This is a
list of smoking
bans by
country.[[Image:Smoking_bans.png|thumb|left|350px|Smoking bans
worldwide as of Jan 1, 2010:
Note: Countries with all subnational entities having a ban equates
to a nationwide ban here, such as for Canada and Australia]]
Bans
Argentina
A 2006 smoking ban in Buenos Aires city prohibits smoking in public
areas including bars and restaurants except if the bar is more than
100 m
2 where it is possible to have area for smoking
customers. Similar bans in other Argentine cities require bigger
establishments to provide a separate, contained area for smoking
customers. The rule is not nationwide.
Armenia
A law went into effect in March 2005 banning smoking in hospitals,
cultural and educational institutions and on public transportation.
On 1 March 2006 new rules came into effect requiring all public and
private institutions, including bars and restaurants, to allow
smoking only in special secluded areas. Absence of any legal
sanctions against those who violate the smoking laws have made them
completely ineffectual.
Australia
In
Australia smoking bans are determined
on a state-by-state basis. In chronological order by state:
- South Australia: Smoking prohibited in all indoor dining areas
since January 1999. Total enclosed public place smoking ban in
force since November 2007
- Western Australia: Incremental restrictions introduced from
January 2005 with a total ban on smoking in all enclosed public
spaces taking effect from July 2006
- Tasmania: Total indoor smoking ban in force since January 2006
. From January 2008 the ban was extended to include smoking in cars
with passengers under the age of 18
- Queensland: Comprehensive ban in effect since July 2006.
Smoking is prohibited in all pubs, clubs, restaurants and
workplaces, commercial outdoor eating and drinking areas, outdoor
public places, and within 4 metres of non-residential building
entrances
- Australian Capital Territory: A ban on smoking in enclosed
public places has been in effect since December 2006
- Victoria: : A ban on smoking in enclosed public places has been
in effect since July 2007
- New South Wales: A ban on smoking in all enclosed areas of
restaurants, licensed clubs and pubs came into force in July 2007.
In July 2008 the government announced plans to introduce new
legislation that will prohibit smoking in private cars that carry
children less than 16 years old.
- Northern Territory: The Territory government has announced its
long awaited timeframe for banning smoking inside clubs and pubs,
saying new restrictions will come into place from the start of
2010.
Austria
Austria has implemented several laws which limit or outlaw smoking
in certain areas:
- Smoking is prohibited in all offices with certain exceptions
such as bars, discos, restaurants etc. If all employees agree on
allowing smoking in a work place, smoking may continue.
- Smoking was banned from all trains and train stations when
Germany introduced such a ban in 2007.
- As of January 2009, a new law was put in place which mandates
all restaurants, bars, discos and pubs which are larger than 80m²
to introduce smoking rooms and non-smoking rooms. Below 50m² the
owner may opt to either be a smoking or non-smoking place, between
50m² and 80m² there is an option under certain circumstances. The
law provides for a very long transition phase. Despite a flood of
thousands of complaints especially in Vienna, the lack of control
by authorities and the vague language in the law as well as the
transition phase render the law virtually ineffective as of May
2009.
Bahrain
Bahrain outlawed smoking in public places on 27 February
2008.
Bangladesh
Smoking restricted in pubs, cafés, offices and other public places
since March 2005.
Belgium
- 2005: Companies should have implemented smoking plans to
discourage smoking.
- January 2006: Smoking prohibited in the work area.
- January 2007: Smoking banned in restaurants and bars, except in
the ones that serve "light meals" (e.g. cold meals, pizzas and warm
meals that are served with bread instead of french fries)
and have less of 30% of their sales from food servings.
Small bars are also not included in the ban. Most large bars, such
as concert venues, do little to enforce the ban.
- September 2008: Smoking no longer allowed in schools.
- January 2010: After a general smoking ban, including all types
of bars had been discussed, this has been watered down to a smoking
ban applying only when food is served.
Bermuda
As of October 1, 2006, all enclosed workplaces in Bermuda are
smoke-free, including restaurants, bars, private clubs and
hotels.
Bhutan
On 17 December 2004, a national ban on the sale of tobacco products
went into effect, but importing limited tobacco would still be
permitted with very heavy taxes. Smoking in all public places in
Bhutan became illegal on 22 February 2005. It thus became the first
nation in the world to outlaw this practice outright. However,
there is little enforcement. Cigarettes are widely smuggled, and
bars in the Bhutanese capital Thimphu are usually smoky.
The National Council decided on 10 July 2009 to lift the ban on the
sale of tobacco and tobacco products while discussing the tobacco
control bill.
The council, with a majority, agreed to delete the section C in
chapter three of the bill, which says, “No person shall sell
tobacco and tobacco products.” The council chairperson, Namgay
Penjore, said that they discussed including a new clause to control
the sale of tobacco and tobacco products through pricing.
Council members said that the ban on the sale was ineffective and
led to a black market. Some said tobacco was easily available
anywhere, but at exorbitant prices because of the ineffective
ban.
“The idea is to make tobacco expensive by imposing higher taxes,”
said the chairperson. The name of the bill is “Tobacco control
bill” and not ‘… ban’. “The change (deleting the clause) was to do
away with the thriving black market,” he said.
Meanwhile, the council also suggested inserting another clause
restricting the sale of tobacco products to youth below 18 years.
However, Namgay Penjore said the bill was still under discussion
and not endorsed. The bill will be submitted to the National
Assembly.
The sale of tobacco and tobacco products had been banned in the
country on December 17, 2004, following a resolution of the 87th
session of the National Assembly.
Bosnia and Herzegovina
The
Federation of
Bosnia and Herzegovina within the nation has banned smoking in
public buildings since 1 September 2007.
Brazil
In Brazil, smoking is forbidden in all enclosed public spaces, such
as shopping malls and libraries, except for specifically-
designated smoking areas. In restaurants there should be a non
smoking section but in reality most restaurants end up having
tables side by side, one for non-smokers and another where smoking
is allowed. Tobacco advertising is restricted to posters in
shops.
São Paulo, the most important Latin American state in economic
terms, became the first in Brazil to adopt the completest smoke
free law, being followed by Rio de Janeiro and Minas Gerais.. Under
the new regulation there will not be a smoking section in any place
around the state.
The law will become effective from August 7th 2009 with smoking
forbidden in all indoor and enclosed public spaces such as bars and
restaurants, clubs, shopping malls, movie theatres, banks,
supermarkets, bakeries, chemist shops, health places, government
offices and schools.
Also it will no longer be allowed on work and study places,
libraries, buses, cabs, commercial and residential common areas,
hotels and inns.
São Paulo government has graduated 500 specialised agents to make
sure the rule is respected at all times. The first team was trained
to measure how smoked the ambient is and warn smokers about the
risks for their health.
As soon as the new law becomes effective, anybody violating it will
be charged with a fine. Public sites can be punished with a maximum
fine of R$ 1.585,00 (Brazilian currency). If there is a second
infraction the site will be closed. According to surveys, 88% of
São Paulo’s habitants support the Smoke Free Law.
Canada
Smoking in indoor (and in some cases outdoors - see below by
province) workplaces and public places is banned in all
territories, provinces and in federally regulated buildings.
However, some jurisdictions allow specific exemptions to the
smoking ban.
Parliament has banned smoking in the federal government and in
federally regulated businesses, including places such as airports.
Smoking rooms are disallowed.
By province (east to west):
- Newfoundland and Labrador
: smoking has been banned in all public places,
including bars and bingo halls, since 2005, under the province's
Smoke-Free Environment Act.
- Prince Edward Island
has banned smoking in public places and workplaces
since 2003. Ventilated smoking rooms are allowed, however,
but food cannot be served in them.
- Nova
Scotia
: From 1 December 2006 onwards, smoking is banned in
public places, with the exception of special rooms in nursing homes
and care facilities. Tobacco products cannot be displayed
prominently in stores. From 1 April 2008, smoking in a car with
passengers under 19 inside is illegal.
- New Brunswick
has banned smoking in all public areas since
October 2004 and does not allow specially ventilated rooms.
Since January 1, 2009, tobacco products cannot be displayed
prominently in stores.
- Quebec
eliminated
designated smoking rooms and retail tobacco displays 31 May
2008. There has been a comprehensive ban on smoking in
public places, including bars and restaurants, since 2006.
- Ontario
banned
retail displays of tobacco in 2008. Since 2006, all
workspaces and enclosed spaces open to the public ban smoking.
Since January 21, 2009, smoking is banned in all vehicles if anyone
under the age of 16 is present.
- Manitoba
's
Non-Smoker's Health Protection Act has banned all smoking
in public spaces since October 2004. Non-smoking areas, or
specially ventilated rooms, are not allowed in bars and
restaurants.
- Saskatchewan
has had a smoking ban in public places since
January 1, 2005. The province reinstated 'shower curtain
law' (2005) requires shop owners to keep tobacco sales out of
sight. There are fines of up to $10 000 for violation of the
Tobacco Control Act which bans smoking in all public areas, indoor
and outdoor, including clubs for veterans. Saskatchewan's smoking
ban in private workplaces takes effect May 31, 2009.
- Alberta
has had a
public smoking ban since January 1, 2008 and a "shower curtain" (or
"powerwall") law requiring shop owners to keep tobacco sales out of
sight since July 1, 2008. The ban
includes smoking within 5 metres of doors, windows, and intakes.
