Last updated: August 1, 2022

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Available administrative sanctions include: warning; fine; temporary or final, full or partial closure of the establishment; and detention for up to thirty-six hours. Fines imposed may be up to 100 times the minimum general daily salary prevailing in the particular economic area for non-compliance with the provisions contained in GLTC Art. 26 (signage), doubling for repeat violations.

Size and text of signs are not specified. Article 44 requires the Secretariat to establish a complaint/inquiry/violations reporting line.

Remove ashtrays

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. (However, see below on the duty to place ashtrays outside points of access to 100% smoke free areas.) To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the persons responsible for the public place, workplace, and public transport should be required to remove ashtrays.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Fine from 1,000 up to 4,000 times the minimum general daily salary prevailing in the particular economic area for non-compliance with Art. 27 (setting up smoking areas) and Art. 28 (enforcement of smoke free areas by the person responsible for the 100% tobacco smoke free area), doubling for repeat violations. In addition, other available administrative sanctions include: warning; fine; temporary or definitive, and partial or total closure of the establishment; and detention for up to thirty-six hours.

Other

Yes
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Business owners, administrators, and supervisors have a duty to place an ashtray outside the points of access to the 100% smoke free area(s) and post signage inside and outside the area(s). Available administrative sanctions include: warning; fine; temporary or definitive, and partial or total closure of the establishment; and detention for up to thirty-six hours.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

Available administrative sanctions include: warning; fine; and detention for up to thirty-six hours. The fine may be up to 100 times the minimum general daily salary prevailing in the particular economic area for non-compliance with the provisions contained in GLTC Art. 26 (smoking where prohibited), doubling for repeat violations.