LANGUAGE
Last updated: May 20th 2020

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

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In most indoor workplaces, smoking is restricted to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. There are a small number of places where smoking rooms are not allowed, including the indoor and outdoor areas of educational facilities and most healthcare facilities. These places are required to be 100% smoke free.

In addition, there is an exception that permits smoking in cultural facilities if smoking is part of the performance. Smoking is allowed on stage only.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In most indoor public places, smoking is restricted to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. There are a small number of places where smoking rooms are not allowed, including the indoor and outdoor areas of educational facilities and most healthcare facilities. These places are required to be 100% smoke free.

In addition, there is an exception that permits smoking in cultural facilities if smoking is part of the performance. Smoking is allowed on stage only.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places.

All public transport

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in most enclosed public places, which by definition includes public transport, and workplaces to designated smoking rooms. These rooms must meet certain requirements, including having a separate entrance, not allowing air to flow freely from the smoking area into the non-smoking area, etc. To the extent that it is possible to meet these requirements, smoking on public transport would be restricted to designated smoking rooms. However, in places where meeting these requirements would be difficult, if not impossible, the regulatory status is uncertain.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport.

Government facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in government facilities to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all enclosed government facilities.

Law Source, Section

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.
Analysis

The law restricts smoking in enclosed workplaces to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. Because the room must be exclusively for smoking, the law is interpreted as not allowing private offices to be designated as smoking rooms. Therefore, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Hospitals

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in the indoor and outdoor areas of most hospitals. However, the law contains an exception that permits designated smoking rooms in psychiatric hospitals. Because of this exception, the regulatory status “Smoking is Restricted” is given.

Designated smoking rooms must be exclusively for smoking; may not exceed more than 20% of the total surface area; and must meet other technical requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor areas of all hospitals.

Residential healthcare facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in the indoor and outdoor areas of most residential healthcare facilities. However, the law contains an exception that permits designated smoking areas in psychiatric hospitals and other treatment facilities for the mentally ill. Because of this exception, the regulatory status “Smoking is Restricted” is given.

Designated smoking rooms must be exclusively for smoking; may not exceed more than 20% of the total surface area; and must meet other technical requirements.

The law also contains an exception for “senior citizens’ homes . . . if only smokers reside there,” but designated smoking rooms in these places cannot be in areas intended for common use.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor areas of all residential healthcare facilities.

Non-residential healthcare facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in the indoor and outdoor areas of most healthcare facilities. However, the law contains an exception that permits designated smoking areas in psychiatric hospitals and other treatment facilities for the mentally ill. This appears to apply to both residential and non-residential healthcare facilities. Because of this exception, the regulatory status “Smoking is Restricted” is given.

Designated smoking rooms must be exclusively for smoking; may not exceed more than 20% of the total surface area; and must meet other technical requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor areas of 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.
Analysis

The law prohibits smoking in the indoor and outdoor areas of childcare and educational facilities. Designated smoking rooms are not permitted.

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.
Analysis

The law prohibits smoking in the indoor and outdoor areas of childcare and educational facilities. Designated smoking rooms are not permitted.

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.
Analysis

The law prohibits smoking in the indoor and outdoor areas of childcare and educational facilities. Designated smoking rooms are not permitted.

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

Shops

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in shops to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all enclosed shops.

Law Source, Section

Cultural facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in cultural facilities to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements.

In addition, the law provides an exception that permits smoking of herbal products in cultural facilities if smoking is part of the performance. Smoking is allowed only on stage and for the duration of the play.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all enclosed cultural facilities.

Indoor stadium/arenas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in indoor stadiums and arenas to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor stadiums and arenas.

Law Source, Section

Restaurants

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in restaurants to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. In addition, no food or beverages may be served or brought into the designated smoking room.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all restaurants.

Law Source, Section

Bars/pubs/nightclubs

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in bars, pubs, and nightclubs to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. In addition, no food or beverages may be served or brought into the designated smoking room.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all bars, pubs, and nightclubs.

Law Source, Section

Casinos

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in casinos to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. In addition, no food or beverages may be served or brought into the designated smoking room.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all casinos.

Law Source, Section

Hotels/lodging - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in hotels and other “providers of overnight stays” to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public areas of hotels.

Law Source, Section

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.
Analysis

The law restricts smoking in hotels and other “providers of overnight stays” to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. Because the rooms must be exclusively for smoking, the law is interpreted as not allowing guest rooms to be designated as smoking rooms. Therefore, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to guest rooms in hotels and other lodging. For greater clarity, the law should specify that all guest rooms must be smoke free.

Law Source, Section

Prisons/detention facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in public areas of prisons to designated smoking room. In addition, the law permits areas to be set aside for smoking in areas of prison “not intended for common use, if only smokers reside there.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of prisons and detention facilities.

Law Source, Section

Trains, buses and other shared ground transportation other than taxis

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.
Analysis

The law restricts smoking in most enclosed public places, which by definition includes public transport, and workplaces to designated smoking rooms. These rooms must meet certain requirements, including having a separate entrance, not allowing air to flow freely from the smoking area into the non-smoking area, etc. In some forms of ground transportation, it would be extremely difficult, if not impossible, to set aside specially designated smoking areas that meet the law's requirements. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

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.
Analysis

The law restricts smoking in most enclosed public places, which by definition includes public transport, and workplaces to designated smoking rooms. These rooms must meet certain requirements, including having a separate entrance, not allowing air to flow freely from the smoking area into the non-smoking area, etc. However, it would be extremely difficult, if not impossible, to set aside specially designated smoking areas that meet the law's requirements in a taxi. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including taxis.

Commercial aircraft

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.
Analysis

The law restricts smoking in most enclosed public places, which by definition includes public transport, and workplaces to designated smoking rooms. These rooms must meet certain requirements, including having a separate entrance, not allowing air to flow freely from the smoking area into the non-smoking area, etc. However, it would be extremely difficult, if not impossible, to set aside specially designated smoking areas that meet the law's requirements on an airplane. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including commercial aircraft.

Commercial watercraft

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in most enclosed public places, which by definition includes public transport, and workplaces to designated smoking rooms. These rooms must meet certain requirements, including having a separate entrance, not allowing air to flow freely from the smoking area into the non-smoking area, etc. Therefore, on commercial watercraft, smoking would be restricted to these designated areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including commercial watercraft.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking in public transport facilities to designated smoking rooms. Such rooms must be exclusively for smoking, may not exceed more than 20% of the total surface area, and must meet other technical requirements. In addition, no food or beverages may be served or brought into the designated smoking room.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all enclosed public transport facilities.

Private vehicles in which children under the age of 18 are present

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in private vehicles in which children under the age of 18 are present.