Summary of Smokefree Legislation Around the World [04/29/05]

Summary of Smokefree Legislation Around the World [04/29-1]

Excerpts from: Smoke-free Legislation around the World

ASH Scotland [04/29/05]

Information has been extracted from a variety of sources in order to compile this briefing, including government websites, Action on Tobacco and Health (ASH) websites, and the O nline World Health Organisation Tobacco Information and Prevention Source. The briefing was compiled in January 2005, and is updated weekly. Whilst every attempt is made to present up to date, accurate information, in the event that any details are incorrect or missing, please contact:

Afghanistan (Entry updated 20 th April 2005)

Afghanistan ’s western Heart province has prohibited smoking in all government buildings (April 2005), becoming the first region in the country to take such action.

Albania

A new draft law is under consideration that would prohibit smoking in all public places, including public transport.

Argentina

Smoking is restricted in hospitals. In Buenos Aires, smoking is also restricted in factories, schools, sports centres, theatres, and food-processing centres. Smoking is prohibited on public transport including buses, taxis, and in subways.

Armenia (Entry updated 7 th April 2005)

Armenia ’s first ever restrictions on smoking in public places came into force on March 2 nd 2005, prohibiting smoking in hospitals, cultural and education institutions and public transportation. There are no mechanisms in place for enforcing the measures, and to date there is little evidence of compliance with the restrictions.

Australia (Entry updated 1 st April 2005)

Smoking is prohibited in Commonwealth workplaces, aircraft, airports, interstate trains and federally registered motor coaches.

The Tasmanian government announced legislation for smoke-free nightclubs, gambling and cabaret venues and at least half of the tables in all outdoor restaurant and pub dining areas from January 2005. Comprehensive smoke-free legislation that covers all bars, pubs, clubs and hotels will be implemented from January 2006. No exemptions will be permitted for casino high roller rooms.

In Queensland, smoke-free legislation was outlawed on January 1 st 2005. The regulations came into force on 31 st March 2005. Smoking is now outlawed on patrolled areas of beaches, within 10 metres of children’s playgrounds, at all major sporting stadiums and within 4 metres of building entrances. At least one third of an enclosed area of a hotel or club must be non-smoking and one-third of a poker machine area also has to be non-smoking. Smoke-free legislation for all licensed hotels, clubs and restaurants and in outdoor areas where food and drink are served will be phased in by July 1, 2006. Exemptions will be permitted for casino higher roller rooms.

In October 2004, the Governments of New South Wales and Victoriaannounced plans for smoke-free legislation to cover all pubs and clubs. From July 2007, all indoor areas of pubs, clubs and licensed premises in NSW will be smoke free, with intermediate phasing in steps in July 2005 and July 2006. Casino’s International Rooms will be exempt from legislation. In Victoria, existing legislation on smoking at restaurants and shopping centres will be extended to make pubs, clubs and bars smoke-free by July 2007. Crown Casino’s International Rooms will be exempt from legislation. From 1 st March 2006, smoke-free legislation will also apply to covered railway platforms and at underage music and dance events.

Western Australia ’s Health Minister announced in October 2004 that he would push for smoke-free legislation for all public venues. Pubs and clubs are taking up new restrictions that prohibit smoking within a metre from bar counters after an industry agreement took effect in January 2005. Under the code, pubs will become smoke-free premises gradually and voluntarily. By November 2005, smoking will be allowed in only one room of hotels and by July 2006 all hospitality venues will be smoke-free. Burswood Casino High Roller room will be exempt from legislation.

In South Australia, legislation is proposed for all licensed premises to become smoke-free by October 2007. All other enclosed workplaces (except gambling venues) were required to go smoke-free from December 2004.

A review of legislation is currently underway in the Northern Territory, and an announcement is expected in March 2005.

In 1994, the Australian Capital Territorybecame thefirst jurisdiction in Australia to enact legislation to restrict smoking in enclosed public places. The law required most enclosed public places to go smoke-free by December 2004, with longer phase-in periods for restaurants and liquor-licensed premises. Restaurants went smoke-free in December 2005 and liquor-licensed premises went smoke-free in November 1998. Both types of premises could seek an exemption if they met certain ventilation standards. Exempt restaurants could not be more than 25% smoking and exempt licensed premises could not be more than 50% smoking. In 2003, legislation was passed which will end the exemption system in December 2006. All enclosed public places will then be non-smoking.

Further details of Tobacco Control Legislation in Australia – Federal, State and Territory – are available from the ASH Australia website at: http://www.ashaust.org.au/SF'03/law.htm

Austria (Entry updated 3 rd March 2005)

Since 1995, smoking in public places including cinemas, theatres, schools, universities, railway stations and airports is prohibited. Smoking is also prohibited in schools and school sports grounds, or in other premises used for the education of children. Government buildings at both national and local levels are also smoke-free zones. However, there are no fines for violating this law. Public transport is exempt from the legislation, but non-smoking areas on buses, trains, airplanes and ferries have increased. Fines are given to those who smoke in subways or on trams.

Bahamas

Voluntary smoking restrictions operate in hospitals, cinemas, in some public transport vehicles, and in some restaurants. Since 1987, smoking is prohibited during national airline domestic inter-island flights.

Bahrain

Smoking is prohibited in health establishments and schools, and is restricted in government institutions and on public transport. Food handlers are prohibited from smoking in the workplace. Smoking is also prohibited on regional air flights less than two hours.

Bangladesh (Entry updated 16 th March 2005)

On March 13 th 2005, Parliament passed a law prohibiting smoking in educational institutions, in government, semi-government and autonomous offices, in libraries, lifts, hospitals and clinics, court buildings, airports, sea and river port buildings, railway stations and bus terminal buildings, on ferries, in cinema halls, covered exhibition centres, theatre halls, children’s parks and other public places designated by gazette notifications.

