Last updated: August 17, 2021

Duties / Penalties

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

Post signs

Yes
Fine
Analysis

All closed public spaces and all closed workspaces, public and private, and public and private educational institutions, in addition to public transportation services and health services, are required to post notices with the international “No Smoking” symbol and the text: “No smoking. 100% smoke-free environment” (also in Guaraní). Posters must have a minimum size of 40 centimeters long by 20 centimeters wide, with a phosphorescent yellow background and the text in black letters.

The law places the duty to post signs on the relevant authorities of the public establishments; owners, managers, or people in charge of private establishments; owners, managers, or drivers of public transportation. They can request assistance to the National Police.

Non-smokers will have the right to demand that the owner, legal representative, manager, administrator, person in charge of the respective site or establishment order the violator to cease their behavior.

Violators shall be sanctioned with a fine equivalent to ten minimum daily wages to be applied to the owners or persons responsible.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on business owners, employers, or supervisors to post signs. However, to more fully align, the law or regulations should establish increased fines for repeat offenses.

Remove ashtrays

Yes
Fine
Analysis

All closed public spaces and all closed workspaces, public and private, and public and private educational institutions, in addition to public transportation services and health services, are required to have no ashtrays.

The law places the duty to remove ashtrays on the relevant authorities of the public establishments; owners, managers, or people in charge of private establishments; owners, managers, or drivers of public transportation. They can request assistance to the National Police.

Violators shall be sanctioned with a fine equivalent to ten minimum daily wages to be applied to the owners or persons responsible.

The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31. However, to more fully align, the law or regulations should establish increased fines for repeat offenses.

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

Yes
None
Analysis

Although the law does not specifically state that business owners, employers, or supervisors must take steps to require a person to stop smoking, the law imposes on them a general duty for “complying with or enforcing provisions of” the law. However, the law does not appear to impose sanctions for violation of this duty.

The law entitles non-smokers "to demand that the owner, legal representative, manager, administrator, person in charge of the respective site or establishment order the violator to cease their behavior."

To align more fully with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specify the take steps business owners, employers, or supervisors are required to take to require a person to stop smoking, and impose penalties for failing to take these steps

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Other

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

Analysis

Smokers who smoke where prohibited shall be punished by a fine equivalent to two minimum daily wages.

In addition, violators may be compelled to leave the enclosures or spaces and if they persist with their actions, they may be removed from the place with the help of law enforcement.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes higher penalties on business owners than on smokers (Art. 8 Guidelines para. 32). However, to more fully align, the law or regulations should establish increased fines for repeat offenses.