Australia and International Smoking Bans
This is a list of Smoking Bans by country.
From Wikipedia, the free encyclopedia
Smoking bans worldwide as of Feb 8, 2010: no restrictions or no data patchy and incomplete bans, low enforcement no
national ban, some localities have comprehensive indoor bans strong
national ban in public areas except entertainment and restaurants, or weak enforcement in indoor entertainment areas strong national ban in public areas except entertainment and restaurants,
some localities have comprehensive indoor bans strong
national ban in all public indoor areas with some exceptions strong
national ban in all public indoor areas Note: Countries with all subnational entities having a ban equates to a nationwide
ban here, such as for Canada and Australia.
A pictogram often used where a smoking ban is in order.
Main article: List of smoking bans in 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[2]. 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[3]
- Tasmania:
Total indoor smoking ban in force since January 2006[citation needed]. From January 2008 the ban was extended to include smoking in cars with passengers under the age of 18[4]
- 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[citation needed]
- Australian
Capital Territory: A ban on smoking in enclosed public places has been in effect since December 2006[citation needed]
- Victoria: :
A ban on smoking in enclosed public places has been in effect since July 2007[citation needed]
- New
South Wales: A ban on smoking in all enclosed areas of restaurants, licensed clubs and pubs came into force in July 2007.
From 1 July 2009, smoking in a car with a child under the age of 16 is against the law. The Public Health (Tobacco) Act 2008
creates a new offence of smoking in a car with a child under 16 years of age in the vehicle. A $250 on the spot fine applies
to the driver and any passenger who breaks the law and this will be enforced by NSW Police.[5]
- Northern
Territory: A ban on smoking in all enclosed areas of restaurants, licensed clubs and pubs came into force in 2 January 2010.
Albania
A law went into effect on 26 May
2007 banning smoking in closed public areas and outlawing the advertisement of tobacco. The measure has been largely ineffectve
and not enforced.
Andorra
No major restrictions. Smoking
is only banned in government buildings, educational facilities and buses. Argentina
Main article: Smoking in 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 m2 where
it is possible to provide an 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.[1]
Australia
Main article: List of smoking bans in 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[2]. 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[3]
- Tasmania:
Total indoor smoking ban in force since January 2006[citation needed]. From January 2008 the ban was extended to include smoking in cars with passengers under the age of 18[4]
- 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[citation needed]
- Australian
Capital Territory: A ban on smoking in enclosed public places has been in effect since December 2006[citation needed]
- Victoria: :
A ban on smoking in enclosed public places has been in effect since July 2007[citation needed]
- New
South Wales: A ban on smoking in all enclosed areas of restaurants, licensed clubs and pubs came into force in July 2007.
From 1 July 2009, smoking in a car with a child under the age of 16 is against the law. The Public Health (Tobacco) Act 2008
creates a new offence of smoking in a car with a child under 16 years of age in the vehicle. A $250 on the spot fine applies
to the driver and any passenger who breaks the law and this will be enforced by NSW Police.[5]
- Northern
Territory: A ban on smoking in all enclosed areas of restaurants, licensed clubs and pubs came into force in 2 January 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.[6]
- As of
January 2009, a new law was put in place which mandates all restaurants, bars, discos and pubs which are larger than 80m˛
to introduce smoking rooms and non-smoking rooms. Below 50m˛ the owner may opt to either be a smoking or non-smoking place,
between 50m˛ and 80m˛ there is an option under certain circumstances. The law provides for a very long transition phase.[7]
Bahrain
Bahrain outlawed smoking in public
places on 27 February 2008.
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.[8]
Bermuda
As of October 1, 2006, all enclosed
workplaces in Bermuda are smoke-free, including restaurants, bars, private clubs and hotels.
Bhutan
Following a resolution of the
87th session of the National Assembly on 17 December 2004, a national ban on the sale of tobacco and tobacco products went
into effect, but importing limited tobacco would still be permitted with very heavy taxes.[9] 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[10] 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.
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.[11] 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.[12]
Săo Paulo, the most important
Latin American state in economic terms, became the first in Brazil to adopt the most comprehensive ban, being followed by
Rio de Janeiro and Minas Gerais.[13] . Under the new regulation there are no smoking sections in any place around the state.
The law became effective from
August 7, 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 is no longer allowed on
work and study places, libraries, buses, cabs, commercial and residential common areas, hotels and inns[14].