Belgium (Entry updated 1 st April 2005)

Smoking in public transport vehicles (trams, buses, underground trains) has been prohibited since 1976. Smoking in other public places was regulated in 1990. Smoking in enclosed public places is not allowed, and nor is smoking in areas that form part of premises where sick or elderly people are cared for; health services are provided; children are admitted; education is provided; shows are performed; exhibits are organized; or sports are practised. Enclosed premises where foods and/or drinks are offered for consumption are exempt from legislation.

Smoking in cafes, hotels and restaurants is regulated by the Royal Decree of May 15, 1990 (Ministerial Decree of January 2, 1991 and Royal Decree of February 9, 1991) and stipulates that cafes and restaurants that are greater than 50m 2 should provide 50% non-smoking areas, which are clearly indicated as such. All cafés and restaurants are also required to have a smoke extraction or air ventilation system. Smoking in other public places is also regulated by the Royal decree of May 15, 1990; smoking is prohibited in enclosed public places. This Royal Decree has been badly enforced. In 2004, for example, 43% of bars and restaurants did not comply with the legislation.

A Royal Decree of February 7, 1997 forbids smoking in places where food products are produced, stored or sold. A Royal Decree of September 15, 1976 forbids smoking on buses, trams and the subway. In 2004, the national train company prohibited smoking on domestic trains.

From 1 st April 2005, Belgian businesses will be given the right to require their employees to work longer if they stop for smoking breaks during the working day. Some companies already require smokers to work for 15 minutes longer at the end of the day to make up for lost time.

Under the Royal Decree of January 19 2005, smoking at the workplace will be prohibited from January 1 2006, except in specific and ventilated smoking rooms. This law does not cover bars and restaurants, private homes, specific social care institutions and prisons.

Bhutan (Entry updated 24 th Feb 2005)

In December 2004, Bhutan became the first country in the world to have banned the sale of tobacco products nationwide. Two months later, the Government announced smoke-free legislation in public places, public places being defined as ‘all places where people gather’. This includes parks, discotheques, entertainment centres, sports facilities including football grounds and archery ranges, commercial centres including shops, bars and restaurants, institutions like dzongs, hospitals, schools and government offices, public transport carriers, public gatherings such as tshechus, official receptions, national celebrations, and vegetable markets. Smoking corners will be prohibited, in what is seen to be a further move towards making Bhutan a smoke-free nation.

Bolivia

Smoking has been prohibited in hospitals since 1982, and in enclosed public places and mass transit since 1990. Smoking is also prohibited in educational establishments and offices of the Ministry of Health.

Botswana

Under legislation passed in 2004, smoking is prohibited all in public places and workplaces, including offices, public service vehicles and public service buildings.

Further information is available online at:

http://www.gov.bw/cgi-bin/news.cgi?d=20050120&i=Ministry_ammends_smoking_act

Brazil (Entry updated 24 th March 2005)

Under a Federal law passed in July 1996, the use of cigarettes, cigarillos, cigars, pipes or any other smoking product (whether or not it is tobacco) is prohibited in public places, except in areas created exclusively for this purpose. Designated smoking areas must be properly isolated and have adequate ventilation. Public places is defined to include public offices, hospitals and health clinics,

classrooms, libraries, places of collective work, and cinemas and theatres. The use of smoking products is prohibited on airplanes and on public transportation. Since 1998, smoking is prohibited in all Ministry of health buildings.

Bulgaria

Smoking in workplaces and on public transport has been restricted since 1973, but the absence of appropriate penalties rendered the legislation largely ineffective. Smoking on domestic airflights and on international flights of up to two hours duration has been prohibited since 1980, with greater success regarding enforcement. A law prohibiting smoking in all enclosed public places came into force on 1st January 2005. All nurseries, schools, cinemas, theatres, Internet clubs and city transport (including taxis) are now smoke-free areas. Restaurants of more than 60-people occupancy are now obliged to provide separate halls for smokers and non-smokers. Smaller cafes are required to install air-conditioning systems.

Cambodia

Restrictions on smoking in hospitals and other health facilities are in place, as is the case for government offices, workplaces, restaurants and public transport. Smoking is prohibited on all domestic airline flights.

Canada (Entry updated 20 th April 2005)

All of Canada’s provinces and territories have some kind of smoke-free legislation in place, which protect varying percentages of their populations to varying degrees. In Saskatchewan, Manitoba, New Brunswick, Northwest Territories and Nanavut, smoke-free legislation covers all restaurants and bars, but in the rest of Canada, many hospitality workers are not protected by legislation. Some workplaces are under federal jurisdiction, including federal public sector, banks and transport. These have been largely smoke-free since the Non-Smokers Health Act in 1989, with some significant exceptions: managers are theoretically permitted to introduce designated smoking areas, prisons are not covered, and smoking is currently allowed on a small number of trains. Further details are provided below, and a comparative analysis of provincial and territorial smoke-free legislation/regulations as of January 2005 is available online at:

http://www.nsra-adnf.ca/DOCUMENTS/prov_tables_update_Jan_2005.pdf

In British Columbia, the Worker’s Compensation Board (WCB), which has jurisdiction over occupational health and safety, adopted regulations making all workplaces smoke-free. The newly elected Government then ordered WCB to modify its regulations, to allow smoking in some bars and to provide designated smoking rooms.

Since 1993, Newfoundlandhas prohibited smoking in day-care centres, schools, retail stores, acute health facilities, buses, taxis and recreational facilities. Amendments to the Smoke-Free Environment Act in 2002 require that restaurants frequented by children are smoke-free. In Nova Scotia, smoking is also prohibited in areas frequented by children.

Under current Ontario law, the decision to prohibit smoking in public is a municipal responsibility. More than 350 communities have some kind of byelaw or policy on smoking, ranging from outright bans in cities such as Kingston to partial bans in places such as Toronto to even milder restrictions in most other municipalities. Proposals are currently being debated that would make it illegal to smoke in any Ontario workplace or public area including restaurants, bars, bowling alleys, shopping malls or retail stores, taxis, casinos and Legion Halls. There would be no exceptions to the law, which would start in June 2006.

In Saskatchewan, all bars and restaurants became smoke-free on 1 st January 2005. Under the province's Tobacco Control Amendment Act, smoking is now prohibited in virtually all public places including restaurants, bars, bingo halls, casinos, bowling alleys and private clubs. However, other places of work are not currently covered by legislation. A 60-day grace period has been incorporated, when public health officers will focus on educating businesses and individuals about the Tobacco Control Amendment Act rather than laying charges. The Federation of Saskatchewan Indian Nations (FSIN) has voted not to implement the province’s legislation on Indian land. Further information from the Government of Saskatchewan and a link to the Tobacco Control Amendment Act is available online at: http://www.health.gov.sk.ca/ps_tobacco_reduction.html

The Provincial Government of Quebecplansto introduce legislation in Spring 2005. A six-week consultation period is in progress to address the speed of the process and phase-in periods.

In Alberta, a non-government bill was recently introduced in the Legislative Assembly that, if passed, would prohibit smoking in almost all workplaces and public establishments including bars, restaurants and gaming facilities. The outcome of this bill depends on whether or not a free vote is allowed in the Assembly. The Premier of Alberta has voiced his opposition to the bill and would prefer to see bars and gaming establishments excluded. The debate on the bill will commence in mid-March 2005.

Yukon is also likely to take action in 2005.

China (Entry updated 20th April 2005)

Smoking is prohibited in many public places, and in some workplaces (usually because of fire hazard). Since 1949, smoking has been prohibited on public transport vehicles in all big cities. Smoking is also prohibited in subways, and in 1986, no-smoking sections were introduced on trains. All flights have been smoke-free since 1995. Smoking is prohibited on Ministry of Public Health premises, and is restricted in hospitals and health facilities. In 1994, Shanghai declared virtually all indoor public places smoke-free, and as of October 1995, Beijing prohibited smoking in major public places too. In Hong Kong, smoking is currently prohibited in cinemas, shopping malls, supermarkets and department stores. In October 2004, plans were announced to extend this law. A bill is being moved in May 2005, and if successfully passed, the amended regulations will take effect from August 2006 at the latest. The Bill will expand non-smoking areas to include all indoor restaurants, bars, karaoke lounges, massage and mahjong parlours, schools, offices, and outdoor campuses.

The Chinese government has also recently announced that it is planning to prohibit smoking at all venues for the 2008 Beijing Olympic Games.

Cook Islands

Smoking restrictions operate in public places, hospitals, government offices and buildings, the workplace and on domestic airlines.

Costa Rica

Smoking is prohibited in workplaces, although designated smoking areas are available in most. Smoking is also prohibited in government buildings (except in prisons), and in cinemas, theatres, and public entertainment venues, as well as on public transport.

Côte d'Ivoire

Smoking is restricted in health care institutions and on public transport.

Croatia

Smoke-free legislation applies to all workplaces, and in all rooms and closed areas where meetings and gatherings take place. However, organisations are permitted to allow smoking in certain workrooms as long as this does not infringe upon the rights of non-smokers. Smoke-free legislation also applies in health care institutions, and on all forms of public transport, including domestic air flights.

Cuba (Entry updated 10 th Feb 2005)

From February 7 th 2005, smoking is prohibited in theatres, shops, buses, taxis and other enclosed public areas under a new resolution published in Cuba's most recent National Gazette by the Commerce Ministry.
Smoking is also prohibited in enclosed restaurants and cafeterias, except in specially designated non-smoking areas. Smoking is also prohibited in education and health workplaces, sports centres, air-conditioned buildings, and in all government buildings.

Cyprus (Entry updated 10 th Feb 2005)

Legislation on smoking was reinforced in 1998, 2000 and 2002 and covers now all public transport vehicles, including taxis, as well as private cars that carry passengers below 16 years old. Smoking is also prohibited in hospitals and health care establishments, in schools and in all public places, including theatres, cinemas, museums, libraries and food premises. Smoking is also prohibited in restaurants, tavernas, cafes and coffee shops, although owners may provide ventilated, designated smoking areas if they wish. In places of work the right of the non-smoker to work in an environment without smoke must be observed and employers are required to put down in writing, after consultations with employees or their representatives, rules and regulations to this effect.

Denmark

Smoking has been restricted in state-owned governmental premises such as administrative offices, hospitals, day care centres, residential institutions and educational establishments since 1988. Smoking is also prohibited on premises frequented by children or where food is being prepared for resale. Legislation on smoking in the workplace was introduced in 1996, and under this law smoking is only permitted in specific areas of public buildings, offices, schools, and public transport, if no one will be involuntarily exposed to tobacco smoke. The legislation doesn’t apply to workplaces in the private sector, although they are encouraged to make similar provisions. The full text of the Law about Smoke-free Environments on Public Premises, Means of Transportation and the like Law nr.436 of 06/01/1995 is available at:

http://apps.nccd.cdc.gov/nations/legislation/TextFiles/Denmark_13.htm

Egypt

Legislation introduced in 1981 prohibits smoking in enclosed public places and on trams, buses and domestic flights. Non-smoking compartments are now provided on trains. Smoking is also restricted in healthcare institutions.

El Salvador

Smoking is prohibited only in Ministry of Health buildings.

Estonia

There are no formal restrictions on smoking in public places in Estonia. However, a voluntary agreement operates in hospitals, on public transport (including taxis), in schools, cinemas, and other public places. Although there is legislation on smoking in the workplace, it is reportedly not enforced.

Finland

Smoking has been prohibited in most indoor public places, on public transport and in schools since the 1977 Tobacco Act was implemented. In 1994, the law was amended to end smoking in school playgrounds. In most workplaces, smoking is only permitted in special smoking rooms or in private offices, and employers are not permitted to establish smoking rooms. As a result many companies are totally smoke-free. Since 2003, smoke-free areas in bars and restaurants are compulsory, and smoking at bar service counters is not permitted. Further information is available on the Finnish ASH website, at:

http://www.suomenash.fi/sivu.php?artikkeli_id=179

Fiji

Smoking is prohibited by regulation in government offices and buildings, hospitals and health facilities, and in schools. Smoking restrictions are in place in restaurants and in some workplaces. All domestic airlines are smoke-free.

France (Entry updated 10 th Feb 2005)

Smoking is restricted in all enclosed public places, and in areas that constitute a place of work. Smoking is also restricted in transit vehicles and in schools. Designated smoking areas may be provided within these premises, so long as priority is given to the protection of non-smokers, and set ventilation standards are respected. In restaurants and bars, there is flexibility regarding the amount of space designated for smoking and non-smoking areas, again so long as priority is given to non-smokers. Smoking is prohibited on all flights of less than two hours operated by national air carriers. Smoking is also prohibited on suburb trains and on the Paris underground.

Germany (Entry updated 4 th March 2005)

Voluntary smoking restrictions are in place for institutions, government agencies, and transport companies to consider.

On March 2 nd 2005, the German Government and the country’s Hotel and Catering Association agreed to expand the space set aside for non-smokers in almost all restaurants and cafes. If this agreement is fully implemented, the hotel and catering industry will avoid legislation sought by lawmakers in the upper house of parliament.

Under the agreement, 90% of all restaurants, cafes and cafeterias with an area of at least 75 square meters, or with at least 40 seats, will need to make half their space non-smoking, by March 1 st 2008. This agreement will be phased in, and 30% of restaurants and cafes will be expected to have set aside 30% of space for non-smokers by March 1 st 2006. By 1 st March 2007, 60% of businesses will have to make 40% of their seats non-smoking, before the agreement is implemented in full in 2008. The agreement won't apply to businesses that only sell snack food (i.e. chips, meatballs or sandwiches), or to those that have no tables and chairs.

The government is also aiming to prohibit smoking in hospitals by the end of 2005, and has asked the country’s 16 states to make schools non-smoking.

Greece

Smoking is prohibited on trains and buses, in hospitals and private clinics, and in a number of enclosed public places belonging to the state. Smoking is also prohibited on all domestic flights. There is no legislation that covers all enclosed public places or workplaces at the current time.

Grenada

Voluntary restrictions on smoking are commonplace in enclosed public places including workplaces, health facilities, on buses, and in Government buildings, theatres, cinemas, and restaurants.

Hungary (Entry updated 28 th April 2005)

Smoking regulations are in place in department stores, food markets, self-service and some other restaurants, canteens, and confectioners, as well as in schools, health establishments and on public transport. The 1993 Labour Safety Act specifies that specific smoking areas must be designated in all workplaces, or that other organisational measures must be in place in order to eliminate the harmful effects of second-hand smoke. Smoke-free areas in restaurants can be “separated” by using ventilation systems.

In December 2004, a public health directorate was established to co-ordinate the implementation of a ten-year public health programme that was adopted by the Parliament in June 2002. Further steps are now being taken to strengthen tobacco control legislation. For example, the Government is aiming for all restaurants to be smoke-free by the year 2010.

Iceland

Smoking is prohibited in primary schools, nurseries, in buildings used for leisure activities by children, in cinemas, and in all areas of public and private institutions that are accessible to the public. Smoking is allowed only in places where it will not inconvenience non-smokers. Restaurants and places of entertainment are required to reserve a certain number of tables for non-smokers. For further information see section III of the Tobacco Control Act no.6/2002, available at:

http://eng.heilbrigdisraduneyti.is/laws-and-regulations/

India

Legislation was introduced in 1990 prohibiting smoking in all health care establishments, government offices, educational institutions, air-conditioned railway cars, chaircars, buses, and domestic passenger flights. In May 2004 a new law came into force prohibiting smoking in enclosed public places under India’s Anti-smoking Act.

Islamic Republic of Iran

Smoking is not permitted on trains, on domestic flights of two hours duration or less, or on buses. Smoking is also prohibited in enclosed public places, including offices, factories, cinemas and theatres.

Israel

Smoking is prohibited in enclosed public places, including cinemas, restaurants, shopping malls, banks, schools, universities, public libraries, post offices, hospitals, lifts and governmental offices. Separate smoking rooms with ventilation may be permitted in some cases. Public transport (buses, taxis, trains) is also covered by smoke-free legislation, as are internal flights and flights of less than two hours. Smoke-free workplace regulations were introduced in 1994, and revised to be more comprehensive in March 2001. Management are allowed to provide smoking areas in consultation with employers.

Italy

Smoke-free workplace laws were first passed in Italy in 1975 prohibiting smoking on public transport services and also in hospital wards, school classrooms, closed premises used for public meetings, cinemas and theatres, dance halls, betting shops, academic lecture theatres, museums, libraries and reading rooms open to the public, and art galleries open to the public. R estaurants and bars were exempt from this law.

The Italian Parliament voted the Article 51 of the Law n.3/2003 for the Public Administration banning smoking in public places in January 2003. Legislation was due to come into force in December 2004. However, the Italian Parliament issued a time delay, and legislation was formally introduced on 10th January 2005.

The new law prohibits smoking in offices, bars, restaurants, hotels, theatres, discos and cafés, unless they have a separate smoking area, amounting to less than half of the total space of the room, with continuous floor-to-ceiling walls, sealed off by an automatic door, and with a s eparate ventilation system.

Japan (Entry updated 3rd March 2005)

Article 25 of the national health promotion law (introduced in the spring of 2003) states that those who manage facilities used by the general public must endeavour to take whatever steps are necessary to prevent exposure to second-hand smoke. This law covers facilities including schools, gymnasiums, hospitals, theatres, public assembly halls, gallery spaces, department stores, offices, government buildings, and restaurants and bars.

Since this law was introduced, the eight private railways in the Tokyo area have removed designated smoking areas. A number of local government buildings also prohibit smoking indoors. Schools and universities are generally smoke-free areas, as are c ommuting vehicles, cinemas, and many public and privately owned facilities. Smoking is prohibited on the Tokyo underground rail system, in urban buses and trams, and in an increasing number of taxicabs. Smoking restrictions operate in hospitals and health facilities. A number of legal restrictions also exist at local level, for example the restrictions on outdoor smoking in some designated portions of urban centres, originating with the Chiyoda Ward ordinance.

