Last updated: June 1, 2020
Duties / Penalties
Post signs
Article 25 of the Health Promotion Act asks managers of certain enumerated public places and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.” HSB Notification 0025 advises prefectural governors on implementation of Article 25. This notification states that if a smoking area is established, non-smoking areas and smoking areas should be clearly labeled.
Neither the law nor the notification specifies the size or text of the sign or other details.
Because there are no penalties associated with failure to comply with the provisions of the notification, it is not considered a “duty” to post signs. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
Remove ashtrays
There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
There is no duty imposed upon business owners, employers, or supervisors to take steps to require a person to stop smoking. However, HSB Notification 0025 states that managers should “seek the understanding and cooperation” of patrons and visitors in smoke free areas.
A duty to take steps to require a person to stop smoking in a smoke free area should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
Not to smoke where prohibited
The national law does not provide for penalties if a person smokes in a smoke free area. Instead the notification merely states that managers should “seek the understanding and cooperation” of patrons and visitors in smoke free areas. However, prefectural and city ordinances may impose fines for smoking in smoke free areas.
A duty should be imposed upon smokers not to smoke where prohibited in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