Săo Paulo government has graduated
500 specialised agents to make sure the rule is respected at all times. The first team was trained to measure ambient smoke
in an area and to warn smokers about the risks for their health.
Anybody violating the law is charged
with a fine. Public sites can be punished with a maximum fine of R$ 1.585,00 (Brazilian currency, ~USD 800,00). If there is
a second infraction the site is closed. According to surveys, 88% of Săo Paulo’s inhabitants support the Smoke Free
Law.
Canada
Smoking in indoor (and in some
cases outdoors near these indoor settings, see below) public spaces and workplaces (including restaurants, bars, and casinos)
is banned, by all territories and provinces, and by the federal government. As of 2010, legislation banning smoking within
each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable
variations between the jurisdictions include: whether or not, and in what circumstances ventilated smoking rooms are permitted;
whether or not, and up to what distance away from a building is smoking banned outside of a building; and, whether or not
smoking is banned in private vehicles occupied by children.
Note that some municipalities
have bylaws restricting smoking further than the applicable legislation.
The federal government's smoking
ban in workplaces and on common carriers applies only to the federal government and to federally regulated businesses, such
as airports. Smoking rooms are not permitted.
By province (alphabetical):
- Alberta banned smoking in public spaces and workplace, including within 5 metres of doors, windows, and intakes, on January 1, 2008.[15] A "shower curtain" (or "powerwall") law requiring shop owners to keep tobacco sales out of sight was implemented 1
July 2008.[16] As of 1 January 2009, cigarette sales in Alberta have been banned in all stores containing a pharmacy as well as post-secondary
institutions.[17] It is an offence for a minor to possess or consume tobacco products; violators are subject to a fine of up to $100.[18]
- British Columbia banned smoking in all public spaces and workplaces including, as of March 2008, within a 3 metre radius of doors, open windows
and air intakes, 6 metres in the City of Vancouver.[19] Additionally, all commercial displays of tobacco visible to people under the age of 19 was banned in public areas under
the same legislation. As of March 2008, ventilated smoking rooms are only permitted in nursing homes and care facilities.
The smoking ban does not apply to hotel rooms.
- Manitoba banned smoking in public spaces and workplaces in October 2004. Specially ventilated rooms are not allowed in bars and restaurants.[20]
- New Brunswick banned smoking in public spaces and workplaces in October 2004. Ventilated smoking rooms are not permitted. Since 1 January
2009, tobacco products cannot be displayed prominently in stores. Since 1 January 2010. the ban was expanded to include vehicles
with children under 16 present.
- Newfoundland and Labrador banned smoking in public spaces and workplaces in 2005, under the province's Smoke-Free Environment Act. Ventilated smoking
rooms are permitted.[21]
- Nova Scotia: banned smoking in public spaces and workplaces on 1 December 2006. Ventilated smoking rooms are permitted in nursing homes
and care facilities. Tobacco products cannot be displayed prominently in stores.[22] On 1 April 2008, smoking in a car with passengers under 19 inside became illegal.[23] Minors are prohibited from possessing tobacco products.[18]
- Ontario banned smoking in public spaces and workplaces in 2006.[22] In 2008, a ban on retail displays of tobacco was implemented. Since January 21, 2009, smoking is banned in all vehicles
if anyone under the age of 16 is present.
- Prince Edward Island banned smoking in public spaces and workplaces in 2003. Ventilated smoking rooms are only allowed in long-term care facilities.
- Quebec banned smoking in public spaces and workplaces on 31 May 2006.[22] The province eliminated designated smoking rooms and retail tobacco displays on 31 May 2008.
- Saskatchewan banned smoking in public places on 1 January 2005 and banned smoking in workplaces on 31 May 2009. 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.[22]
By territory (alphabetical):
- Northwest Territories banned smoking in public places and workplaces on 1 May 2004.[24]
- Nunavut banned smoking in public spaces and workplace, including within 3 metres of entrances and exits to those buildings, on 1
May 2004.[25]
- Yukon banned smoking in public spaces and workplaces 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 m˛) 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".[26]
China
Main article: Smoking in the People's Republic of China
Shanghai Municipality will expand
smoking bans from hospitals to kindergartens, schools, libraries and stadiums, effective March 1, 2010.[27]
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.[28]
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 [29] prohibiting smoking in public institutions such as hospitals, clinics, schools, nurseries and universities with infractions
punishable with up to 1000 kuna (140 euros). A notable exception 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.[30] It is estimated that 30 percent of Croatia’s adult population are smokers.[31][32] 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 that meet very strict conditions will now be able to choose whether
to allow smoking. One of the conditions is a ventilation system that is able to change indoor air at least 10 times per hour.
