Last updated: September 17, 2019

Enforcement Authorities

Authorized Agency
Jurisdiction
Duty to Enforce

Police

Uncertain
No
Analysis

The Protection of Health Act does not specify an agency authorized or mandated to enforce restrictions and bans on smoking. However, the Act states that penalties for smokers and for owners/managers of transport means and facilities shall take place under misdemeanor procedures. The Code of Offenses states that the Police is the responsible agency in offense cases. Therefore, the law is interpreted as identifying the Police as the agency responsible for enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly authorize an agency to enforce restrictions and bans on smoking in public places, workplaces and public transport. The law should also impose a duty on that agency to enforce, and set forth inspection authorities and duties.