Last updated: July 29, 2023

Duties / Penalties

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

Post signs

Yes
Fine, Jail
Analysis

The law requires a person responsible for a public space or an outdoor space in which smoking is prohibited to display a notice of the smoking prohibition.

Failure to display a notice will subject the person responsible to a fine of not less than 1,000,000.00 Leones or imprisonment for a term not less than 6 months or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To more fully align, the law should provide for increasing fines and license suspension or revocation for repeated violations.

Remove ashtrays

No
N/A
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises and specify appropriate penalties for violations.

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

No
N/A
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking in a smoke free area and specify appropriate penalties for violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

A person who smokes in a no-smoking area is subject to a fine of not less than 1,000,000.00 Leones or imprisonment for a term not less than 6 months or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.