Until March 2010 only 16 (out of 16 000) establishments in all of Croatia have met the conditions and have been permited to
allow smoking.[33] Larger establishments will have to include a designated and separately ventilated smoking area[34]
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.[35]
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. [36] Since the introduction of the smoking ban on the 1st January 2010, compliance levels have been very encouraging. Restaurant
& bar owners however have complained that the introduction of the smoking ban has led to a sharp drop in revenue.[37]
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 a separated room for non-smokers.[citation needed] Not every has it and there is very limited control in this matter. In June 2009 the parliament approved a bill
regulating smoking in public places. The only change is that bars and restaurants where smoking is allowed should have a sign
posted.
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 m˛ 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.[38]
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.
As of early 2010 Finland plans
to phase out smoking completely.[citation needed
France
Main article: Smoking in France
France, on 1 February 2007, tightened the existing ban on smoking in public places found in the 1991 Évin law,[39] 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,[40] although the French government allowed a day of reflection on New Year's Day.[41] Opinion polls suggest 70% of people support the ban.[42] However, a recent story by Time Magazine suggests that smokers are now blatantly ignoring the smoking ban due to low
enforcement.[43]
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 m˛; 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[citation needed].
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.[44]
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.[45]
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 strictest 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 succeeded 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.[46]
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.[47]
Greece
Royal decree of 1856, introducing the first ban on smoking in modern Greece. Prohibition was valid only within state buildings and was grounded on the need to prevent accidents.
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 m2 - 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.
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.
Despite the attempts to enforce
the law in the first months since it became effective, as of January 2010, the lack of control by authorities and the vague
language in the law render the law virtually ineffective. Therefore, the new Minister for Health and Social Solidarity, Mariliza Xenogiannakopoulou, has stated that the law is going to be re-examined, possibly forbidding smoking in all public places with no exceptions.[48]
Guatemala
Complete ban: Smoke-free legislation
covering all types of places and institutions. Smoke-free in Health-care facilities and Governmental facilities[citation needed]
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 Ł1000
(~€1150, ~$1470). Smoking is allowed anywhere outside and in whatever company.[49]
AlderneyBritish Crown dependency of Alderney
The only Channel Island located
in the English Channel
Passed enabling legislation which
became law in October 2009 and would allow swift introduction of a ban, but in the face of public demonstrations has shied
away from doing so. The Island's Parliament debated the issue again on Jan 13th 2010 where they passed an enabling Ordinance
to bring the Island in line with Guernsey and the UK starting in June 2010. In the meantime, smoking in indoor public places
remains legal in Alderney and also on Sark.
Hong Kong
Main article: Smoking in Hong Kong
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 enlarges the smoking ban to
include indoor workplaces, most public places including restaurants, Internet cafés, public lavatories, beaches and most public
parks. Some bars, karaoke parlors, saunas and nightclubs were exempt until 1 July 2009. 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.[citation needed]
Hungary
In 2009, a proposal to ban smoking
in most public places including restaurants, bars, etc. was placed on hold[50]
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.[51]
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).[52] In 2007, Chandigarh became the first city in India to become 'smoke-free'. However despite there being some difficulties and apathy by the authorities [53] the Smoke-Free Chandigarh [54] 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.[55] The success of Chandigarh has been widely recognised and the architect of smoke-free Chandigarh Hemant Goswami.[56] was also awarded the Global Smoke-Free Partnership Award for the initiative.[57] 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
which want to allow smoking have to provide a separate smoking space starting 4 February 2006.[58] 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.[59]
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) .[60]
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.[61]
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 dependencies of Sark and Alderney where it remains legal, with a similar ban to the one introduced in England. The ban came into effect on 30
March 2008. A smoking ban in Alderney was agreed by the States of Alderney on 12 January 2010 and will come in to place at
4am on 1 June 2010.
The smoking ban also saw Europe's
first smoke-free prison.[62]
Israel
In Israel it is forbidden to smoke in public closed places since 1983[63]. The law was amended in 2007 so that owners are held accountable for smoking in premises under their responsibility.
