List of smoking bans

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This is a list of smoking bans by country.

Contents 1  Argentina 2  Armenia 3  Australia 4  Bangladesh 5  Belgium 6  Bosnia and Herzegovina 7  Bhutan 8  Brazil 9  Canada 10  Chile 11  China 12  Croatia 13  Cuba 14  Czech Republic 15  Denmark 16  Estonia 17  Finland 18  France 19  Germany 20  Greece 21  Guernsey 22  Hong Kong 23  Hungary 24  Iceland 25  India 26  Indonesia 27  Republic of Ireland 28  Isle of Man 29  Israel 30  Italy 31  Jersey 32  Kazakhstan 33  Kenya 34  Lithuania 35  Malta 36  Malaysia 37  Mexico 38  Montenegro 39  Mozambique 40  Netherlands 41  New Zealand 42  Norway 43  Peru 44  Philippines 45  Portugal 46  Puerto Rico 47  Russia 48  Singapore 49  Slovenia 50  South Africa 51  Spain 52  Sweden 53  Switzerland 54  Taiwan 55  Thailand 56  Turkey 57  Uganda 58  United Arab Emirates 59  United Kingdom 59.1  Scotland 59.2  Wales 59.3  Northern Ireland 59.4  England 60  United Nations 61  United States 62  Uruguay 63  Vatican City 64  Vietnam 65  Zambia 66 Outdoor smoking bans 67 Other bans 68 Other restrictions 69 Proposed bans 70 See also 71 References 72 External links

[edit]  Argentina

A 2006 smoking ban in Buenos Aires city prohibits smoking in public areas including bars and restaurants. Similar bans in other Argentine cities require bigger establishments to provide a separate, contained area for smoking customers. The rule is not nationwide.

[edit]  Armenia

A law went into effect in March 2005 banning smoking in hospitals, cultural and educational institutions and on public transportation. March 1, 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]

[edit]  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 meters 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^{[citation needed]}
• Northern Territory: At May 2008, this is currently the only state in Australia to have no smoking ban in force.

[edit]  Bangladesh

Smoking restricted in pubs, cafes, offices and other public places since March 2005.

[edit]  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.

[edit]  Bosnia and Herzegovina

The Federation of Bosnia and Herzegovina within the nation has banned smoking in public buildings since 1st September, 2007.

[edit]  Bhutan

Bhutan is the only country in the world to have completely outlawed the sale of tobacco products.

[edit]  Brazil

In Brazil, smoking is forbidden in all enclosed public spaces, such as restaurants, shopping malls and libraries, except for specifically-designated smoking areas. ^[5] This prohibition is not enforced, though. ^[6] Tobacco advertising is restricted to posters in shops. ^[7]

[edit]  Canada

Smoking in indoor 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 amended the current ban on smoking in the federal government and federally regulated businesses. As a result of the amendment, smoking rooms will be disallowed. This change will notably affect places such as airports.^{[citation needed]}

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. ^[8]
• 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. ^[9]
• Nova Scotia: since 1 December 2006, 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. ^[10] As of April 1, 2008, smoking in a car with passengers under 19 inside will be illegal in Nova Scotia.^[11]
• New Brunswick has banned smoking in all public areas since October 2004 and does not allow specially ventilated rooms.
• Quebec will eliminate designated smoking rooms and retail tobacco displays by May 31, 2008. There has been a comprehensive ban on smoking in public places, including bars and restaurants, since 2006.^[12]
• Ontario will ban retail displays of tobacco in 2008. Since 2006, all workspaces and enclosed spaces open to the public ban smoking.^[13].
• 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. ^[14]
• Saskatchewan's 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.^[15]
• Alberta has had a public smoking ban since 1 January 2008. ^[16]. 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 ^[17]
• British Columbia's smoking ban, passed in March 2007, 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. ^[18]

By territory (East to West):

• Nunavut has banned smoking in public spaces since May 1, 2004, including bars. ^[19]
• The Northwest Territories banned smoking as of May 1, 2004, in all public places and workplaces, including restaurants, bars, bingo and bowling facilities, and casinos. ^[20]
• The Yukon implemented a smoking ban on May 15, 2008. It was the last of the provinces and territories to implement a ban.

[edit]  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".^[21]

[edit]  China

Guangzhou and Jiangmen has banned smoking in public places, include restaurants, entertainment outlets, schools, supermarkets, and governmental offices on a trial run in 2007. However this is rarely policed. ^[22] Beijing will implement a smoking ban for the Olympics.

[edit]  Croatia

The Croatian Government plans to ban smoking in all public closed places (therefore including restaurants and bars) by early 2009.^[23]

[edit]  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.^[24]

[edit]  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.

[edit]  Denmark

As of 15th August, 2007, ^[25]smoking in hospitality facilities, restaurants, bars, clubs, public transport, and all private and public workplaces is 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. The law is set for revision in 2009.^[26]

[edit]  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).

