Last updated: January 9, 2023

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

All indoor workplaces

Smoking is Restricted
Analysis

The law prohibits smoking in "any buildings and other structures.” However, the law provides several exceptions, including, but not limited to, penitentiaries, cigar bars, casinos, in the transit zone of an airport, in pre-trial detention cells, and in designated areas of inpatient psychiatric facilities and palliative care facilities.

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

All indoor public places

Smoking is Restricted
Analysis

The law prohibits smoking in "any buildings and other structures.” However, the law provides several exceptions, including, but not limited to, penitentiaries, cigar bars, casinos, in the transit zone of an airport, in pre-trial detention cells, and in designated areas of inpatient psychiatric facilities and palliative care facilities.

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

All public transport

Smoking is Restricted
Analysis

The law prohibits smoking in most public transport but allows smoking in the open space of a boat or other vessel." As a result, the regulatory status code "Smoking is Restricted" is given.

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

Government facilities

Smoking is Restricted
Analysis

The law prohibits smoking in “any buildings or other structures” with a few exceptions that likely include some types of government buildings. The law allows areas to be set aside for smoking in psychiatric facilities, palliative care facilities, and prisons. Because smoking is permitted in designated smoking areas in places that may be government-owned or operated, the regulatory status code "Smoking is Restricted" is given.

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

Private offices

100% Smoke Free
Analysis

The law prohibits smoking in “any buildings and other structures” with a few exceptions that do not include private offices.

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

Hospitals

Smoking is Restricted
Analysis

The law prohibits smoking in medical and pharmaceutical facilities. However, the law allows smoking rooms in psychiatric facilities and palliative care facilities. Therefore, the regulatory status code "Smoking is Restricted" is given.

Amendments under Law No. 3956-IS permit facility administrators to designate smoking areas on the "territories" of their facilities, which is understood to mean outdoor areas.

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

Residential healthcare facilities - public areas

Smoking is Restricted
Analysis

The law prohibits smoking in medical and pharmaceutical facilities. However, the law allows areas to be set aside for smoking that might include public areas of residential healthcare facilities, including psychiatric facilities and palliative care facilities. Therefore, the regulatory status code "Smoking is Restricted" is given.

Amendments under Law No. 3956-IS permit facility administrators to designate smoking areas on the "territories" of their facilities, which is understood to mean outdoor areas.

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

Non-residential healthcare facilities

100% Smoke Free
Analysis

The law prohibits smoking in buildings of medical and pharmaceutical facilities. The law allows smoking rooms in in-patient psychiatric facilities and palliative care facilities. However, because the exceptions apply to in-patient facilities only, the law is interpreted as prohibiting smoking in non-residential healthcare facilities.

Amendments under Law No. 3956-IS permit facility administrators to designate smoking areas on the "territories" of their facilities, which is understood to mean outdoor areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
Analysis

The law prohibits smoking in educational facilities and in other buildings intended for persons under 18.

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

Primary and secondary schools

100% Smoke Free
Analysis

The law prohibits smoking in educational facilities and in other buildings intended for persons under 18.

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
Analysis

The law prohibits smoking in educational facilities, including higher education institutions and vocational schools.

Amendments under Law No. 3956-IS permit facility administrators to designate smoking areas on the "territories" of their facilities, which is understood to mean outdoor areas.

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

Shops

100% Smoke Free
Analysis

The law prohibits smoking in “any buildings and other structures” with a few exceptions that do not include shops.

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

Cultural facilities

100% Smoke Free
Analysis

The law prohibits smoking in “any buildings and other structures” with a few exceptions that generally do not include cultural facilities. However, the law includes a very narrow exception for smoking during a performance by one actor/performer “in order to carry out the director's creative idea.” Given the very limited exemption that applies to the actor rather than the patrons, which generally ensures that the theater itself is smoke free, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
Analysis

The law prohibits smoking in stadiums.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas.

Restaurants

100% Smoke Free
Analysis

The law prohibits smoking in “any buildings and other structures” with few exceptions that do not include restaurants.

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

Bars/pubs/nightclubs

Smoking is Restricted
Analysis

The law prohibits smoking in “buildings and other structures” with a few exceptions that include cigar bars. As a result of this exception, the regulatory status code “Smoking is Restricted” is given.

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

Casinos

Smoking is Restricted
Analysis

The law specifically exempts casinos from the ban on smoking in “buildings and other structures.” In addition, the law exempts “slot machine saloons for which the license fee base does not exceed GEL 200 000 and where at least 20 slot machines are arranged.”

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

Hotels/lodging - public areas

100% Smoke Free
Analysis

The law prohibits smoking in “any buildings and other structures” with a few exceptions that do not include public areas of hotels/lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotels/lodging. For greater clarity, the law should define the term "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Hotels/lodgings - guest rooms

100% Smoke Free
Analysis

The law prohibits smoking in "any buildings and other structures” with a few exceptions that do not include guest rooms of hotels/lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to guest rooms of hotels.

Prisons/detention facilities - public areas

Smoking is Not Restricted
Analysis

The law prohibits smoking in “buildings and other structures” with a few exceptions, including penitentiary institutions and in the temporary placement center of the Ministry of Internal Affairs. Pursuant to Art. 10(1^4), the rules and conditions for smoking in penitentiary institutions shall be determined by the Ministry of Justice. It is uncertain whether such rules have been issued.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in d prisons/detention facilities.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
Analysis

The law prohibits smoking in public transit "except in the open space of a boat or other vessel.” Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
Analysis

The law prohibits smoking in public transit "except in the open space of a boat or other vessel.” The definition of "public transit" includes taxis. Therefore, smoking is prohibited in taxis.

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

Commercial aircraft

100% Smoke Free
Analysis

The law prohibits smoking in in public transit "except in the open space of a boat or other vessel.” Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

Smoking is Restricted
Analysis

The law prohibits smoking in in public transit "except in the open space of a boat or other vessel.”

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

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Analysis

The law prohibits smoking in “any buildings and other structures” with a few exceptions that include transit zones at airports. The law permits designated smoking rooms in transit zones.

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

Buildings and structures where flammable substances are stored

100% Smoke Free
Analysis

The law prohibits smoking in buildings and structures where flammable substances are stored.

Vehicle in which a minor is present

100% Smoke Free
Analysis

The law prohibits smoking in a vehicle (automobile) in which a minor is riding.