The City of Calgary has legislated that bars and restaurants must
be smoke free (since 2007); in the city of Edmonton there has been
a smoking ban since 2005. As of 1 January 2009, cigarette sales in
Alberta have been banned in all stores containing a pharmacy as
well as post-secondary institutions, the final phase of the
province's Tobacco Reduction Act which started with the 1 January
2008 public smoking ban.
- British Columbia
's smoking ban, updated in March 2008, bans smoking
in all public spaces such as restaurants, pubs and private clubs,
offices, malls, conference centres, sports arenas, community halls,
government buildings and schools, and within a 3 metre radius of
doors, open windows and air intakes. Additionally, all
commercial displays of tobacco visible to people under the age of
19 was banned in public areas under the same legislation.
Ventilated smoking rooms are only permitted in nursing homes and
care facilities.
By territory (east to west):
- Nunavut
has banned smoking in public spaces since 1 May
2004, including bars.
- The
Northwest
Territories
banned smoking as of 1 May 2004, in all public
places and workplaces, including restaurants, bars, bingo and
bowling facilities, and casinos.
- The
Yukon
implemented a smoking ban on 15 May 2008. It
was the last of the provinces and territories to implement a
ban.
Chile
Chile bans smoking in schools, hospitals, government offices,
shopping centres, supermarkets, pharmacies, airports, buses, subway
networks and other indoor public places. Smoking in universities
indoors is banned, however, smoking is allowed outdoors.
Restaurants, with large eateries (over 100 m²) must have fully
partitioned nonsmoking sections. Smaller restaurants can choose
between being smoke free or being for smokers. The same with cafes
and pubs. Clubs, despite their size, are able to choose between
being smoke free or being for smokers, however, in practice all
clubs are "for smokers".
China
Shanghai
Municipality will ban smoking in hospitals, schools, air
and rail transport, cinemas and museums, and in banks and some
private business, and along Nanjing
Road, probably effective from the New Year, in preparation for
Expo
2010
which is to open May 1.
In
Guangdong
Province, the municipalities of Guangzhou
and Jiangmen
have banned smoking in public places, including
restaurants, entertainment outlets, schools, supermarkets, and
governmental offices on a trial run in 2007, however this is rarely
policed.
Hong Kong
has seen all public smoking banned from 1
January 2007 under the government's revised Smoking (Public
Health) Ordinance (Cap. 371), first enacted in 1982 with
several amendments subsequently. The latest amendment imposes the
ban on indoor
workplaces, most public places including restaurants, Internet
cafés, public lavatories, beaches and most public parks. On 1 July
2009, Bars, karaoke parlors, saunas and nightclubs also went
smoke-free. Smoking bans in lifts, public transport, cinemas,
concert halls, airport terminal and escalators had been phased in
between 1982 and 1997. The ban in shopping centres, department
stores, supermarkets, banks, game arcades has been in place since
July 1998.
An anomaly to the smoking ban are on cross-border trains between
Hong Kong and Mainland China as they are operated jointly between
MTR Corporation and the Chinese Railways, of whom the latter allows
smoking in the restaurant car and in the vestibules at the end of
the cars, but not in the seating area.
Any person who smokes or carries a lighted tobacco product in a
statutory no smoking area commits an offence and is liable on
summary conviction to a maximum fine of HK$5,000. Unlike many other
jurisdictions, Hong Kong does not place the onus on licensees of
liquor licensed premises to enforce smoking bans with subsequent
loss of licence for non compliance. A new law, to enter into force
in September 2009, provides for fixed-penalty arrangement
(HK$1,500) for smoking, on a par with that for littering. At the
same time smoking will be banned in designated public transport
interchanges, but the Government has yet to clarify how it will
enforce this against non Hong Kong ID card holders and tourists,
since the offender has 21 days after the ticket issue to pay up.
The overall daily smoking rate in Hong Kong is 11.8% (HK Department
of Census and Statistics Household Thematic Survey 36) with 25% of
males smoking whereas in China 63% of males smoke.
The government has mentioned a full-ban of tobacco import and
smoking is technically possible in Hong Kong upon the release of
the budget in 2009. However, as the decreasing daily smoking rate
in recent years mainly due to increasing tobacco tax, the
government currently has no further plans to control sales of
tobacco other than by adjusting taxation.
Colombia
In summer 2009, Colombia has extended its existing tobacco control
regulations by requiring all indoor work places and public places
be immediately smoke-free;prohibiting tobacco advertising,
promotions and sponsorship, and the use of terms such as ‘light’
and ‘mild’ on packaging, requiring large, pictorial health warnings
on tobacco packaging (covering 30 per cent of the front and back)
within a year, preventing the sale of tobacco products to minors;
and mandating public education programs on the deadly effects of
tobacco use.
Croatia
On 22 November 2008 the Croatian Parliament passed legislation
prohibiting smoking in public institutions such as hospitals,
clinics, schools, nurseries and universities with infractions
punishable with up to 1000
kuna (140 euros). A
noteable exeption in the Act are psychiatric wards in Croatia's
hospitals. The ban went further in May 2009 since when smoking was
in all enclosed public areas including bars, restaurants and cafes.
The smoking ban applies to all public areas where non-smokers could
suffer from secondhand smoking including open public areas like
sport stadiums, arenas, open air theatres, tram and bus stations
etc.It is estimated that 30 percent of Croatia’s adult population
are smokers. On September 10 2009 the ban on smoking in bars and
cafes in Croatia was partially repealed, local media has reported.
Proprietors with establishments that are up to 50 sq m will now be
able to choose whether to allow smoking. Larger establishments will
have to include a designated and separately ventilated smoking
area
Cuba
Cuba has banned smoking in most work places, cigarette machines
removed and it has been illegal to sell tobacco products close to
schools since February 2005.
Cyprus
On July 9, 2009 |Cyprus| passed a new law, tightening up
ineffective 2002 legislation, that will ban smoking in bars,
restaurants, nightclubs and workplaces effective January 1,
2010..
Czech Republic
Currently, there is a law in force that bans smoking in all public
places such as institutions, hospitals, bus stops and other public
service stops, but not in restaurants, bars and clubs. Every
restaurant must have separated room for non-smokers. Not everyone
has it and there is very limited controls for this matter. In June
2009 parliament approved a bill regulating smoking in public
places. Only change is that bars and restaurants where smoking is
allowed should have a sign posted. Czech Republic thus remains one
of the few countries of European Union where smoking in bars and
restaurants is based on the discretion of owners. Many Czech
parliament members are smokers and are highly resistant to change
the law.
Denmark
Since 15 August 2007, smoking in hospitality facilities,
restaurants, bars, clubs, public transport, and all private and
public workplaces has been banned. Exemptions to the law are bars
with a floor space less than 40 m² and offices only used by a
single employee. Separate smoking rooms are allowed in hospitality
facilities as long as no food or beverage is served there. The law
has caused much controversy and is as of November 2007 not fully
enforced.
Freetown Christiania
is exempt from the ban. The law is set for
revision in 2009.
Estonia
Smoking has been banned within indoor public areas and workplaces
since 4 June 2005, except in restaurants. Later a ban on smoking in
bars, restaurants, coffee shops and nightclubs started on 5 June
2007 (however still allowed in isolated smoking rooms).
Faroe Islands
Smoking banned in all enclosed public spaces 1 July 2008.
Finland
Smoking has been banned in indoor public areas and workplaces from
1 March 1995, except in specially designated
smoking rooms; restaurants were included in
2007. Legislation aimed towards voluntary prevention of secondary
smoking was enacted, but it was not successful. Few establishments
installed ventilation systems capable of eliminating secondhand
smoke. Dividing a restaurant into a smoking and non-smoking section
was also an ineffective measure. Thus, smoking has been banned in
all indoor public and workplaces, including bars, cafes, clubs and
restaurants from 1 June 2007, except in those places which have
been permitted a transition period of up to two years. Smoking in
bars and trains is still allowed in enclosed smoking booths, where
you can't serve or take any food or drink. Many smaller bars have
not been able to build such smoking booths and patrons have to
smoke outside. The bans are respected by the general
population.
France
France
, on 1
February 2007, tightened the existing ban on smoking in public
places found in the 1991 Évin law, which
contains a variety of measures against alcoholism and tobacco consumption. It is
named after
Claude Évin, the
minister who pushed for it. The law leaves certain important
criteria on what is allowed or not with respect to smoking sections
to executive-issued regulations, and it is those regulations that
were altered in 2007.
Smoking is now banned in all public places (stations, museums,
etc.); an exception exists for special smoking rooms fulfilling
strict conditions, see below. However, a special exemption was made
for cafés and restaurants, clubs, casinos, bars, etc. until 1
January 2008, although the French government allowed a day of
reflection on New Year's Day. Opinion polls suggest 70% of people
support the ban.
Under the new regulations, smoking rooms are allowed, but are
subjected to very strict conditions: they may occupy at most 20% of
the total floor space of the establishment and their size may not
be more than 35 m²; they need to be equipped with separate
ventilation which replaces the full volume of air ten times per
hour; the air pressure of the smoking room must constantly be lower
than the pressure in the contiguous rooms; they must have doors
that close automatically; no service can be provided in the smoking
rooms; and cleaning and maintenance personnel may enter the room
only one hour after it was last used for smoking .