[edit]  Finland

Smoking has been banned in indoor public areas and workplaces from 1st 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 1st 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.

[edit]  France

France, on 1 February 2007, tightened the existing ban on smoking in public places found in the 1991 Évin law,^[27] 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,^[28] although the French government has said it will give a day of reflection on New Year's Day.^[29] Opinion polls suggest 70% of people support the ban.^[30]

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^{[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.^[31]

[edit]  Germany

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. Smoking is banned on public transport and in federal buildings, including the parliament.

[edit]  Greece

According to a law passed in 2002, smoking is not allowed in all public and private workplaces, all areas related to health care and education and in public transport vehicles. The legislation is not very efficient and a new, stricter law is under consideration.

[edit]  Guernsey

Smoking was banned in all public places in the British Crown dependency of Guernsey, including workplaces, bars, clubs and restaurants, on 2nd 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 (~€1500, ~$2000). Smoking is allowed anywhere outside and in whatever company.^[32] The neighbouring Channel Island of Alderney agreed in March 2007 to implement the ban, but no date has been set. Smoking in indoor public places remains legal on just one of the Channel Islands, Sark.

[edit]  Hong Kong

Smoking in public places was banned by the Hong Kong Government commencing on 1st January, 2007 under The Smoking (Public Health) Ordinance (Cap. 371) which was first enacted in 1982 with several amendments subsequently. The ban was placed in most public places including restaurants, Internet cafés, public lavatories, beaches and public parks. Bars, karaoke parlors, and other adult-only businesses are required to go smoke-free by 2009. Smoking bans in lifts, public transport, cinemas, concert halls, airport terminal were introduced between 1982 and 1997. The ban in shopping centres, department stores, supermarkets, banks, game arcades has been in place since July 1998.

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.

[edit]  Hungary

In 2009, smoking is going to be banned in most public places including restaurants, bars, etc.^[33]

[edit]  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.^[34]

[edit]  India

A ban on workplace, restaurants, hotels smoking nationwide will come into effect in late 2007. ^[35]In 2007, Chandigarh became the first city in India to become 'smoke-free'.

[edit]  Indonesia

Jakarta's restaurants, hotels, schools, office buildings, airports and public transport smoking is banned. Restaurants who want to allow smoking have to provide a separate smoking space starting 4th February, 2006. ^[36] 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.^[37]

[edit]  Republic of 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. The ban includes bars, restaurants, clubs, offices, public buildings, company cars, trucks, taxis and vans - and within a three metre radius to the entrances of these locations. The maximum on-the-spot fine is €3,000, while a prison sentence can also be given later. 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 aircraft and trains. ^[38]

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 per person found smoking. 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.

In 2008, the country will ban tobacco advertising in shops (advertising is already banned in print, on radio and television and on billboards) and ensure that cigarettes and other tobacco products remain out of sight in shops - they are already "behind the counter" products.

[edit]  Isle of Man

The Isle of Man was the last part of the British Isles to introduce a smoking ban, with a similar ban to the one introduced in England. The ban came into effect from 30 March 2008.

The smoking ban also saw Europe's first smoke-free prison. ^[39]

[edit]  Israel

In Israel it is forbidden to smoke in public closed places since 1983^[40]. The law was amended in 2007 so that owners are held accountable for smoking in premises under their responsibility. The ban includes 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.

[edit]  Italy

Italy was the fourth country in the world to enact a nationwide smoking ban. Since January 10th, 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. Only 1% of all public establishments have opted for setting up a smoking room.

Perhaps unexpectedly, the ban turned out to be highly popular and it is strictly enforced and respected by the general population.

[edit]  Jersey

Smoking is restricted in public places in Jersey (a British Crown dependency).

The Restriction on Smoking (Jersey) Law 1973^[41] 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^[42].

The Restriction on Smoking (Jersey) Law 1973 was amended by the Restriction on Smoking (Amendment No. 2) (Jersey) Law 2006^[43] adopted 16th 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.

[edit]  Kazakhstan

Kazakhstan outlawed smoking in public places since 1st April, 2003. ^[44]

[edit]  Kenya

Smoking in public indoor areas is banned in Nairobi, Kenya since July 2007.^[45] Small private bars will be exempted. Mombasa already has a similar preexisting ban on smoking.

[edit]  Lithuania

Smoking has been banned in restaurants, bars, places where food is served, clubs (except for special cigar and pipe clubs), and nightclubs since 1st January, 2007. Furthermore, smoking on public transportation is forbidden except on long-distance trains with special facilities.

[edit]  Malta

In April 2004, smoking was banned in all enclosed public spaces, including public transportation, clubs and restaurants although smoking areas are allowed.

[edit]  Malaysia

There is a ban on smoking in Malaysia, but does not extend to bars, cafes, and open areas.

