Last updated: December 22, 2021
Duties / Penalties
Post signs
In places where smoking is prohibited, prominent signs are required at the entrance. These signs must contain a graphic image, with the text “SMOKING PROHIBITED” as well as fine information and a quitline number.
Individuals responsible for places where smoking is prohibited shall be subject to the fine provided for fourth class infractions if he/she has not put in place the signage provided. The law could be improved by providing information regarding whom to contact in case of violations.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring no smoking signs and imposes fines on those who fail to post.
Remove ashtrays
Individuals responsible for places where smoking is prohibited shall be subject to the fine provided for fourth class infractions if they knowingly assist by any means the infringement of the smoking ban, such as setting out ashtrays.
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)
(e.g., seizure of the product, publication of the violation/violator)
Individuals responsible for places where smoking is prohibited shall be subject to the fine provided for fourth class infractions if a smoker smokes where it is prohibited.
In some cases, the prefect who represents the State in the food and beverage industry can close temporarily or permanently the place where the smoking ban is not obeyed.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on those responsible for public places and imposing penalties on those who fail to stop a person from smoking.
Other
If designated smoking rooms are provided, the people responsible for those places shall be subject to the fine provided for fourth class infractions if he/she makes available to smokers an area that does not meet the required specifications.
Not to smoke where prohibited
A person who smokes where prohibited shall be subject to the fine provided for third class infractions.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited and imposing a fine on those that fail to abide by the prohibition.