The ban includes cafés, 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, cafés, 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.[citation needed]
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.[citation needed]
Japan
Main article: Smoking in 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[64] 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 implemented in April 2010 the nation's first prefecture-wide smoking ban, banning smoking in public facilities, including
hospitals, schools and government offices. The ordinance requires large restaurants and hotels to choose whether to become
nonsmoking or create separate smoking areas, while mah-jong and pachinko parlors, restaurants with floor space of up to 100 sq. meters and hotels of up to 700 sq. meters are merely required to "make
efforts" to prevent passive smoking. Another Kanagawa ordinance last month to ban smoking at swimming beaches expected to
be implemented in May 2010.[65]. Although still relatively few, there is a growing number of private businesses implementing smoking bans in restaurants,
taxis, buildings and bars[66][dead link][67].
Jersey
Smoking is restricted in public
places in Jersey (a British Crown dependency).
The Restriction on Smoking
(Jersey) Law 1973[68] 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[69].
The Restriction on Smoking
(Jersey) Law 1973 was amended by the Restriction on Smoking (Amendment No. 2) (Jersey) Law 2006[70] 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.[71] A full ban was instituted in September 2009.[72]\\
Kenya
Smoking in public indoor areas
is banned in Nairobi, Kenya since July 2007.[73] 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 14:00h and 19:00h to 21:00h in cafés in which meals are
served.
Macedonia
Macedonia has a strong national
smoking ban in all public indoor areas, and in some cases in outdoor areas. Smoking is banned in bars, cafes, restaurants,
nightclubs starting January 1, 2010.[74] Smoking is not banned only in people's homes, at open spaces and public areas free of sporting competitions, cultural
and entertainment events, gatherings and other public events.[75]
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.[76]
[77]
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.[78] 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.[79]. 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.[80]
Morocco
Morocco's House of Representatives
unanimously passed a bill banning smoking in public places.
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.[81][82]
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 has been voted into law
on 16 February 2010[83][84]
Netherlands
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, however since August 2008 it has been allowed in the designated
smoking rooms. 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. Smoking of cannabis (Marijuana and Hashish) in coffee-shops is permitted as long as it is not mixed with tobacco.
New Zealand
Main article: Tobacco in 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 [85].
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.[86]
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.[87]
From the start of the first semester
of 2010, New Zealand's largest university, the University of Auckland; banned smoking on any of its property including inside and outside of buildings in areas that were once designated smoking
areas. The University sprawls through most of Symonds Street and is the largest private complex in Auckland CBD.
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.[88]
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.[89][90]
Norway
In Norway, smoking has been banned in public buildings, workplaces and public transportation since 1988. Since 1 June 2004, smoking
is also banned in restaurants, bars, cafes etc. [91][92][93]
Paraguay
Effective April 2010, Paraguay
has banned smoking in all indoor areas including bars and restaurants.[94]
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, and requiring “no smoking” signs displayed in public places.
Peru
In Peru, it is nominally illegal to smoke in any public place (indoors), according to Law 28704. 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.[95]
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.[96]
Poland
Smoking is banned in schools,
hospitals or other medical facilities and public transport (including the vehicles such as train or bus and bus stops, train
stations etc.)
Since 15 november, 2010 will be
forbidden to smoke in all public indoor spaces, including bars, cafés, restaurants and discos. (source?)
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.[97]
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.[98]
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.[99]
Singapore
Main article: Smoking in Singapore
A sign in Singapore to indicate that smoking is allowed
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.[100]
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.[101]
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."[102] 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.[103] 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.[104]
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.[105]
The South African government is
currently looking at increasing the minimum legal age for smokers to 18.[106]
South Korea
South Korea considers introducing
a comprehensive smoking ban in 2011.
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 m˛ 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.[107]
Months later, the Community of Madrid established an illegal decree which states that restaurants over 100 m˛ 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 [108] 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)[109], 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.[110] Three other autonomous communities established decrees decrees watering down the law, so that smoking areas are only required to be separated with ventilation
systems.[111] See Spanish Antismoking Law. (Spanish)
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 already
announced by the government, during the Spanish EU-Presidency. Smoking will be banned in every indoor public places, including
bars, clubs and restaurants before the end of 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.[112] In January 2008, The Swedish Prison and Probation Service banned smoking indoors in prisons.[113]
Switzerland
The Swiss Federal Assembly enacted a law for the protection against passive smoking in 2008, which came into force on 1 May 2010. 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.[114]
Up until the ban came into force,
each canton determined its own smoking laws. As of June 2009, all cantons with the exception of Zurich, 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 has come into force on October 31, 2009[115].
Syria
Smoking is banned inside cafes,
restaurants and other public spaces by a presidential decree issued on 12 October 2009 and came in to force on the 21st
April 2010. Syria was the first Arab country to introduce such a ban. The decree also outlaws smoking in educational institutions,
health centres, sports halls, cinemas and theatres and on public transport. The restrictions include the nargile, or waterpipe. According to the official news agency SANA, fines for violating the ban range from 500 to 100,000 Syrian pounds (US$11 to $2,169).[116][117]
A decree in 1996 banned tobacco
advertising while a 2006 law outlawed smoking on public transport and in some public places, introducing fines for offenders.
Under-18s are not allowed to buy tobacco.[117]
Taiwan
Main article: Smoking in Taiwan
Smoking is regulated by the Tobacco
Hazards Prevention Act (Taiwan), promulgated on July 11, 2007.
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. Most legal bars comply with these regulations, but in establishments that operate
illegally or semi-legally the bans are mostly disregarded.
Turkey
Main article: Smoking in 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.[118] 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/Ł28) and bar owners who fail to enforce the ban could be fined from 560 liras for
a first offence up to 5,600 liras.[118]
Smoking was first banned in 1997
in public buildings with more than four workers, as well as planes and public buses.[119]
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.[120]
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 [121] , Ajman [122] , Dubai [123] and Sharjah [124].
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
Main articles: Smoking ban in England and Health Act 2006
Smoking became banned in indoor
public places in England, including workplaces, bars, clubs and restaurants, since 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,[125] although members of the House of Commons and the House of Lords agreed to ban all smoking in the Palace of Westminster.[126] The on-the-spot fine for smoking in a workplace is Ł50 (~€70/~$100), Ł30 (~€45/~$60) if one pays within
15 days, while a business that allows it can be fined Ł2,500 (~€3,700/~$5,000). Smoking will be allowed to continue
anywhere outdoors.[127] 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.[128]
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 Ł50 (~€70/~$100), while a business that allows it can be fined Ł2,500
(~€3,700/~$5,000).
A Ł200 fine may be levied by local
councils if businesses fail to show signs. An opinion poll showed that 91% of people supported the ban.[129][130]
Scotland
Main article: Smoking, Health and Social Care (Scotland) Act 2005
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 [131] 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[132]
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"[133] 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[134] prove harder to objectively assess: As at May 2008 there is anecdotal evidence[135] 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[136].
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.[137]. 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 [138].
Wales
Main article: Health Act 2006
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.[139] 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.[140]
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.[141] 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 (OCHA). Only on 13 December 2007, OCHA introduced a smoking ban applicable to all its field offices.
United States
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Map of current and
scheduled future statewide smoking bans as of March 12, 2009. |
Main article: List of smoking bans in the 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 criminal and occupational safety and health laws. In 2009, President Barak Obama signed the Family Smoking Prevention and Tobacco Control Act, giving the Food and Drug Administration (FDA) the ability regulate tobacco products. 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,"[142] though only 41.2% live under bans in all workplaces and restaurants and bars.[143]
As of March 2010, 26 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 11 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).
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
Main article: Smoking in 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.[144]
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.[145]
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.[146]
Vietnam
The Vietnamese government has
banned smoking and cigarette sales in offices, production facilities, schools, hospitals, and on public transport nationwide
[147] 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.[148][149]
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.[150]
- 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.[151]
- 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.[152][153]
- California
has banned smoking within 20 feet (6.1 m) 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. Some public transport interchanges, as designated by the government, bans smoking since 1 September 2009.
- Smoking
is banned on all railway platforms in England, regardless of whether they are covered or not. These measures were introduced
well before any national smoking ban for safety reasons[154]
- 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.
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.[156]
New Caledonia is likely to introduce restrictions on smoking in public places following a recent 25-nation global air-quality monitoring
initiative.[157]
The Canadian province of Ontario has introduced legislation to ban smoking in vehicles carrying passengers below the age of 16.[11][12]
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 toned 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. In Saudi Arabia, smoking is prohibited in public places [158]
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.[159]
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 and often culture is in favor of the smoker.