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.^[46]

[edit]  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. ^[47] 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. ^[48]. It was propossed again in middle-2007. Since April 2008 the law applies in Mexico City. It's expected to be expanded to all the country in 2008-2009. Advertisment of tobacco products has been banned from T.V. and radio for about 5 years.

[edit]  Montenegro

Smoking in public places is banned in Montenegro. The ban also forbids smoking advertising and the display of people smoking on television. ^[49]

[edit]  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.^[50][51]

[edit]  Netherlands

From 1 July, 2008, smoking will be banned in restaurants, cafés, bars and nightclubs.^[52] Separated enclosed smoking rooms will still be allowed, as long as no food or drinks are served within. There will be no limits on the size of these rooms. Even the counters in "coffee shops" (cafés that sell cannabis) must be smoke-free, while smoking must be done in the designated smoking room. All rooms may be designated smoking room as long as employees do not work there. A kitchen by daytime, may be a smoking room at night for instance. Employees may only be required to enter the smoking rooms in emergency cases.

Other workplaces, public buildings and the public transport have been smoke-free since 1st January, 2004. Smoking rooms may be situated in enclosed designated smoking rooms or outside.^[53] Designated smoking rooms may be hotel rooms.

Smoking is permitted in shopping malls, tobacco shops & cigar bars, gambling establishments and convention centres. However, these locations will be covered by the 2008 smoking ban.

If an enclosed patio has one door open, it may allow smoking.

Smoking is banned in festival tents as well.

The smoking ban exclusively bans tobacco smoking.

Since the 1st January, 2008, smoking is banned at Schiphol Airport. ^[54]

[edit]  New Zealand

New Zealand passed an amendment to the Smoke-free Environments Act 1990 law on 3rd 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.^[55]

Outdoor smoke-free laws cover the grounds of all schools, some council-owned parks (eg, in South Taranaki and Upper Hutt), the grounds of some hospitals, stadiums and one university campus (Massey University). The government has not moved to restrict smoking in cars but has run mass media campaigns that promote smoke-free cars and homes.

On 5th September, 2007, Action on Smoking and Health (ASH) New Zealand called for the removal of tobacco from sale by 2017.^[56]

[edit]  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 1st June, 2004.

[edit]  Peru

In Peru, it is nominally illegal to smoke in any public place (indoors), according to Law 25357. The ban is normally not enforced.

[edit]  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 outdoors in banned.^[57]

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.^[58]

[edit]  Portugal

On May 3, 2007, the Portuguese parliament made a law banning smoking in all public places. 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.^[59]

[edit]  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.

[edit]  Russia

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 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 Vladimir Putin for his signature.^[60]

[edit]  Singapore

Smoking was banned in hawker centres, coffee-shops, cafes and fast-food outlets beginning 1st 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.^[61]

On 1st 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.

From 1 January 2009, the ban will be extended to all children's playgrounds, exercise areas, markets, underground and multi-storey carparks, ferry terminals and jetties. It will also be extended to non-air conditioned areas in offices, factories, shops, shopping complexes and lift lobbies.^[62]

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.

[edit]  Slovenia

On 22nd 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."^[63] 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.

[edit]  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. "^[64] 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. "^[65]

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. "^[66]

The South African government is currently looking at increasing the minimum legal age for smokers to 18. "^[67]

[edit]  Spain

On 1st January, 2006, the 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 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 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.^[68]

The law went into effect on January 1st, 2006. Months later, the community of Madrid made a decree which states that restaurants over 100 m² are not required to make complete physical separation of the smoking and non-smoking areas. Three other autonomous communities made similar decrees watering down the law, so that smoking areas are only required to be separated with ventilation systems. This measure has been proved inefficient by most scientific literature.^[69] See Spanish Antismoking Law (in Spanish)

Since Spain is a strongly decentralized country, a few autonomous communities, such as Madrid, Valencia, La Rioja, and Balearic Islands, have started an official but undeclared boycott to 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 Ban Law is a Spanish Basic Law that can't be modified by local or autonomous governments.

[edit]  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.^[70] In January 2008, The Swedish Prison and Probation Service banned smoking indoors in prisons.^[71] Smoking is still allowed in hotel rooms and at airports which have designated smoking areas, including most major airports.

[edit]  Switzerland

In the Canton of Ticino from 12th April, 2007 smoking is banned in restaurants, cafes, bars, nightclubs and public places ^[72] and the Canton of Geneva recently passed a referendum to ban smoking in public places starting from July 1st, 2008.^[73]

[edit]  Taiwan

There is a smoking ban in Taiwan for indoor public areas such as hospitals, malls, airports. Does not extend to entertainment areas as of yet, including gaming areas.

[edit]  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 January 10, 2008, Thailand announced that smoking would be banned in restaurants, bars, and open-air markets effective February 10, 2008. In addition to fines, those who fail to comply may be arrested.

