access places where people congregate.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to casinos.

Hotels/lodging - 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 law prohibits smoking in “enclosed public access places where people congregate.” Executive Order (E.O.) Art. 8 provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “hotels, pensions and temporary places of lodging.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hotels and their public areas.

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 law prohibits smoking in “enclosed public access places where people congregate.” Executive Order (E.O.) Art. 8 provides an extensive, though not exhaustive, list of enclosed public access places to which the ban applies. The E.O. list specifically includes “hotels, pensions and temporary places of lodging.” In Panama, this is interpreted to mean all parts of all areas in the hotel, including guest rooms.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hotels and their guest rooms.

Prisons/detention 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 law prohibits smoking in enclosed work environments. Prisons fall within the definition of “enclosed work environment” and therefore smoking is prohibited in all parts of prisons.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of prisons and detention facilities.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including trains, buses, and other shared ground transportation. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including taxis. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including commercial aircraft. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including commercial watercraft. However, to ensure comprehensive coverage and interpretation of the law, a definition of “public transportation” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Public transport facilities (waiting areas for mass transit)

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

Smoking is prohibited in “means of public transportation in general and land, sea and air transport terminals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation, including public transport facilities.

Common areas of public and private buildings used for commercial and domestic use

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

Smoking is prohibited in common areas of public and private buildings used for commercial and domestic use. Article 10 of Executive Order No. 230 provides an extensive, though not exhaustive, list of types of common areas where smoking is prohibited.