Members of the Parliamentarian’s League have expressed a need for more restrictive national legislation on exposure to second-hand smoke. However, at present there are no formal plans to develop laws or national regulations regarding workplace smoking.

Kyrgyzstan

Smoking is prohibited in health care institutions, transport vehicles and schools (including colleges and universities). Whilst there is currently no legislation in place that prohibits smoking in public places and workplaces, some are smoke-free by choice.

Latvia

Health care facilities, educational and cultural facilities, public transport, hotels, restaurants, and work areas that are also used by non-smokers have been smoke-free since legislation was introduced in 1993.

Lithuania

The majority of enclosed public places and public transport (except taxis) are traditionally smoke-free. In health premises and schools, smoking is prohibited by local regulations.

Luxembourg (Entry updated 10 th Feb 2005)

Smoking is prohibited in hospitals, educational establishments, sports halls, cinemas, theatres, and lecture theatres open to the public. Legislation also prohibits smoking on all buses, trains, and on practically all commercial aircrafts, on all domestic and international flights, regardless of the flight duration. There is no legislation that covers all enclosed public places or workplaces at the current time.

Malaysia

Smoking is prohibited in government offices, prisons, amusement centres, theatres, hospitals, clinics, public lifts, air conditioned restaurants (with some exceptions), on public transport and on domestic airline flights and flights to Singapore.

Malta (Entry updated 7 th April 2005)

A law came into force on 5 th April 2004 prohibiting smoking in certain public places, including hospitals, government departments, schools, sports centres and offices providing public service. Smoking is also prohibited on public transport and on flights, in cinemas, theatres and television studios. From 5 th October 2004, bars and restaurants with an area of over 60 square meters had either to become smoke-free, or have a designated smoking room. From 5 th April 2005, smoking is prohibited in all enclosed public and private premises that which are open to the public. This includes all premises where food and drink are served. All workspaces are also covered by the regulations, and this includes any adjacent corridor, lobby, stairwell, elevator, lift, cafeteria, washroom or other common area frequented by employees during the course of their employment.

Designated smoking rooms are permitted in any establishment covered by the regulation. Designated smoking rooms must:

be totally separate from areas or rooms normally occupied by non smokers
have walls from floor to ceiling
have all apertures leading onto other closed areas, or rooms, tight fitting, and be kept so closed while the premises are open for business
be clearly marked as being reserved for persons who smoke
be situated so that they do not require non-smokers to pass through them.

Maltese and English versions of the Legal Notice 414 of 2004 are available online at:

http://www.doi.gov.mt/EN/legalnotices/2004/09/LN414.pdf

Mauritius

Smoking is prohibited on public transport, in healthcare facilities, schools, cinemas, lifts, police stations, post offices, libraries, sports halls, pharmacies, museums and nurseries.

Moldova

Under legislation introduced in 1980, smoking is prohibited in all enclosed public places, in the workplace, cinemas, in theatres, on public transport and during air flights.

Mongolia

Smoking is prohibited on public transport and in health facilities, on many other worksites and in many public places, on transport vehicles, in offices and in schools.

Montenegro

Parliament passed a law to prohibit smoking in public places in August 2004, which is due to take effect in early 2005.

Morocco

Legislation to prohibit smoking in public places is currently being reviewed.

Nepal

Smoking is prohibited in all health care institutions, except in designated smoking areas. Since 1992, the Government has prohibited smoking in public places, and on public transport, including domestic flights and flights from neighbouring countries.

Netherlands (Entry updated 10 th Feb 2005)

Smoking has been prohibited in public transport vehicles, such as buses and trams, since the mid 1990’s. Non-smoking areas are provided in trains. Smoking is also prohibited in some areas of buildings belonging to or run by the state, including all places to which the public has access and all communal areas (except offices). Smoke-free legislation does not apply in waiting rooms, canteens and leisure rooms where permission may be given to smoke either on a third of the surface area or for a period limited to 1/3 of the opening hours provided this does not bother non-smokers. The Ministry of Social Affairs recommended the introduction of smoke-free workplace legislation in 2004, and it is estimated that this led to one-third of Dutch companies introducing a smoke- workplace policy.

Under a new law that was implemented in January 2004, every company must ensure that their employees are not exposed to environmental tobacco smoke. Employers are permitted to set up special smoking zones, which have to be equipped with smoke extractors. Bars and restaurants are currently exempt from this legislation, as are psychiatric care homes.

New Zealand (Entry updated 10 th Feb 2005)

On 3 December 2003, an amendment to the Smoke-free Environments Act 1990 was passed. The amendment (the Smoke-free Environments Amendment Act 2003), required, among other things that:

the buildings and grounds of schools and early childhood centres become

smoke-free from 1 January 2004

licensed premises (bars, restaurants, cafes, sports clubs, casinos)

become smoke-free indoors from 10 December 2004

other workplaces become smoke-free indoors from 10 December 2004 –

including offices, factories, warehouses, work canteens and 'smoko'

rooms

The use of herbal smoking products is also prohibited under the legislation. There are some exemptions, including prison cells, and smoking rooms are permitted in rest homes, hospitals and psychiatric institutions. Further information regarding the smoke-free law is available from the Ministry of Health Government website at: http://www.moh.govt.nz/smokefreelaw

Norway

As of July 2004, smoking is prohibited in places where food/and or drink is served (including restaurants, cafes, clubs and pubs). Prior to this hospitality workers were the only group of workers in Norway not to have been covered by legislation. Exemptions are allowed, however, to set up special staff rooms intended for smoking. The Act No. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco with amendments is available at:

http://odin.dep.no/hod/engelsk/regelverk/p20042245/042041-990030/dok-bn.html

Pakistan

Smoking is prohibited in most indoor public places since 2002.

Papua New Guinea

Legislation passed in 1987 prohibits smoking in many public places, including hospitals, health premises, and public transport vehicles. Smoking is also prohibited on all domestic flights, in most government offices, and in all institutes of education (except for staff quarters).

