Last updated: February 19, 2021
Duties / Penalties
The law places a duty on “occupiers” and a person in charge of any eating-house to display no smoking signs on each table, a wall or other surface a sign that is “clearly visible from all seats”.
The law also requires an owner and person in charge of an amusement center, theater, sports stand, hospital, clinic, elevator, airport terminal building, prescribed smoke-free areas and buildings to, at the entrance to each place “clearly and predominantly” display no smoking signs.
Under The Tobacco Control Decree 2010, Schedule 7 lays out a penalty of $1,000 for the failure of “owner[s]” and the person in charge of a relevant place to ensure that no smoking signs are clearly and conspicuously displayed.
To more fully align with FCTC Art. 8 and the fines for repeat violations and additional penalties such as license suspension or revocation. The law should also define more clearly who is “a person in charge”, and thus can be held liable for violations of the above law.
The law does not impose a duty upon owners or persons in charge to remove ashtrays in places where smoking is prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon owners or persons in charge to remove ashtrays and impose appropriate penalties and corrective measures for violations of that duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law places a duty on “occupiers” and a person in charge of any place where smoking is restricted to ensure that “no person smokes”.
The law does not specify specific steps occupiers/those in charge must take, but does outline a penalty of $1,000 for failing to ensure that no person smokes in a public place.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on a business owner, employer, or supervisor to take such steps.
Not to smoke where prohibited
The Tobacco Control Decree 2010 places a duty on persons not to smoke in places where smoking is prohibited.
The penalty for smoking in a prohibited zone is $200.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers.