Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes
Playgrounds and outdoor public spaces used by children
Analysis
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 and notifies prefectural governors that “other facilities” includes “playgrounds.” This notification clarifies that “it is especially necessary to consider passive smoking prevention measures in public spaces that may be used by children, even if those spaces are outdoors.” However, the notification stops short of requiring outdoor public spaces used by children to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action.
At the national level, the language of the law is not obligatory and does not outright require a ban or restrictions on smoking in outdoor public spaces used by children, but rather “to try to take whatever steps are necessary.” Therefore, at the national level the law does not require that these areas are smoke free or even smoking restricted. In addition, there are no penalties associated with failure to comply with the provisions of the national law.
However, in practice, many playgrounds and public outdoor spaces used by children are smoke free. In addition, prefectural or city ordinances may prohibit smoking in outdoor areas used by children.
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 implements Article 25 and notifies prefectural governors that “other facilities” includes “outdoor stadiums.” This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it stops short of requiring such public places to be entirely non-smoking and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; therefore allowing designated smoking areas or no action at all.
The language of the national law does not outright require a ban or restrictions on smoking in outdoor stadiums, but rather “to try to take whatever steps are necessary.” Therefore, at the national level, the law does not require that outdoor stadiums are smoke free or even smoking restricted. In addition, there are no penalties associated with failure to comply with the provisions of the national law.
However, in practice, operators of outdoor stadiums may prohibit or restrict smoking. In addition, prefectural or city ordinances may prohibit or restrict smoking in outdoor stadiums.