Previously, under the former implementation rules of the 1991 Évin
law, restaurants, cafés etc. just had to provide smoking and
non-smoking sections, which in practice were often not well
separated. In larger establishments, smoking and non-smoking
sections could be separate rooms, but often they were just areas
within the same room.
A legal challenge against the new regulations was filed before the
Conseil d'État in 2007,
but was rejected.
Germany
With some of Europe's highest smoking rates, Germany's patchwork of
smoking bans continue to be contested.
In
Berlin
, the
non-smoking law came into effect on 1 January 2007. The
Federal Constitutional Court ruled on the legislation at the end of
July, and decided that small bars (often called corner bars) were
at a disadvantage in the legislation, as they could not provide a
separate smoking area. The senate must now submit a new law by the
end of 2009. In the transition period, smoking is permitted in bars
under certain conditions (provided it is not larger than 75 square
metres and has only one guest room). In addition, the bar may not
serve meals (only snacks), may not allow minors to enter and must
post a sign saying that the bar is for smokers. In practice, the
smoking ban is generally observed in cafés, theatres and
restaurants (where food is served), but not in bars. Clubs and
discos must, officially, have a separate smoking room, but as
controllers do not work past 10pm, these laws are not
enforced.
In August
2007, the states of Baden-Württemberg
and Lower
Saxony
banned smoking in restaurants, bars and
clubs. In October 2007 Hesse
also passed
a law with similar regulations. Most of the other German
states followed in January 2008, though many of these bans still
allow smoking in separate ventilated rooms.
Certain
states, North
Rhine-Westphalia
being one, were given a reprieve, and the
imposition of the ban was extended to 1 July 2008. However
since then, many bars are attempting to make themselves smoking
"clubs", whereby the members sign up, and are allowed to smoke.
Whether this tactic will succeed long term remains to be
seen.
Bavaria
pretended to have the strongest non-smoker rules,
however there was a loophole allowing for smoking in "private
clubs" and the subsequent changing of thousands of bars into
"private clubs" made the law ineffective. Nevertheless,
discontent against the new rules was blamed for the disappointing
electoral results of the long-time leading party - CSU - in the
2008 election. Using this pretext, new rules allowing for more
smoking in bars and restaurants have been introduced. However, a
call for a referendum by opposition parties and NGOs succeded in
collecting the necessary signatures for launching the Bavarian
referendum procedure. This procedure consists of three steps:
private collection of signatures in the streets (validated),
official collection of signatures in townhalls (from 19 November
2009 to 2 December 2009) and eventually the referendum proper. The
referendum calls for a smoking ban in all bars and restaurants,
without the previous loopholes.
After the 2009 election in the state of Saarland, the Green party
became indispensable for both possible coalitions (either SPD-The
Left-Greens or CDU-FDP-Greens). The Green party made a ban in all
bars and restaurants one the conditions for negotiations with any
party and eventually the coalition treaty of the now governing
CDU-FDP-Greens coalition stipulates that the smoking ban shall be
extended to all bars an restaurants.
In the city-state of Hamburg negotiations within the governing
CDU-Greens coalition are still going on.
Smoking is banned on public transport, hospitals, airports and in
public and federal buildings, including the parliament.
In February, 2009,
Der Spiegel reported
that the smoking bans in bars are being very weakly controlled by
the authorities, and in many places the ban is not observed at
all.
Greece
Since older legislation was not very efficient a new, stricter law
was passed. Effective from July 1, 2009, this law bans smoking
and consumption of tobacco products by other means, in all
working places, transportation stations, in taxis and passenger
ships (in trains, buses and airplanes smoking is already
prohibited), as well as in all enclosed public places including
restaurants, night clubs etc. Small establishments (of
entertainment) under 70 m
2 - total - area will have the
option to be designated as "smoking areas". In larger
establishments, separate enclosed smoking rooms with special air
conditioning can be created. Up to 30% of the area (or 40% for
night clubs with live music) could be designated as a smoking area
which would have to be separated with a door from the rest of the
establishment and have separate ventilation systems (at night clubs
with live music the smoking area still has to have a separate
ventilation and air-conditioning system, but the separation from
the non-smoking area can be achieved with a 2m high wall and a
special "air-curtain" in order for the smoke not to pass to the
non-smoking section.The Minister of Health, Dimitris Avramopoulos
has confirmed however that the Government might impose a total
smoking ban after six months of evaluation of the current law, on
December 2009, if restaurant, club and pub owners are found not to
comply with the current law's provisions.A special website (
www.smokestop.gov.gr) and a telephone hotline for
information as well as citizens to report any violations of the new
law (tel: 1142) along with an extensive media campaign have been
created to promote the July 1st smoking ban in Greece.
Guatemala
Complete ban: Smoke-free legislation covering all types of places
and institutions. Smoke-free in Health-care facilities and
Governmental facilities
Guernsey
Smoking
was banned in all public places in the British
Crown dependency of
Guernsey
, including workplaces, bars, clubs and restaurants,
on 2 July 2006, under the "Smoking
(Prohibition in Public Places and Workplaces) (Guernsey) Law
2005". Anyone who breaks the law, upon conviction,
could be fined up to the maximum of £1000 (~€1090, ~$1370). Smoking
is allowed anywhere outside and in whatever company. The
neighbouring Channel Island of Alderney passed enabling legislation
which became law in October 2009 and would allow swift introdution
of a ban, but in the face of public demonstrations has shied away
from doing so. Smoking in indoor public places remains legal in
Alderney and also on Sark.
Hong Kong
Hungary
In 2009, a proposal to ban smoking in most public places including
restaurants, bars, etc. was placed on hold
Iceland
Smoking and the use of other tobacco products is banned in most
public spaces in Iceland. This includes all enclosed spaces in
common ownership, all public land intended for use by children, all
public transport and all services; including restaurants, bars,
clubs and cafés.
India
A nationwide ban on smoking at the workplace and in restaurants,
hotels, pubs, public transport (buses, trains and metros), airports
and railway stations, educational institutions, cafes, theatres and
other public places came into effect from 2 October 2008. Smoking
in open areas like roads, parks etc. and inside one's home and car
is however allowed. Smoking is also permitted in designated smoking
areas in restaurants, bars and pubs. Though most bars, pubs and
restaurants do not provide this facility. Anybody violating this
law will be charged with a fine of Rs 200(INR).
In 2007, Chandigarh
became the first city in India
to become
'smoke-free'. However despite there being some difficulties
and apathy by the authorities the Smoke-Free Chandigarh ban has
been a success story. Taking a cue from the Chandigarh's success,
cities like Shimla are also now following the Smoke-Free Chandigarh
model to become smoke-free. The success of Chandigarh has been
widely recognised and the architect of smoke-free Chandigarh
Hemant Goswami. was also awarded the
Global Smoke-Free Partnership Award for the initiative.
The state
of Kerala
also had
implemented a more relaxed ban on public smoking earlier though it
was never properly followed. However since the nationwide
ban, it is being enforced more strictly.
Indonesia
In
Jakarta
's restaurants, hotels, office buildings, airports
and public transport,and overall public areas smoking is
banned. Restaurants who want to allow smoking have to
provide a separate smoking space starting 4 February 2006. Like
many Asian nations, it remains to be seen whether it can be
enforced or not. Building separate facilities for smokers has only
taken place in half of establishments by June 2007.
Ireland
The Republic
of Ireland
became the first country in the world to institute
an outright ban on smoking in workplaces on 29 March 2004.
From that date onwards, under the
Public Health (Tobacco)
Acts, it has been illegal to smoke in all enclosed workplaces.
The ban is strictly enforced and includes bars, restaurants, clubs,
offices, public buildings, company cars, trucks, taxis and vans -
and within a three meter radius to the entrances of these
locations. €3000 is the maximum fine on the spot, while a prison
sentence can also be given at a later time for violators. The law
does not apply to prisons, nursing homes, psychiatric wards and
some hotel rooms.
Stadia like Croke Park
also ban smoking anywhere in the
grounds.
Before the total ban, smoking was already outlawed in public
buildings, hospitals, schools, restaurant kitchens, and on
aircrafts and some trains (Intercity trains provided smokers'
carriages) .
Premises must display a sign to inform patrons of the ban (in Irish
or English), and the contact person for any complaints. A workplace
can be fined €3,000 for each person that is found smoking (this
means €15,000 for 5 people in violation). Smoking rooms are not
allowed. Any shelter's surface must have at least 50 per cent
uncovered. There is also a
Compliance Line set up by the
Office of Tobacco Control,
that people can call to report people smoking in a workplace or
retail outlets selling tobacco to under-18s.
On 18 July 2008, Irish
Fine Gael MEP
Avril Doyle proposed in a committee in
the European Parliament, that she would like to see an EU-wide ban
on cigarettes and cigars by 2025.
On 1 July 2009, Ireland banned in-store tobacco advertising and
displays of tobacco products at retail outlets and new controls on
tobacco vending machines (limiting them to being token-operated in
registered bars and clubs only) were also introduced. At the same
time a ban on the sale of packets of 10 cigarettes was introduced.