Peru

Legislation was introduced in 1991 that prohibits smoking in enclosed public places and in private premises for public use as well as in public transport vehicles.

Philippines

Smoking is prohibited voluntarily in many hospitals and health care institutions, and prohibited in cinemas, theatres and enclosed public places. All high schools and colleges are smoke-free, as are all domestic flights. Voluntary measures exist in some workplaces. Further information and full text of the Tobacco Regulation Act 2003 is available from the Framework Convention Tobacco Control Alliance, Philippines website, at

http://fcap.globalink.org/RA9211_a.html

Poland

Smoking has been prohibited on public transport since 1992. Under the 1996 Tobacco Control and Health Protection Act, smoking is also prohibited in health care establishments, schools and other educational facilities, indoor workplaces and public buildings, with the exception of areas expressly set aside for smokers.

Portugal

Smoking is prohibited in all health care facilities, all premises used by children, educational establishments, enclosed sports facilities, theatres and other enclosed leisure/entertainment facilities, public waiting rooms, lifts, museums and libraries. Smoking is prohibited on public transport vehicles where trips last less than one hour. There is no comprehensive workplace law in place.

Republic of Ireland

On 29 th March 2004 smoking was prohibited in all workplaces, including bars and restaurants. Prisons, nursing homes and psychiatric hospitals are exempt from legislation. However, all employers (even those who are exempt) are still free to enforce the legislation if they wish to. Further information, including a link to the Public Health (Tobacco) (Amendment) Act 2004, is available from the Office of Tobacco Control website, at: http://www.otc.ie/legislation_national.asp

Republic of Korea (Entry updated 16th March 2005)

Under Health Promotion Law, which has been effective since 1995, s moking is prohibited in hospitals and other health facilities, in schools, and in kindergartens. Smoking is also prohibited on public transport, including airplanes, buses, and in subways. Following amendments to Health Promotion Law in 2003, smoking is also prohibited on all trains, including Inter-city trains.

A number of other public places are required to be either smoke-free, or to have a designated smoking area with a ventilation system installed. These include:

office buildings with a floor area of more than 3,000 square metres, and complex buildings with a floor area of more than 2,000 square metres
facilities where performances take place with more than 300 seats
institutes with a floor area of more than 1,000 square metres
mass shopping centres and underground shopping malls
accommodation for tourists
sports grounds or physical training facilities with seated areas
social welfare facilities
waiting lounges, entrances, subways and vehicles for over 16 people used for the carriage of members of the public at the airport, piers, railroad stations and bus terminals
public bathhouses
game shops or shops serving cultural materials
food courts and general restaurants with a floor area of more than 150 square metres
shops that lend comics (under the Youth Protection Law)
government buildings with a floor area of more than 1000 square metres

Romania

Smoking is prohibited in hospitals, schools and on public transport. Smoke-free areas must be provided in lifts, cinemas, theatres, public libraries, public museums, public art galleries, conference and seminar rooms and big department stores. Local authorities have prohibited smoking in all industrial, commercial and institutional workplaces, although provisions are in place for designated smoking areas.

Russian Federation

Smoking is currently prohibited on public transport, in theatres, and in enclosed sports centres. Russia’s upper house of Parliament approved a bill to restrict smoking in public places in November 2004. The bill prohibits smoking on public transport, and in the workplace.

San Marino

Smoking is prohibited in all workplaces, schools, hospitals and on public transport.

Seychelles

Smoking is restricted in health facilities and market places, and is prohibited on public transport, in some clubs, in shops, and theatres.

Singapore (Entry updated 10th March 2005)

Legislation prohibiting smoking in cinemas, theatres and other specified buildings was passed in 1970. Smoking is now prohibited in many enclosed public buildings, including fast food restaurants, air-conditioned restaurants, indoor stadiums, bowling alleys, and billiard saloons. It is also illegal to smoke or use smokeless tobacco while selling or preparing food for sale. Smoking is prohibited on all buses and taxis, and around 90% of domestic flights are smoke-free. The Smoking (Prohibition in Certain Public Places) Act is administered by the National Environment Agency and the can be accessed online at: http://app.nea.gov.sg/cms/htdocs/category_sub.asp?cid=180 - SMOKING

As a result of the recent public consultation conducted by the National Environment Agency (NEA) and the Health Promotion Board (HPB), smoke-free legislation will be extended from October 1 st 2005. From this date, smoking will also be prohibited in bus shelters and depots, public toilets, swimming complexes and stadiums, and in community clubs. Decisions regarding further proposals to extend the number of smoke-free public places, to include entertainment outlets (pubs, bars, discos, nightclubs & KTV lounges), public eating areas known as ‘hawker centres’ and coffee shops, will be made before the end of 2005.

Slovakia

Smoking is prohibited during all indoor meetings and conferences, in all hospitals, schools, cultural and sports premises, and on all forms of public transport. Smoking is also prohibited in all restaurants during main meals, with the exception of restaurants that have designated rooms for smokers.

Slovenia (Entry updated 3 rd March 2005)

In 1996, Slovenia adopted the Restrictions on the Use of Tobacco Products Act, which was amended in 2002, and includes measures to restrict smoking in public places and workplaces. Smoking is prohibited in the following places open to the public: meeting rooms, cinema halls, theatres, nursery care premises, hospitality premises and shops, sports halls, public transport facilities, lifts, cable cars, public toilets, and other premises where non-smokers may be exposed to tobacco smoke involuntarily. In some cases, designated smoking areas are permitted, but areas defined as reserved for smokers must not exceed 50% of the total surface area of any individual premises. Smoking in schools and other education premises, hospitals and health institutions, confectioneries, and government buildings is prohibited under this Act. In hospitality facilities (restaurants, inns, coffee shops, snack bars and bars), designated smoking areas must be provided. However, pubs are not covered by this legislation. In workplaces, smoking is prohibited in all premises with one or more non-smoking employee.

Solomon Islands

Partial smoking restrictions operate in health facilities, government offices, in the workplace and on public transport (including some flights).

