Last updated: September 17, 2019
Duties / Penalties
Article 6 of the law imposes a duty on business owners and managers to post no smoking signs at the entrance to buildings, inside buildings, and on vehicles. Decree No. 8431 specifies the contents and size of the signs and establishes where signs must be placed.
Article 15 of the law imposes a fine for violation of the duty to post signs in the amount of two to six times the minimum wage. A second offense is subject to imprisonment from one to six months, a fine of 10 to 20 times the minimum wage, or both. Violators are also subject to penalties set forth in Article 770 of the Penal Code. Any violator who tears, removes, or damages the signs is subject to a fine as set forth in Article 390 of the Penal Code.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the posting of no-smoking signs.
The law does not specify that business owners or managers have a duty to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should affirmatively impose a duty upon business owners or managers to remove ashtrays from smoke free premises.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not specify the steps that a business owner or manager must take to stop a person from smoking. However, the law imposes a fine of two to six times the minimum wage on business owners and managers if the no-smoking provisions of the law are violated intentionally, by negligence or by non-performance. A fine shall not be imposed on the business owner or manager if he informs the authorities of the violation. These provisions imply a duty to take action, including informing the authorities, if a person is smoking in a no-smoking premises.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to a duty to take steps to require a person to stop smoking.
Not to smoke where prohibited
The law imposes a fine of one-fifth the minimum wage on persons who smoke in places where smoking is prohibited.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to a duty not to smoke where smoking is prohibited.