Tobacco advertising had already been from radio, television and on
billboards beforehand. The changes now mean that tobacco products
must now be stored out of sight in closed containers behind the
counter (accessible by retail staff only) and customers can be
shown a card showing all available brands in a pictorial list if
they wish to purchase cigarettes. Signs must also be shown
informing customers that tobacco is sold at the premises. Ireland
was the first country in the EU and third in the world (after
Canada and Iceland) to introduce such measures, which are
punishable with a fine of €3,000 and/or a six month prison
sentence. However, specialist tobacco shops (of which there are
less than six) are exempt from the new rules; all retailers selling
tobacco must register with the
Health Service Executive and the
new laws will be enforced by environmental health officers.
Isle of Man
The Isle
of Man was the last part of the British Isles
to introduce a smoking ban, save for the Crown
dependency of Sark
where it
remains legal, with a similar ban to the one introduced in
England. The ban came into effect on 30 March 2008.
The smoking ban also saw Europe's first smoke-free prison.
Israel
In
Israel
it is
forbidden to smoke in public closed places since 1983. The
law was amended in 2007 so that owners are held accountable for
smoking in premises under their responsibility. The ban includes
cafès, restaurants discos, pubs and bars, and it is illegal for
owners of such places to put ashtrays anywhere inside closed
spaces. Also, owners of public places must put "no smoking" signs
and prevent visitors from smoking. They can also designate a well
ventilated and completely separate area for smokers, as long as the
non smokers area does not fall below 75% of the whole area. The
fine for owners of public places is
₪ 10,000 (around
US$2,800) and for smokers - ₪ 5000.In spite of this, the
smoking bans in Israel are not effective and smoking remains
extremely prevalent in public places, especially bars and
clubs.
Italy
Italy
was the
fourth country in the world to enact a nationwide smoking
ban. Since January 10, 2005 it is forbidden to smoke in all
public indoor spaces, including bars, cafès, restaurants and
discos. However, special smoking rooms are allowed. In such areas
food can be served, but they are subjected to strict conditions:
they need to be separately ventilated, with high air replacement
rates; their air pressure must constantly be lower than the
pressure in the surrounding rooms; they must be equipped with
automatic sliding doors to prevent smoke from spreading to
tobacco-free areas; they may occupy at most 50%of the
establishment. Only 1% of all public establishments have opted for
setting up a smoking room.
Surprisingly, the ban has become highly popular. It is strictly
enforced and respected by the general population.
Some of these restaurants and bars did find a loophole. It is
indeed allowed to smoke outdoors, which means that since Italy has
sunny weather more than half of the year, people can still smoke at
restaurants and bars as long as they sit on the outside tables; And
in winter, the establishment simply covers the outside tables with
plastic sheeting, so that, they are legally still outdoors, even
though they are technically indoors. and people can still smoke
there, as in a separate designated smoking area.
Japan
Although there are no consistent nationwide smoking bans in Japan
and all moves to introduce such laws are strongly opposed by the
powerful
lobby groups, there are a growing
number of local ordinances banning smoking. Smoking is forbidden on
the streets of the
Chiyoda,
Shinagawa,
Shinjuku and
Nakano wards of Tokyo for reasons of
child safety (not health). Smoking is banned on most public
transport and on many train station platforms, however enforcement
mechanisms such as fines remain absent.
Kanagawa
prefecture
has announced plans for the first public smoking
ban. Although still relatively few, there is a growing
number of private businesses implementing smoking bans in
restaurants, taxis, buildings and bars.
Jersey
Smoking
is restricted in public places in Jersey
(a British Crown
dependency).
The
Restriction on Smoking (Jersey) Law 1973 enabled the
States of
Jersey
to pass regulations prohibiting or restricting
smoking in places of entertainment and public transport. In
pursuance of this law, smoking was banned on public transport by
the
Smoking (Public Transport) (Jersey) Regulations
1982.
The
Restriction on Smoking (Jersey) Law 1973 was amended
by the
Restriction on Smoking (Amendment No. 2)
(Jersey) Law 2006 adopted 16 May 2006 which enabled the States
to make regulations to prohibit or restrict smoking tobacco or a
substance (or a mixture of substances) other than tobacco, or the
use of tobacco, in a workplace or other defined places.
Kazakhstan
Kazakhstan partially banned smoking in public places on April 1,
2003. A full ban was instituted in September 2009.
Kenya
Smoking
in public indoor areas is banned in Nairobi
, Kenya since July 2007. Small private bars
will be exempted.
Mombasa
already has a similar preexisting ban on
smoking.
Lithuania
Smoking has been banned in restaurants, bars, places where food is
served, clubs (except for special cigar and pipe clubs), and
nightclubs since 1 January 2007. Furthermore, smoking on public
transportation is forbidden except on long-distance trains with
special facilities. The ban is well respected, at least in the main
cities.
Luxembourg
Smoking is banned in all indoor public places, like hospitals,
shopping centres, schools and restaurants. However, cafés and bars
that only serve snacks are exempt from the law. There is a smoking
prohibition from 12 noon to 2pm and 7pm to 9pm in cafés in which
meals are served.
Macedonia
Smoking will be banned in bars and restaurants, starting January 1,
2010.
Madagascar
By official law, smoking is prohibited in
taxi-brousses,
but it is not enforced. The only places where they banned smoking
is at Antananarivo International Airport and on Air Madagascar
flights.
Malta
In April 2004, smoking was banned in all enclosed public spaces,
including public transportation, clubs and restaurants although
smoking areas are allowed.
Malaysia
In all, 19 areas are banned, including hospitals/clinics, public
lifts and toilets, air-conditioned restaurants, public transport,
government premises, educational institutions, petrol stations,
Internet cafes and shopping complexes. However, enforcement is an
issue, and the government plans to get tougher on offenders.
Mexico
Smoking in hospitals and airports has been banned for at least 15
years. Smoking is allowed in designated areas at the Cancun
Airport. Mexico City's current smoking policy, passed in April
2004, requires physically separate smoking and non-smoking areas,
and for non-smoking areas to make up at least 30% of all space in
restaurants and bars. A proposal debated early in 2007 to extend
Mexico City's smoking policy into a complete ban for all
restaurants, bars, schools, taxis, and buses, did not pass. . It
was proposed again in the middle of 2007.
Since April 2008 the law has covered Mexico City, and since August
28, 2008 the law has been extended nationwide.
Advertisement of tobacco products has been banned from T.V. and
radio for roughly 6 years.
Monaco
There has been a ban on smoking in Monaco since 1 November 2008,
but does not extend to bars, restaurants and nightclubs.
Montenegro
Smoking in public places is banned in Montenegro. The ban also
forbids smoking advertising and the display of people smoking on
television.
Mozambique
Since 2007, smoking has been banned in indoor public places
including public transport, government buildings, schools,
hospitals, libraries, cinemas, theatres, restaurants and bars, with
the exception of specially designated smoking rooms.
Namibia
On October, 8th 2009, the Namibian National Assembly adopted the
Tobacco Products Control Bill, one of the most comprehensive
Smoking Bans in the World. The law, once in force will ban "the
smoking of tobacco in a public place, any outdoor public place or
any area within a certain distance of a window, ventilation inlet,
door or entrance". The BIll still has to go through review by the
National Council.
Netherlands
The sale of tobacco to persons under 16 is illegal. Smoking of
tobacco is prohibited by law in all public buildings and in public
transport. As of January 1, 2004 every employee has the right to
work in a smoke-free environment. Tobacco legislation states that
employers are obliged to take measures to ensure that employees are
able to carry out their work without being bothered or affected by
smoke from others.
On January 1, 2008 Amsterdam
Airport Schiphol
became the first European airport with a total
smoking ban. Since July 1, 2008 the smoking ban also applies
to all hotels, restaurants, bars and cafes in The Netherlands.
Separate smoking rooms are allowed in hospitality facilities as
long as no food or beverage is served there. All forms of tobacco
advertising, promotion or sponsorship are prohibited.
New Zealand
The first
building in the world to have a smoke-free policy was the Old
Government Building
in Wellington, New Zealand
in 1876. This was over
concerns about the threat of fire, as it is the second largest
wooden building in the world .
New Zealand passed an amendment to the Smoke-free Environments Act
1990 law on 3 December 2003 (effective in
2004)
which covers all indoor public workplaces and inside hospitality
venues (pubs, bars, restaurants and casinos). Studies have shown
very high levels of compliance with the law. Also the air quality
inside hospitality venues is very good compared to similar settings
in other countries where smoking is still permitted. In New
Zealand, tobacco cannot be sold to anyone under 18.
Outdoor smoke-free laws cover the grounds of all schools, the
grounds of some hospitals, stadiums and two university campuses
(Massey University, and the University of Auckland, in 2010). The
government has not moved to restrict smoking in cars but has run
mass media campaigns that promote smoke-free cars and homes.
There are also increasing numbers of local councils implementing
educative smokefree policies. South Taranaki District Council was
the first. In May 2005 the Council made its playgrounds, parks and
swimming pools smokefree, as well as ensuring that all Council
events held in South Taranaki parks were to be promoted as
smoke-free events. At least 20 of New Zealand's other Councils have
followed suit. (Source: www.smokefreecouncils.org.nz).
On 5
September 2007, Action on
Smoking and Health (ASH) New Zealand
called for the removal of tobacco from sale by
2017.
Niger
A decree
banning smoking in public places in Niger
was issued
in September 2008. Fines range from 5,000 to 1 million
CFA francs, whilst there is also the
possibility of a prison term.
