Last updated: March 6, 2020

Duties / Penalties

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

Post signs

Yes
Fine, Jail
Analysis

The law specifically requires the person in charge of the premises to place visible signs where smoking is banned and provides for penalties of jail up to three months or a fine of the category five of the General Fines Act (S.B. 2002 no. 73), or both. Signage requirements, including size and text, are contained in Ministry of Public Health Decision No. 1189.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines; however, a penalty of licensure sanction would ensure closer alignment.

Remove ashtrays

Yes
Fine, Jail
Analysis

The law specifically requires the person in charge of the premises to take care that no ashtrays are provided and provides for penalties of jail up to three months and or a fine.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines; however, a penalty of licensure sanction would ensure closer alignment.

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

Yes
Fine, Jail
Analysis

Although the law does not specify steps persons responsible for the premises must take, it requires the persons responsible to undertake the necessary actions to assure the place/public transportation service is smoke free. The law also requires the Ministry of Health to enact regulations determining specific obligations. These have yet to be enacted.

Violations are punishable by imprisonment not exceeding three months or a fine of the category five of the General Fines Act (S.B. 2002 no. 73), or both.

The law would more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if regulations were enacted to elaborate specific steps to be taken, such as refusing service and calling authorities for failure to heed a warning. Additionally, an added penalty of licensure sanction would ensure closer alignment.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

Smokers must not smoke in “public spaces, working spaces, and public transportation.” Violations are punishable by imprisonment for up to one month, a fine, or both. Fines are fixed by a decision by the Attorney General and range from SRD 100 to SRD 150 depending on the location of the violation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.