LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

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

Post signs

Yes
Fine
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Analysis

“No smoking” signs must be placed in workplaces, public places and public transport. The sign must state: “SMOKING IS PROHIBITED IN PUBLIC PLACES BECAUSE IT IS HARMFUL TO HEALTH. 100% TOBACCO FREE ENVIRONMENT.”

The fine for failing to post “no smoking” signs is 0.1 UIT for individuals and legal entities with business capital less than or equal to 10 UIT, and 0.5 UIT for legal entities with business capital greater than 10 UIT.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes fines on business owners. To more fully align, the law should include higher fines for repeat offenses and a range of penalties including license suspension or revocation.

Remove ashtrays

No
Analysis

Although the law imposes fines on business owners that allow smoking in smoke free areas, the law does not expressly require business owners to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners to remove ashtrays.

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

Yes
Fine
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Analysis

The law does not explicitly state that business owners/employers/supervisors must take steps to require a person to stop smoking. However, the law imposes a fine on business owners for “allowing smoking in prohibited places.” This is interpreted as imposing a duty to take steps to stop a person from smoking. The fine for allowing smoking in prohibited places is 0.5 UIT for individuals and legal entities with business capital less than or equal to 10 UIT, and 1.0 UIT for legal entities with business capital greater than 10 UIT.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes greater fines on business owners than smokers. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should include higher fines for repeat offenses, and a range of penalties including license suspension or revocation.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
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