Nigeria
Smoking
is prohibited in public places in Nigeria
and is punishable by a fine of not less than N200
and not exceeding N1000 or to imprisonment to a term of not less
than one month and not exceeding two years or to both such fine and
imprisonment.
Norway
In
Norway
, smoking
has been banned in public buildings and in private buildings that
are open to the public (like restaurants, bars, cafes) since 1 June
2004.
Pakistan
The Prohibition of Smoking and Protection of Non-Smokers Health
Ordinance-2002 came into effect on June 30, 2003.The law had the
following aspects:Ban on tobacco use in public buildings and
transportation,Limiting tobacco advertising,banning tobacco sale
within 50 meters from educational institutions, andrequiring “no
smoking” signs displayed in public places.
In actual practice, implementation of the ordinance is virtually
non-existent.
Peru
In
Peru
, it is nominally illegal to smoke in any public
place (indoors), according to Law 25357. The ban is normally
not enforced.
Philippines
Davao
has banned
smoking in a large number of public places, including public
buildings, entertainment venues, hospitals, shopping malls,
concerts since 2002. Smoking at gasoline stations is also
banned.
Manila
has banned
smoking in large public areas like hospitals, malls, public
transport, as well as Makati
in 2002
Ordinance 2002-090, banning all public transport and enclosed
indoor smoking.
Portugal
On May 3,
2007, the Portuguese
parliament made a law banning smoking in all public
places, except when proper air-ventilation systems are
provided. It went into effect January 1, 2008. Smokers who
break the law face a fine of up to €1000 (~US$1300) and
establishments that break the law will face a fine of up to €2500
(~US$3400). The legal age to purchase tobacco is 18.
Puerto Rico
The Law Num. 40 from 1993, the
Law to Regulate the Smoking
Practice in Public Places, and its later 1996 amendment Law
133, regulate smoking in private and public places. The most recent
modification established in [March 2, 2007], Law 66, amended
articles 2, 3, 4, 5, 6, 9 and 11 of Law Num. 40, forbids this
practice inside jails, pubs, restaurants (including open-air
terraces with one or more employees), bars, casinos, workplaces,
educational institutions, cars with children under age 13 and most
public places. Smoking sections are not allowed. Fines start at
$250.
Qatar
The
capital of Qatar, Doha
banned
smoking in public or closed areas in 2002. The law
discouraged shopkeepers from selling to under-aged people and
completely banned tobacco advertisements in the country and
punished violaters with hefty fines. However, the law is openly
flouted especially by the youth.
Romania
Since January 1, 2009, restaurants, cafes, bars and clubs can only
allow smoking in clearly delimitated smoking areas, which need to
be completely separated from non-smoking areas and fitted with
adequate ventilation. Smoking areas cannot constitute more than 50%
of the total floor area of the venue.
Russia
Russia does not yet have a smoking ban in force, however there is
some proposed legislation in the Duma.The legislation, passed by
the State Duma 406-0, bans smoking in workplaces, on aircraft,
trains and municipal transport as well as in schools, hospitals,
cultural institutions and government buildings. It requires
specially designated smoking areas to be set up and also requires
restaurants and cafes to set up no-smoking areas. Russia's no
smoking bill must go through two more readings in the Duma before
being sent to the Federation Council for approval and to President
Dmitry Medvedev for his signature.
Singapore
Smoking was banned in hawker centres, coffee-shops, cafes and
fast-food outlets beginning 1 July 2006. For establishments with an
outdoor area, 10-20% of the area can be set aside for smoking,
although they would have to be clearly marked to avoid confusion.
Gradually, the ban has been extended to bus interchanges and
shelters, public toilets and public swimming complexes.
On 1 July 2007, the ban was extended to entertainment nightspots.
The rule allows for the construction of designated smoking rooms
which can take up to 10% of the total indoor space.
On 1 January 2009, the ban was extended to all children's
playgrounds, exercise areas, markets, underground and multi-storey
carparks, ferry terminals and jetties. It was also extended to
non-air conditioned areas in offices, factories, shops, shopping
complexes and lift lobbies.
Smokers found flouting the rules are fined
S$200
while the owners of the establishments are fined S$200 and S$500
for a subsequent offence.
Serbia
In Serbia, smoking is prohibited in some enclosed public spaces
such as hospitals since 2005 but the ban does not cover
restaurants, bars, internet cafes, etc.
Slovenia
On 22 June 2007, the Slovenian National Assembly approved a law
prohibiting smoking in all indoor public and work places, effective
5 August 2007. Exempted from the ban are "open public areas,
special smoking hotel rooms, special smoking areas in elderly care
centres and jails, and special smoking chambers in bars and other
work places.The smoking chambers, which will have to meet strict
technical standards, will however not be allowed to occupy more
than 20% of an establishment." The law also raised the minimum age
to purchase tobacco products from 15 to 18 and mandated that
tobacco labels carry the telephone number of a quit-smoking
hotline.
South Africa
The
South African
Government passed the first
Tobacco Products Control Act in
1993 and started implementing the act in 1995. The act regulated
smoking in public areas and prohibited
tobacco sales to people under the age of 16. Some aspects of
tobacco advertising was also
regulated for example labelling. The 1993 act was not considered to
be comprehensive enough and the Tobacco Products Control Amendment
Act was passed in 1999. This act bans all advertising and promotion
of
tobacco products, including
sponsorship and free distribution of
tobacco products. The act also restricts smoking in public places
which includes the workplace, restaurants and bars and public
transport. The act also stipulates penalties for transgressors of
the law, and specifies the maximum permissible levels of
tar and
nicotine. The
regulations were implemented in 2001.
The government proposed further amendments to the bill in 2007
which will seek to deal with new practices designed to circumvent
the provisions of the Act. These amendments will also aim to bring
the current law into
compliance with the
World Health Organization Framework Convention on Tobacco
Control (FCTC). This framework has been
ratified by the
South African government.
The South African government is currently looking at increasing the
minimum legal age for smokers to 18.
Spain
As of 1 January 2006 Spanish law bans smoking in offices, shops,
schools, hospitals, cultural centres and on public transport,
including stations and airports. The law also states that
restaurants and bars over 100 m² can designate a smoking area, but
that it has to be physically separated and may occupy at most 30%
of the total floor space of the establishment. Establishments
smaller than 100 sq.m. may choose whether to allow or to prohibit
smoking (most have allowed it). Additionally, the law prohibits the
sale of tobacco products to persons under 18 years of age and
limits the places in which tobacco can be sold.
Months
later, the Community
of Madrid
established an illegal decree which states that
restaurants over 100 m² are not required to make complete physical
separation of the smoking and non-smoking areas. In January
2009, the High Court in Madrid overturned this decree however the
regional government presided by the conservative politician,
Esperanza Aguirre, has not yet taken measures to enforce the law.
According to the Spanish non-smoking party, 'Partido de los No
Fumadores (PNF), the Madrid region has failed to implement a
satisfactory regime of inspections and the vast majority of bars
and restaurants flout the law. The PNF has so far reported more
than 2.500 bars and restaurants for failing to comply with the law.
Three other
autonomous
communities established decrees decrees watering down the law,
so that smoking areas are only required to be separated with
ventilation systems.
See Spanish Antismoking
Law.
Since
Spain
is a somewhat decentralised country, a few
autonomous communities, such as Madrid
, Valencia
, La
Rioja
, and Balearic Islands
, have started an official but undeclared boycott of the Law, approved in the Spanish Parliament by unanimity. These communities are also using
the
courts to even make the law lighter,
something impossible as the smoking ban law is a
Spanish Basic Law that can't be modified
by local or autonomous governments.
A new, stricter law has been announced by the government, for the
Spanish EU-Presidency. Latest reports say the law will be in force
as early as January, 1st, 2010.
Sweden
In Sweden, smoking was banned in restaurants, cafes, bars and
nightclubs in June 2005. Smoking rooms are, however, allowed in
these institutions. The smoking rooms contains a few restrictions;
no serving or consumption of food or beverages are allowed in the
smoking rooms and it may not cover more than 25% of the
institution's total area. The ban was very popular amongst the
population and even the industries affected. In January 2008,
The Swedish Prison
and Probation Service banned smoking indoors in prisons.
Switzerland
The
Swiss Federal Assembly
enacted a law for the protection against passive smoking in 2008.
It prohibits smoking in enclosed, publicly accessible areas and in
rooms that are workplaces for several persons. There are exceptions
for bars and restaurants, which may allow smoking in separate,
ventilated rooms or in establishments smaller than 80 square
meters, but the federal statute allows for more stringent cantonal
smoking bans.
The federal legislation will enter into force after the
Swiss Federal Council has decided upon
the implementation regulations. Until that time, each
canton determines its own smoking
laws.
As
of June 2009, all cantons with the exception of Appenzell
Innerrhoden
, Glarus
, Jura
, Obwalden
and Schaffhausen
have banned smoking in enclosed public areas
(although restaurants are exempt in Lucerne
and Nidwalden
). The details of the restrictions vary
somewhat, and in several cantons the bans will not enter into force
until some time between 2009 and 2012.
The ban in Geneva
will come into force on October 31st
2009.