[edit]  Turkey

Smoking was first banned in 1997 in public buildings with more than four workers, as well as planes and public buses. ^[74]

On the 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 May 19, 2008, however bars, restauntants and cafes are exempted until July 2009 ^[75]

[edit]  Uganda

In March 2004, smoking was banned in public places, including workplaces, and restaurant & bars. An extension to private homes is being considered.

[edit]  United Arab Emirates

States in the United Arab Emirates recently started banning smoking in shopping malls and public places. States leading the ban on smoking include Abu Dhabi ^[76] , Ajman ^[77] , Dubai ^[78] and Sharjah ^[79].

[edit]  United Kingdom

In the United Kingdom smoking bans were introduced separately by the devolved administrations in Scotland, Wales and Northern Ireland. The UK Parliament then followed suit and introduced a ban for England. Since 1 July 2007 smoking bans have been in effect across the whole of the UK.

In chronological order by country:

[edit]  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. Yhe 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 ^[80] 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^[81]

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"^[82] 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^[83] prove harder to objectively assess: As at May 2008 there is anecdotal evidence^[84] 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^[85].

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.^[86]. 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 ^[87].

[edit]  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.^[88] 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.^[89]

[edit]  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 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.^[90][91]

[edit]  England

Main article: Smoking ban in 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, psychiatric wards, and stages/television sets (if needed for the performance) are excluded. Palaces were also excluded,^[92] although members of the House of Commons and the House of Lords agreed to ban all smoking in the Palace of Westminster.^[93] 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.^[94] 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.^[95]

[edit]  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.^[96] 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.

For more information visit http://www.nosmokinglaw.co.uk

[edit]  United States

Main article: List of smoking bans in the United States

In the United States, the question of smoking is determined at the state or municipal level, not by the federal government; therefore, smoking policies are instituted at the state or local level. Over 50% of Americans are covered by a ban ordinance of some degree.^[97] Coverage varies from total smoking bans even outdoors to no ban at all. The West Coast and its cities tend to have the earliest and most prohibitive bans.

[edit]  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.^[98]

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.^[99]

[edit]  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.^[100]

[edit]  Vietnam

The Vietnamese government has banned smoking and selling cigarettes in offices, production facilities, schools, hospitals, and on public transport nationwide ^[101] Smoking was banned enclosed indoor spaces and public facilities in Ho Chi Minh City in 2005, not including entertainment areas.

The 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 telephones and on the Internet.

[edit]  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. ^{[102] [103]}

[edit] Outdoor smoking bans

• 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.^[104]
  • 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 1st March, 2006, in Victoria, Australia smoking is banned from all covered train platforms, bus and tram stops.^[105]
• 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.
  • Smoking is prohibited in Hamilton Street Railway bus shelters in Hamilton, Ontario.
  • It is illegal to smoke on a bus or in a bus shelter in Winnipeg, Manitoba.
  • It is illegal to smoke on a bus or in a bus shelter as well as any less than 4 metres from any entrance in Halifax, Nova Scotia
  • Edmonton, Alberta banned all outdoor patio smoking at bars, restaurants and casinos on July 1, 2005. Nova Scotia did the same on 1st December, 2006.
• 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.^[106][107]
  • 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.
  • 56% of Chiyoda ward's land area is a no smoking zone as of April 2007.
  • Kyoto, Japan has banned smoking on 7.1 km of its streets in 2007, including busy areas along Kawaramachi, Karasuma-dori and Shijo Street avenues.
  • Railway stations in Japan are no-smoking except for a few remaining long distance services.
• Many English NHS PCTs ban smoking on it premises both inside and outside hospitals, even places such as the car park and bus stations.
• It is illegal to smoke on all train platforms in England, even if they are uncovered.
• It is illegal to smoke on a bus or in a bus shelter in Northern Ireland and the Republic of Ireland.
• 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) and phone boxes in Scotland.

[edit] Other bans

• 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 the fall of 1994. A province wide smoking ban on school property is slated to begin for the 2007/2008 school year in British Columbia, Canada
• Tobacco fatwa, Iran (1891), Egypt (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.^[108]

[edit] Other restrictions

In some countries, such as Germany 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).

[edit] 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.^[109]

New Caledonia is likely to introduce restrictions on smoking in public places following a recent 25-nation global air-quality monitoring initiative.^[110]

The Canadian province of Ontario has introduced legislation to ban smoking in vehicles carrying passengers below the age of 16.[4][5]

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 would be the first such local ordinance in Japan.

[edit] See also

• Smokeasy
• Anti-tobacco movement in Nazi Germany

[edit] References

[edit] External links

• Smoking bans around the world(updated)
• List of countries with smoking bans (Yahoo)
• Interactive map on some global smoking bans
• Anti-Smoking Ad