South Africa (Entry updated 10 th Feb 2005)

The Tobacco Products Control Amendment Bill (Act 12), passed in 1999, forbids smoking in public places, including workplaces. T he regulations permit smoking in specifically designated areas, but only if certain conditions apply.
Smoking is also prohibited in all health facilities, and on most public transport facilities, although some trains may have a smoking carriage. Smoking is also prohibited in certain outdoor areas as well, including sports stadium. Legislation is currently under review and likely to be updated this year.

South Korea

A law came into force in April 2003 prohibiting smoking in all hospitals, schools, outdoor subway platforms, train passageways and office hallways and bathrooms. Internet cafes, game rooms and restaurants of a certain size must designate non-smoking sections.

Spain (Entry updated 28 th April 2005)

Spain has approved plans to prohibit smoking in public and private workplaces. Legislation will be implemented in January 2006. Smoking will be prohibited in enclosed sports centres, commercial centres, large shops, cultural centres, museums, libraries, and lifts, among other places. Prior to this decision, smoking was already prohibited in all hospitals, educational establishments, public administration premises, in all urban and long-distance vehicles, on all domestic flights shorter than 90 minutes, and in workplaces where smoking may pose an increased health risk (i.e. for pregnant women or children).

Smoking will only be permitted in designated areas in businesses, penal establishments, airports, stations and ports. In pubs and restaurants, owners can still devote up to 30 per cent of their space to smokers, but in designated areas only. If an establishment is too small for the creation of a no-smoking area to be feasible, they will have to choose to be entirely smoking or entirely non-smoking.

Further details of the legislation have yet to be finalised, and other possible exemptions may include prison cells, rooms in nursing homes, psychiatric institutions, golf and rugby clubs, football stadiums, Masonic lodges, and British Legion clubs.

Sudan

Smoking is prohibited in enclosed public places, and on public transport vehicles.

Sweden (Entry updated 16 th March 2005)

The Tobacco Act (1983) states that smoking is prohibited on public transport, and in all enclosed public places including schools, hospitals, shops, banks, waiting rooms, communal premises in housing, and conference facilities. Separate smoking areas may be designated in certain circumstances. Smoking is also prohibited in schoolyards and other outdoor areas for children. Hotels must offer smoke-free rooms. Employers are obligated to ensure that workers are not involuntarily exposed to environmental tobacco smoke in the workplace.

An amendment to the Tobacco Act takes effect on June 1, 2005, concerning smoke-free eating and drinking establishments. So, from 1 June 2005 onwards, all restaurants, cafés and bars become smoke-free. The legislation applies to all other enclosed places serving food and drinks. The regulation also covers establishments with dual activities, such as restaurants with dance-floors.

The legislation allows for the possibility of setting up smoking rooms. Such rooms may only take up a small part of the establishment, and must be located so as to ensure that patrons do not have to pass through them. Employees should only have to make brief visits to smoking rooms to empty ashtrays, for example. Food and drink may not be taken into smoking rooms. More detailed regulations on the design and ventilation of smoking rooms have been issued.

Syria (Entry updated 18 th Feb 2005)

Smoking is prohibited in government buildings, in educational workplaces, in schools, cinemas and theatres, on all-distance flights and on other forms of public transportation, including buses, trains, taxis, and ferries. Since 1996, smoking is also prohibited in restaurants, although this law is reportedly rarely enforced.

Tanzania

Under the Tobacco Products (regulation) Act 2003, smoking is prohibited on public transport, and in hospitals, schools and other public places.

Thailand (Entry updated 3 rd March 2005)

Since 1976, smoking has been prohibited in public places, and since 1985 in cinemas. It is also prohibited in all types of air-conditioned public transport, and on flights of less than 2 hours. Since 1988, smoking has been prohibited in cabinet meetings and all other meetings in Government House, and since 1989 in all premises of the Ministry of Public Health. The Nonsmokers' Health Protection Act, adopted in 1992, grants authority to the Minister of Public Health to create non-smoking areas by regulation in a wide variety of additional public places. Smoking is now additionally prohibited in all a ir-conditioned restaurants, , and designated smoking areas must be provided in all government and private workplaces.

Tonga

Since 1987, smoking is prohibited in all hospitals, health centres and clinics, Ministry vehicles and boats. Partial smoking regulations operate in some theatres, cinemas, places of work, meeting places, government premises and in all churches.

Uganda

Since March 2004, smoking is prohibited in all enclosed public places.

United Kingdom: England

The Government’s White Paper on health published in November 2004 proposes to end smoking in all enclosed public places and workplaces (other than licensed premises). In licensed premises, all restaurants, pubs and bars serving food will be smoke-free; other pubs and bars can choose whether to allow smoking as can member’s clubs. Smoking at the bar area is to be prohibited everywhere. Elements of the legislation would be introduced from 2006 with the full embargo, which will cover ’90-odd percent’ of bars and restaurants, in place by the end of 2008. The White Paper Choosing Health is available at:

http://www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/PublicationsPolicyAndGuidanceArticle/fs/en?CONTENT_ID=4094550&chk=aN5Cor

Meanwhile, more than 30 cities and towns in England are considering local routes to prohibit smoking in public places and workplaces. Some are expected to follow the example of Liverpool and the Greater London Authority, which have started parliamentary steps to enable them to implement smoke-free measures in 2006.

At least nine local authorities are said by the SmokeFree Liverpool campaign to be examining measures such as changing bylaws, licensing laws or health and safety legislation. In addition, 26 councils and 16 NHS primary healthcare trusts in north-east England are planning to shortly establish a California-style Office of Tobacco Control, which may lead to many parts of the region opting for smoke-free measures in the absence of national legislation.

United Kingdom: Guernsey (Entry updated1st April 2005)

On 30 th March 2005, Guernsey enacted comprehensive legislation to prohibit smoking in public places and workplaces. The island will become totally smoke-free by the end of 2005.

United Kingdom: Isle of Man (Entry updated 28 th April 2005)

Plans to introduce an island-wide smoke-free enclosed public places law will go out to public consultation in June/July 2005.