Taiwan
Smoking is prohibited in the following places:
- schools under the level of senior high school and other places
in which the main purpose is to provide education or a venue for
activities to children and teenagers
- the indoor places of colleges or universities, libraries,
museums, art galleries, and other institutions for cultural or
social education
- the places of medical treatment centers, nursing institutions,
other medical institutions, and social welfare organizations, with
the exception of the indoor smoking rooms of welfare organizations
for the elderly with independent ventilation systems and that are
completely separated from the non-smoking areas (rooms), or the
outdoor places of said social welfare organizations for the
elderly
- the indoor places of governmental agencies and state-owned
enterprises
- mass transportation vehicles, taxicabs, tour buses, the MRT
system, stations, and traveler waiting areas
- places where flammable or explosive articles are manufactured,
stored, or sold
- business places of financial institutions, post offices, and
telecommunication enterprises
- places providing indoor physical training, sports, or body
fitness
- inside classrooms, reading rooms, laboratories, performance
halls and auditoriums, exhibition halls, conference halls (rooms)
and elevators
- the indoor places of opera houses, movie theaters, audiovisual
singing businesses, information leisure businesses, and other
public leisure entertainment places
- the indoor places of hotels, shopping malls, dining and
drinking establishments, and other places for public consumption,
except for those places with indoor smoking rooms that have
independent ventilation systems and that are completely separated
from the non-smoking areas (rooms), semi-open-air restaurants and
places that provide drinks, cigar bars, and pubs and audiovisual
singing businesses that open business after nine o’clock in the
evening and are restricted to those 18 years of age or older
- indoor workplaces shared by more than three persons
- other indoor places for public use and places or transportation
vehicles designated by the competent authorities at each
level.
Conspicuous non-smoking signs shall be placed at all entrances of
the places prescribed in the preceding paragraph. No smoking
paraphernalia shall be supplied or displayed therein.
Guidelines for related measures of space, equipment and
establishment of the indoor smoking rooms prescribed in the
preceding Subparagraph 3 of Paragraph 1 and the provision of the
preceding Subparagraph 11 of Paragraph 1 shall be enacted by the
central competent authority in charge.
As per the authorization of the Tobacco Hazards Prevention Act
(“the Act” hereafter) promulgated on July 11, 2007, the guidelines
for related measures of space, equipment and establishment of the
indoor smoking rooms (“the room” hereafter) prescribed in the Act’s
Subparagraph 3 of Paragraph 1 in Article 15 and the provision of
the Act’s Subparagraph 11 of Paragraph 1 in Article 15 were enacted
by Department of Health, Executive Yuan, and are summarized as
follows:
- The area shall be above 6 m2 and below 35
m2. It may occupy at most 20% of the total floor space
of the establishment.
- No services other than smoking, cleaning or maintenance shall
be provided.
- The room shall be fully separated with physical barriers from
other areas of the building.
- The entrance shall be sliding door type with automatic closing
mechanism. It shall remain closed except when people enter or leave
the room.
- The requirements of the independent air-conditioning and
ventilation systems of the room are as follows:
- equipped with fresh air and exhaust ductwork directly
connecting to outdoor area and independent to any other indoor
spaces, air-conditioning or ventilation systems;
- negative pressure of 8 Pa;
- ventilation rate of 30 m3/hour per m2 of floor area
of the room and replaces the full volume of air 10 times per
hour;
- distance between the exhaust vent of the room and the entrance
of the building or any other buildings or nonsmoking areas shall be
above 5 m.
- The room shall not be in operation 1 hour before and after the
cleaning or maintenance work and the independent air-conditioning
and ventilation system shall remain on during this period.
Thailand
Indoor smoking ban effective in all indoor air conditioned
establishments throughout Thailand since November 2002, with
entertainment areas exempted. Cigarettes have graphic pictures
since 2005, and advertising is banned. Enforcement and compliance
have been strong.
On 10 January 2008, Thailand announced that smoking would be banned
in restaurants, bars, and open-air markets effective 10 February
2008. In addition to fines, those who fail to comply may be
arrested. Many bars ignore the ban.
Turkey
Turkey currently bans smoking in government offices, workplaces,
bars, restaurants, cafes, shopping malls, schools, hospitals, and
all forms of public transport, including trains, taxis and ferries.
Turkey's smoking ban includes provisions for violators, where
anyone caught smoking in a designated smoke-free area faces a fine
of 69 liras (~€32/$45/£28) and bar owners who fail to enforce the
ban could be fined from 560 liras for a first offence up to 5,600
liras.
Smoking was first banned in 1997 in public buildings with more than
four workers, as well as planes and public buses.
On 3
January 2008, Turkey
passed a
law banning smoking in all indoor spaces including bars, cafés and
restaurants. It also bans smoking in
sports stadia, and the gardens of
mosques and
hospitals. The
smoking ban came into force on 19 May 2008; however, bars,
restaurants and cafes were exempted until mid-July 2009. On 19 July
2009, Turkey extended the indoor public smoking ban to include
bars, restaurants, village
coffeehouses
and
nargile (hookah) bars.
In July 2009, a restaurant owner in Saruhanli was murdered by one
of his customers for attempting to enforce the smoking ban.
Uganda
In March 2004, smoking was banned in public places, including
workplaces, and restaurant & bars. An extension to private
homes is being considered.
United Arab Emirates
Emirates in the United Arab Emirates recently started banning
smoking in shopping malls and public places.
States leading the
ban on smoking include Abu
Dhabi
,
Ajman
, Dubai
and
Sharjah
.
United Kingdom
Smoking
bans were introduced in each country of the United
Kingdom
separately as decided by the devolved administrations in Scotland, Wales and
Northern Ireland, and the UK
Parliament
acting for England
. Since 1 July 2007 smoking bans have been in
effect across the whole of the UK. For details, see (in
chronological order of bans):
Scotland,
Wales,
Northern Ireland and
England.
England
Smoking
was banned in indoor public places in England
, including workplaces, bars, clubs and restaurants,
on 1 July 2007. Some places, such as certain smoking hotel
rooms, nursing homes, prisons, submarines, offshore oil rigs, and
stages/television sets (if needed for the performance) are
excluded.
Palaces were also excluded, although members
of the House of
Commons
and the House of Lords
agreed to ban all smoking in the Palace of
Westminster
. The on-the-spot fine for smoking in a
workplace is £50 (~€70/~$100), £30 (~€45/~$60) if one pays within
15 days, while a business that allows it can be fined £2,500
(~€3,700/~$5,000). Smoking will be allowed to continue anywhere
outdoors. However, a confidential government briefing obtained by
The Independent on Sunday newspaper
reveals that provisions are in place for extending the ban to
outdoor areas.
Northern Ireland
In
Northern
Ireland
, a smoking ban has been in effect since 30 April
2007. It is illegal to smoke in all enclosed workplaces.
This includes bars, restaurants, offices (even if the smoker is the
only person in the office) and public buildings.
Like Scotland
, the smoking ban is more comprehensive in that
places, such as phone boxes and enclosed bus/train shelters are
included. The on-the-spot fine for smoking in a workplace is
£50 (~€70/~$100), while a business that allows it can be fined
£2,500 (~€3,700/~$5,000).
A £200 fine may be levied by local councils if businesses fail to
show signs.An opinion poll showed that 91% of people supported the
ban.
Scotland
On 26
March 2006, Scotland
prohibited smoking in enclosed (more than 50%
covered) public places, which includes public buildings,
workplaces, sports stadiums, bars and restaurants.
Exemptions are in place to allow hotel guests to smoke in their own
rooms, as long as the hotel has designated them as smoking rooms.
The law also bans smoking in bus shelters, phone boxes or other
shelters that are more than 50% enclosed. It also prohibits smoking
in trucks and vans which are owned by a company whether or not the
driver is the only person inside. Businesses covered by the smoking
ban must display a statutory smoking sign at the entrance to, and
around the building as well as a Smoke-Free policy. Opinion Polls
at its introduction showed a clear majority of the Scottish public
were in favour of the ban
As in New Zealand, the ban was initially criticised by certain
interested groups (e.g. publicans, cafe and
bingo hall owners etc.) who feared that it would
adversely impact their businesses. A survey published by the
Scottish Beer & Pubs Association one year on from the ban
concluded that "the number of pub licensed premises in Scotland has
remained more or less constant over the last year" indicating fears
of an adverse impact of the ban on the hospitality industry were
unfounded. Widespread concerns prior to the ban about its impact on
Bingo Halls prove harder to objectively assess: As at May 2008
there is anecdotal evidence to suggest an increase in closures of
Bingo Halls since implementation of the ban. However no statistical
analysis has been conducted and speculation within the betting and
gaming industry is that a decline could also be the result of
demographic changes and increases in online gaming.
The
NHS Scotland Quit Smoking Line
reported it received an additional 50,000 calls from people wishing
to give up in the six months after the ban was introduced.. In
September 2007 a study of nine Scottish hospitals over the 12
months following the ban reported positively on its impact on the
country's health, including a 17% drop in admissions for heart
attacks, compared with average reductions of 3% per year for the
previous decade .
Wales
Smoking
was banned across all enclosed public premises and work premises in
Wales
on 2 April 2007. Adherence is widespread and
public houses report increases in takings since the ban came into
place. However, six months after the ban's implementation, the
Licensed Victuallers Association (LVA), which represents pub
operators across Wales, claims that pubs have lost up to 20% of
their trade. The LVA says some businesses are on the brink of
closure, others have already closed down, and there is little
optimism that trade will eventually return to pre-ban levels.
