Last updated: September 17, 2019

Duties / Penalties

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

Post signs

Yes
Fine, Business License suspension or revocation
Analysis

The law requires that business owners, employers, and supervisors post signs where smoking is prohibited, in a clear and visible position. The sign must include the phone number or any other electronic means for reporting non-compliance with the law. The sign must expressly state that "SMOKING IS PROHIBITED IN THIS PLACE."

Violations are classified as "minor," "serious," and "very serious." It is uncertain under what category the law places the failure to post signs where smoking is prohibited. Violations for "minor offenses" are subject to a fine of fifty-seven dollars, in addition to confiscation of the product. Violations for “serious offenses" are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. Violations for “very serious offenses" are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect on the duty on business owners/employers/supervisors to post signs.

Remove ashtrays

Yes
Fine, Business License suspension or revocation
Analysis

The law prohibits ashtrays except in places reserved for smokers.

Violations are classified as "minor," "serious," and "very serious." It is uncertain under what category the law places the failure to remove ashtrays from smoke free places. Violations for "minor offenses" are subject to a fine of fifty-seven dollars, in addition to confiscation of the product. Violations for “serious offenses" are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. Violations for “very serious offenses" are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to removing ashtrays.

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

Yes
Fine, Business License suspension or revocation
Analysis

The law requires a business owner, employer, or supervisor to take steps to require a person to stop smoking, including restraining any violators who fail to cease smoking (must “challenge violators to desist from their conduct”).

Violations are classified as "minor," "serious," and "very serious." It is uncertain under what category the law places steps to require a person to stop smoking. Violations for "minor offenses" are subject to a fine of fifty-seven dollars, in addition to confiscation of the product. Violations for “serious offenses" are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. Violations for “very serious offenses" are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to steps to require a person to stop smoking.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

Smoking where smoking is prohibited is classified as a “serious offense," and violators are subject to a fine of one to ten times the monthly minimum salary, in addition to confiscation of the product and a six-month suspension of the permit issued for the sale of tobacco products. The law also provides that repeat violations are punishable as “very serious offenses," and are subject to a fine of ten to thirty times the minimum urban monthly salary, in addition to the permanent loss of license.

Additionally, the law obligates proprietors or managers of the establishments where tobacco consumption is prohibited to restrain anyone who violates the law.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines by imposing penalties upon any smoker who smokes in any place where smoking is prohibited.