LANGUAGE
Last updated: May 14th 2018

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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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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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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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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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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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 Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. Therefore, smoking is prohibited in all areas of residential healthcare facilities, including public areas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in 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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to health”. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to health. 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 Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education” and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education and all indoor workplaces. Therefore, smoking is prohibited in preschools as establishments dedicated to education and childcare facilities. 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 Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education” and indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education and indoor workplaces. 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 Law No. 29517, amending Law No. 28705, prohibits smoking in “establishments dedicated to education.” The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in establishments dedicated to education. Therefore, smoking is prohibited 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 Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in shops and stores, as these are both enclosed public places and workplaces. 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 Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in cultural facilities, as these are both enclosed public places and workplaces. 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 Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in indoor stadiums and arenas, as these are both enclosed public places and workplaces. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor 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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in restaurants, as these are both enclosed public places and workplaces. 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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Therefore, smoking is prohibited in bars, pubs and nightclubs, as these are enclosed public places and workplaces. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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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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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and work places. Therefore, smoking is prohibited in public areas of hotels and other lodging, as these are both enclosed public places and workplaces. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
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Analysis Law No. 29517, amending Law No. 28705, prohibits smoking in enclosed public places and workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places and workplaces. Arguably, these provisions could be interpreted as prohibiting smoking in guest rooms of hotels and other lodging. However, in practice, managers designate some guest rooms as smoking and others as non-smoking. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specifically prohibit smoking in all guestrooms of hotels and other lodging.

Prisons/detention facilities - public areas

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
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Analysis Law No. 29517, amending Law No. 28705, generally prohibits smoking in enclosed public places and workplaces, and specifically prohibits smoking in “public offices” (defined as all national entities). The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in enclosed public places, workplaces and public agencies. These provisions could be interpreted as prohibiting smoking in public areas of prisons, as prisons are national entities and work places for some, and visiting area of prisons are open to the public. However, prison regulations do not specifically prohibit smoking in prisons. (See http://spij.minjus.gob.pe/CLP/contenidos.dll?f=templates&fn=default-codejecucionpenal.htm&vid=Ciclope:CLPdemo). Therefore, the regulatory status “Uncertain” is assigned. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking in prisons and detention facilities is prohibited.

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 Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. 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 trains, buses and other 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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. 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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in 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.
Expand to view related litigation.
Analysis Law No. 29517, amending Law No. 28705, prohibits smoking on public transportation. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking on public transportation. The definition of public transport includes all vehicles used to transport people by land, air or sea. Therefore, smoking is prohibited in 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)

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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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.
Expand to view related litigation.
Analysis Article 2 of Law No. 29517 amends Art. 3 of Law 28705 and prohibits smoking in all indoor workplaces. The Regulations (Decree No. 001-2011, amending Decree No. 015-2008) likewise prohibit smoking in workplaces. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all private offices.