Public places must display a special bilingual no smoking sign:
- "Mae ysmygu yn y fangre hon yn erbyn y gyfraith" (Welsh)
- "It is against the law to smoke in these premises"
(English)
United Nations
As
United Nations buildings are not
the subject of any national jurisdiction, the
United Nations has its own smoking and
non-smoking policies.
Following the gradual introduction of
partial smoking bans between 1985 and 2003, Secretary-General
Kofi Annan introduced in 2003 a total ban
on smoking at United Nations Headquarters
. Similar bans have not been introduced
in field offices of the
United
Nations worldwide.
Some specialized agencies of the
United
Nations, such as the
United Nations
Children's Fund and the
World Health
Organization have their own strict smoking bans which apply to
their offices worldwide, but the same is not necessarily true for
entities of the Secretariat, such as the
Department of Peacekeeping
Operations and the
Office for the Coordination
of Humanitarian Affairs . Only on 13 December 2007, OCHA
introduced a smoking ban applicable to all its field offices.
United States
In the United States,
Congress has not attempted to enact
any nationwide
federal
smoking ban. Therefore, smoking bans in the United States are
entirely a product of
state and
local governments. As
a result, the existence and aggressiveness of smoking bans varies
widely throughout the United States, ranging from total smoking
bans (even outdoors), to no regulation of smoking at all.
Jurisdictions in the
West Coast and the
Atlantic Northeast tend to have the
earliest and most prohibitive smoking bans, whereas those in the
South and
Midwest tend to have the least
restrictive smoking bans, or no statewide smoking bans at
all.
According to Americans for Nonsmokers' Rights, as of October 2009
71% of the U.S. population lives under a ban on smoking in
"workplaces, and/or restaurants, and/or bars, by either a state,
commonwealth, or local law," though only 41.2% live under bans in
all workplaces
and restaurants
and bars.
As of October 2009, 24 states have enacted smoking bans in all
general workplaces and public places, including bars and
restaurants (though many of these exempt
tobacconists,
cigar
bars,
casinos, and/or
private clubs). Seven have enacted smoking bans
that exclude all adult venues such as bars (and casinos where
applicable).
Georgia
, Idaho
, New Hampshire
, North
Carolina
, South Dakota
, and Virginia
have particularized state laws banning smoking in
specific places but leaving out all others. The remaining 13
states have no statewide smoking ban at all, though many cities
and/or counties in most of those states have enacted local smoking
bans to varying degrees (though Oklahoma
prohibits local governments from passing smoking
laws at all, and in Michigan
local governments cannot ban smoking in restaurants
and bars).
As for
U.S. jurisdictions that are not states, smoking is banned in all
public places (including bars and restaurants) in the District of
Columbia
and Puerto Rico.
Guam
prohibits
smoking in restaurants, but the ban doesn't extend to workplaces or
any other businesses. American Samoa
, the Northern Mariana Islands
, and the United
States Virgin Islands
have no smoking bans.
Uruguay
In March
2006, it became illegal in Uruguay
to smoke in enclosed public spaces. Now
bars, restaurants or offices where people are caught smoking face
fines of more than $1,100 or a three-day closure. This makes
Uruguay the first country in South America to ban smoking in
enclosed public spaces.
Anti-smoking groups estimate that as many as a third of Uruguay's
3.4 million people smoke.
President Tabaré Vázquez, a practicing
oncologist, has cited reports suggesting
about seven people die each day in Uruguay (an estimated 5,000
people a year) from smoking-related causes including lung cancer,
emphysema and other illnesses.
Vatican City
On July
1, 2002 a law signed by Pope John Paul
II became effective which banned smoking on all places
accessible to the public and in all closed places of work within
the Vatican
City
and within all extraterritorial properties of the Holy
See. Smoking bans in museums, libraries and churches on
Vatican territory were already in force before that date for a long
time.
Vietnam
The
Vietnamese government has banned smoking and cigarette sales in
offices, production facilities, schools, hospitals, and on public
transport nationwide Smoking was banned in enclosed indoor spaces
and public facilities in Ho Chi Minh City
in 2005 with the exception of entertainment
areas.
A ban has also been imposed on all forms of advertisement, trade
promotion, and sponsorship by tobacco companies, as well as
cigarette sales through vending machines, or over the telephone and
on the Internet.
Zambia
Smoking
is prohibited in public places in Zambia
and is punishable by a fine of K400,000 or
imprisonment of up to two years.
Specific restrictions
Outdoor smoking bans
- It is
illegal to smoke on a bus or in a bus shelter in Ireland
. It was also the first country in the world
to impose a ban on smoking outdoors within 3-meters of a public
building.
- In
the Australian state of Queensland
, smoking is prohibited within four metres of
entrances to public buildings, within 10 metres of children's
playground equipment, in commercial outdoor eating or drinking
areas, at patrolled beaches, and at all major sports
stadiums.
- Some
beaches in Sydney,
Australia
have smoking bans in place.
- Smoking indoors or outdoors on land owned by the NSW Department
of Education is banned
- From
1 March 2006, in Victoria, Australia
smoking is banned from all covered train platforms,
bus and tram stops.
- Cambridge Memorial Hospital in Cambridge,
Ontario
, Canada
enacted a total (outdoor) smoking ban, believed to
be the first in the entire province if not country, as of October
2004. At the same time, Wilfrid
Laurier University
in the nearby City of Waterloo, Ontario
proposed a similar total smoking ban on its
property, after its 10 metre outdoor proximity ban (enacted in
2002) failed. WLU was presumed to be the third Canadian
(public) post-secondary institution to consider such measures,
after Carleton and Acadia.
- Calabasas
, California
, United
States
banned smoking in almost all indoor and outdoor
public places in 2006. Believed to be the strictest ban in
the United States. At least 13 California cities (including
Los
Angeles
) have banned smoking on their beaches, at least 4
other California cities (including San Francisco
) ban smoking in parks or outdoor venues. For
more info see List
of smoking bans in the United States#Outdoor smoking bans.
- Belmont, California
banned smoking in outdoor places on September 25,
2007. This ban also applies inside condos, apartments and
other kinds of multi-unit housing.
- California has banned smoking within of entrances to any public
building.
- Selected wards in Tokyo
, Japan
prohibit
smoking on the streets. This ban is enforced and violators are fined. In response, free smoking
cafes have been provided by Japan
Tobacco.
- Many English NHS PCTs ban smoking on it premises both
inside and outside hospitals, even places such as the car park and
bus stations.
- In Hong Kong, smoking ban is imposed on most public
recreational areas and beaches. It is up to districts to designate
which public recreational areas are exempt, and some ban smoking
districtwide. Many playgrounds in public housing estates have also
become smoke-free. Smoking ban in some public transport
interchanges will be phased in starting the 2nd half of 2009.
- Smoking is banned on all railway platforms in England,
regardless of whether they are covered or not.
- It is
illegal to smoke on the outdoor property of the institutions of
public education in Slovenia
, penalties are dictated by internal orders of the
concerned institutions.
- It is illegal to smoke in some bus shelters (complex rules
determine which leading to them being largely ignored) and phone
boxes in Scotland.
Other restrictions
In some
countries, such as Germany
, India
and Russia
, bans enacted earlier allow for smoking sections in
restaurants, as well as possible special rooms for use by smokers
in other workplaces (though many employers prefer not to incur the
costs of building and maintaining such rooms).
- Turkmenistan
, under decree from President for life Saparmurat Niyazov, has banned the
chewing of tobacco.
- All
public and Catholic schools in the Region of Waterloo in Ontario
, Canada
banned smoking on school property in Autumn
1994. A province wide smoking ban on school
property is slated to begin for the 2007/2008 school year in
British
Columbia
, Canada
- A tobacco fatwa was issued in Iran
in 1891 and Egypt in 2000.
- Australia has a federal law prohibiting the manufacture and
sale of all smokeless tobacco products. The sale of oral snuff and
chewing tobacco has been banned since 1989 under the Trade
Practices Act 1974.
Proposed bans
In the
Czech
Republic
, there is a
bill to prohibit smoking in all public areas and in all enclosed
areas in pubs, restaurants, bars and others that do not have a
separate room designated for smoking that has permanent ventilation
and does not have an effect on smoke-free sections. There
have recently been several bills proposing similar smoking
restrictions, but these have never been enacted by the
Chamber of Deputies.
New
Caledonia
is likely
to introduce restrictions on smoking in public places following a
recent 25-nation global air-quality monitoring
initiative.
The
Canadian province of Ontario
has
introduced legislation to ban smoking in vehicles carrying
passengers below the age of 16.[249959][249960]
The
government of Kanagawa Prefecture
in Japan has compiled a basic plan for an ordinance
to ban smoking in hotels, restaurants and other public places to be
submitted to legislature in March 2009. It has been passed
as a towned down version coming into effect April 2010 whereby
smoking is banned in hospitals, schools and government offices, and
requires restaurants and hotels to choose between becoming
nonsmoking or creating separate smoking areas.
In
Bulgaria
the Ministry of Health is considering a ban on
tobacco smoking in all public places by the summer of 2010.
Bulgaria has an engagement to restrict tobacco smoking by 2011 with
the
World Health
Organization.
Niue
is
considering banning tobacco completely, and is seeking the
cooperation of Australia and New Zealand to ensure that no tobacco
can be imported into the country.
Lack of smoking bans
Some countries have no legislation against smoking whatsoever.
These countries include Cameroon, Central African Republic, Chad,
and many other countries in Central and Western Africa, where
people can smoke wherever they want. Saudi Arabia has no government
ban on smoking anywhere.
See also
References
- Smoking Restrictions Widened In Armenia
- Tobaccolaws.sa.gov.au
- WA Government media statement, 28th November
2004
- The Australian, 31st December 2007
-
http://www.monstersandcritics.com/news/europe/news/article_1350131.php
-
http://www.cnn.com/2009/TRAVEL/getaways/03/05/austria.germany.travel/index.html
- General smoking ban on July 1st 2010
- Slate Magazine: The First
Nonsmoking Nation by Eric Weiner
-
http://www.bhutan.gov.bt/government/newsDetail.php?id=1331%20&%20cat=5
- Article 2 of Brazil Federal law no. 9294
- Law 9294, 15th July, 1996
-
http://www.leiantifumo.sp.gov.br/usr/share/documents/legislacao.pdf
- http://www.leiantifumo.sp.gov.br/
- SNL2005 CHAPTER S-16.2 - SMOKE-FREE ENVIRONMENT ACT,
2005
- In Depth: Smoking CBC News
- Nova Scotia bans smoking in cars with children
as of April 1 21 March 2008
- Non-Smokers Health Protection Act
Manitoba
- Smoke Free Alberta | News & Information
-
http://www.smokefreealberta.com/news__information/bill_45.html
- Albertan city bans
- [1]
- TOBACCO-FREE - Ministry of Health, Province of
British Columbia, Canada
- Public Smoking Bans by Province and Territory -
Factsheets
- Canada - no-smoke.org
- Chile: New Smoking Ban in Effect [08/15/06-1]
- William Clem, South China Morning Post, China section,
2009 October 10
- Guangdong to launch stricter smoking ban at public places
- Guangdong - News Brief - Newsgd
- [2]
- Law on restriction of tobacco-product use
Narodne novine 125/08'
- "Croatia Bans Smoking" balkaninsight.com
7 November 2008 Link accessed 07/11/08
- Croatia banning smoking
vecernji.hr'
-
http://sofiaecho.com/2009/09/11/783081_croatia-reverses-smoking-ban-in-public-places
- In a country famed for its cigars, Cuba adds no-smoking
rules
- http://news.yahoo.com/s/afp/cyprussmokinghealth
- http://www.jp.dk/kbh/artikel:aid=4307326/
- Law n°91-32 of 10 January 1991
- Decree n°2006-1386 of 15 November 2006 taken as
application of article L3511-7 of the Public Health Code,
banning smoking in public places.
- Ruling of 19th March, 2007 of the Conseil
d'État ( copy on Légifrance)
-
http://www.berlinonline.de/berliner-zeitung/spezial/dossiers/rauchverbot/117452/index.php
- http://www.nichtraucherschutz-bayern.de
- Information about the Guernsey smoking ban
- http://index.hu/politika/belfold/0530hrvthgns/
http://index.hu/politika/bulvar/0402smoke/
- 2002 nr. 6 31. janúar/ Lög um tóbaksvarnir
- India to declare all places of work as smoke
free
- Sarin, Jaideep, "Chandigarh’s ’smoke-free city’ campaign loses
steam", Indo-Asian News Service, New Delhi,
July 13th, 2008
- Website, "Smoke Free Chandigarh Website", Burning Brain
Society, Chandigarh
- The Hindu, IANS, "Shimla to turn smoke-free soon", Chandigarh
- The Times of India, "Our Unsung Hero, Kicking the Butt",
Chandigarh
- World Heart Federation, Smoke Free Partnership", Chandigarh
- A smoking ban fires up Jakarta - International
Herald Tribune
- Buildings in hot seat over smoking ban
- EU 2004 - "Smoking ban is first in world"
- EUObserver MEP calls for EU ban on cigarettes by 2025 18 July
2008
- Exact Date Set For Smoking Ban - Isle Of Man
Today
- http://news.bbc.co.uk/1/hi/world/asia-pacific/2292007.stm
- http://www.japaninc.com/node/3116
- http://en.wa-shoi.com/?page=100595
- http://www.medicalnewstoday.com/articles/7083.php
- Jersey Smoking Law
- Jersey Regulations
- Jersey Law | RESTRICTION ON SMOKING (AMENDMENT NO.
2) (JERSEY) LAW 2006
- [http://www.tobacco.org/articles/country/kazakhstan/?top_only=1
Articles:Listing Kazakhstan
- Reuters AlertNet - Kenyan capital Nairobi starts smoking
ban
- Smoking ban to be extended
- Status Of Tobacco Use And Its Control - Malaysia
Report Card
- Mexico City Imposes Tougher Smoking Laws
[04/07/04
- Mexican Smoking Bans
- BBC NEWS | Europe | Montenegro bans smoking in
public
- [3] Blog of Francisco Cabo
- [4] Blog of Jackie Tumwine
- Department of Conservation
- Smokefree Law
- Welcome to ASH - Action on Smoking and
Health
- Niger cabinet passes smoking ban BBC News, 12
September 2008
- Nigeria: Smoking - Top Officials Defy Govt
Order Leadership], 3 June 2008
- Nigeria's capital city bans smoking in public
Afrique en ligne, 1 June 2008
- PIA Information Services - Philippine Information
Agency
- Makati
(Philippines) government news bulletin
- Portugal bans smoking inside public places
- [5]
- Bucharest In Your Pocket Guide, p. 4
- Smoking ban advances in Russia, Germany -
USATODAY.com However, the Soviet Union had approved countrywide
campaigns against smoking. See R. Cooper, 'Smoking in the Soviet
Union', Br Med J (Clin Res Ed). 1982 August 21; 285(6341):
549–551.
- Smoking Ban in Singapore
- Smoking ban to be extended to more areas from
January 2009
- Slovenia Gets Tough Anti-Smoking
Legislation
- Tobacco Products Control Act 1993
- The Great South African Smokeout: Anna White,
2001
- Madlala-Routledge: Tobacco Products Control
Amendment Bill (29/03/2007)
- News 24: Smoking ban for under 18's?
- Spain: going smoke free - Fernández 15 (2): 79 - Tobacco
Control
- [6]
- [7]
- [8]
- BBC NEWS | Europe | Spain sees smoking ban take
hold
- Swedish snuff – not just for men - SWEDEN.SE
-
http://worldradio.ch/wrs/news/wrsnews/geneva-smoking-ban-back-at-months-end.shtml?16218
- Tobacco Hazards Prevention Act (Taiwan) (Promulgated on July
11, 2007)
- Guidelines for Indoor Smoking Room Establishment
http://tobacco.bhp.doh.gov.tw/doc/law06.pdf
- Huriyet, 30 July 2009, also reported by Reuters:
"Smoking-ban Murder", 31 July 2009,
http://www.reuters.com/article/oddlyEnoughNews/idUSTRE56U4BO20090731
- Khaleej Times - Abu Dhabi plans ban on smoking in
malls
- Gulf News - Ajman bans smoking in malls and
markets
- Khaleej Times - Stricter smoking ban in
Dubai
- Khaleej Times - Smoking ban to be in place next
year
- Smoking ban information website
(smokefreeengland.co.uk)
- Going for smoke: Today's ban is just the start. Could your
home be next? - Health News, Health & Wellbeing -
Independent.co.uk
- Northern Irish Smoking Ban
- Smoking ban information website
(spacetobreathe.org.uk)
- Standard no smoking sign in Scotland
- [9] 'Widespread support for smoking ban in
Scotland'
- 'Research on liquor licenses for Scotland, March
2007, SBPA'
- 'Half of Scottish bingo halls threatened by smoking
ban'
- 'Bingo related News, the Smokers Club
inc.'
- 'Smoking Ban, bingo.co.uk'
- Smoking ban information website
(clearingtheairscotland.com)
- 'Smoking ban brings positive results, the Scottish
Government'
- Smoking ban information website
(smokingbanwales.co.uk)
- ic Wales (icwales.icnetwork.co.uk)
- "Overview List – How many Smokefree Laws?", Americans for
Nonsmokers' Rights, October 2, 2009
- "Summary of 100% Smokefree State Laws and
Population Protected by 100% U.S. Smokefree Laws", Americans for
Nonsmokers' Rights, October 2, 2009
- Uruguay curbs smoking in public
- Public smoking ban takes effect in Uruguay -
TobacoFree.org
- Xinhua - English
- allAfrica.com: Zambia: The Move by the Government
to Ban Smoking in Public Places (Page 1 of 1)
- The Times - Zambia gets tough on smokers
- Outdoor public areas Queensland Government
- Tobacco reforms Victorian Government Health
Information
- Welcome to
Belmont The City of Belmont
- Belmont to hold meeting about proposed anti-smoking
law San Francisco Chronicle, 12 March 2007
- Non-smoking train platforms
- Please Refer To Anzfa'S Guide To Applications And
Proposals For A More Detailed Explanation Of The Process On How To
Undertake
- Restaurants oppose smoking bill
- New Caledonia in line for anti-smoking law
-
http://www.novinar.net/?act=news&act1=det&stat=center&mater=Mjc2MDs1OQ==&sql=Mjc2MDszNQ==
Пълна забрана на пушенето след една година (in Bulgarian)
-
http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10520567
External links