United Kingdom: Northern Ireland (Entry updated 1 st April 2005)

The British Government is considering introducing smoke-free workplace legislation in Northern Ireland identical to the one introduced in the Republic of Ireland in 2004. The Department of Health, Social Services and Public Safety (DHSSPS) launched a public consultation on possible strategies for legislation in 2005, which closed 25 th March 2005. The Health Minister will shortly announce whether or not Northern Ireland will become smoke-free.

United Kingdom: Scotland (Entry updated 29th April 2005)

On 10th November 2004, First Minister Jack McConnell announced in the Scottish Parliament that there is to be legislation to enact smoke-free enclosed public places. Legislation will be introduced by March 2006. Jack McConnell's statement and the parliamentary debate that followed can be found in full in the Official Report at:

http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-04/sor1110-02.htm - Col11669

The Smoking, Health and Social Care Bill can be accessed, at:

http://www.scottish.parliament.uk/business/bills/billsInProgress/smokehealthcare.htm

On March 10 th 2005, regulations that will govern the Bill were published. On April 28 th 2005, the Scottish Parliament voted in favour of the general principles of the Smoking, Health and Social Care (Scotland) Bill following on from a Stage 1 debate on the Bill. The legislation will now go back to committee for further scrutiny, when the proposed regulations that define exemptions to the Bill, and any suggested amendments to the primary legislation will be debated.

It is proposed that premises classed as 'non-smoking' under the regulations will be as follows:

Restaurants
Bars and public houses
Shops and shopping centres
Hotels
Libraries, archives, museums and galleries
Cinemas, concert halls, theatres, bingo halls, casinos, dance halls, discotheques and other premises used for the entertainment of members of the public
Premises used as a broadcasting studio or film studio or for the recording of a performance with a view to its use in a programme service or in a film intended for public exhibition
Halls and any other premises used for the assembly of members of the public for social or recreational purposes
Conference centres, public halls and exhibition halls
Public toilets
Club premises
Offices, factories and other premises or vehicles in which more than one employee works
Educational institutions
Premises providing secure accommodation services
Hospitals, hospices and health centres
Creches, day nurseries, day centres and other premises used for the day care of children or adults
Premises used for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body
Sports centres
Airport passenger terminals and any other public transportation facilities
Public transportation vehicles.

Proposed exemptions under the regulations are as follows:

Residential premises
Adult care homes
Adult hospices
Psychiatric hospitals and psychiatric units
Oil rigs
Private vehicles
Designated hotel bedrooms
Designated police rooms

Where exemptions are proposed, for example in adult care homes and psychiatric units, the Scottish Executive have pledged to ensure that there will be smoke-free policies in place for those residents, staff and visitors who want to be in a smoke-free environment. There will also be support for residents to help them quit smoking.

The draft regulations associated with the Bill are available online at: http://www.scotland.gov.uk/consultations/health/shscrc-02.asp

United Kingdom: Wales (Entry updated 23rd March 2005)

A Bill to give the National Assembly for Wales the power to end smoking in all workplaces and enclosed public places was formally announced in Parliament on January 12th 2005, and had it’s Second Reading in March 2005. The Bill, virtually identical to one already passed by the House of Lords, failed in the Commons as too few MPs turned out to support it.

The Welsh Secretary and Assembly Health Minister have both indicated that Wales may get specific powers to introduce comprehensive legislation, but the Government has not yet given a firm answer on this point. The National Assembly is now conducting hearings on the issue and has previously voted in favour of asking the UK Parliament for the necessary powers in January 2003.

On March 9 th 2005, The Welsh Assembly Government announced that all of its own estates will become smoke-free on July 1 st 2005.

United States of America (Entry updated 29th April 2005)

Eight states have passed smoke-free workplace legislation that includes offices, restaurants, bars, bingo halls, bowling alleys, nightclubs, casinos and public transportation: California (1998); Delaware (2002); New York (2003); Connecticut (2003); Maine (2004); Massachusetts (2004), Rhode Island (came into force on March 1st 2005) and Montana (April 2005). The Montana bill gives bars and casinos four years to comply with the law, which will take effect from October 1 st 2005. The exemption for bars and casinos will expire September 30, 2009.

A further four states have passed smoke-free legislation that prohibits smoking in all enclosed premises except for certain hospitality sector premises. In Florida (2002) bars are exempt from legislation. In Utah (1995), restaurants are classed as smoke-free premises, but private clubs and dedicated bars are exempt. In Idaho (2004) restaurants are classed as smoke-free premises, but bars and bowling alleys are exempt. In Vermont (1995) restaurants and restaurant bars are smoke-free, but establishments that primarily serve alcohol are exempt.

North Dakota’s indoor smoke-free legislation will take effect from August 1 st 2005. The Bill prohibits smoking in most public places, including restaurants, bingo halls, local and state government buildings, livestock auction markets, shopping malls and stores, schools, theatres, coin laundries and most private buildings that are accessed by the public. The measure exempts some indoor workplaces, including bars, tobacco stores, motel rooms where smoking is allowed, and enclosed areas of truck stops where children are not permitted.

Georgia is currently considering a smoke-free enclosed public places bill, under which bars and restaurants that only serve adults would be exempt.

The state Senate has recently approved statewide legislation in Colorado to prohibit smoking in food-service establishments. This would include all restaurants, cafeterias, coffee shops, diners, sandwich shops and short-order cafes. Casinos, bars and offices would be exempt from under the proposed law. The original version of the bill was broader in scope, prohibiting smoking in a much wider assortment of premises, including bars, hotels and casinos. But the measure was amended, as it would not have passed in its original form. Local governments with stricter smoking regulations than those imposed by this bull would not be affected if it comes into force. The measure (Senate Bill 207) now moves to the House for final approval.

At least 13 Texas cities have smoke-free restaurant laws, including Dallas, San Antonio, Arlington, Plano and Texarkana. El Paso has the strongest ordinance, which prohibits smoking in all public places. Corpus Christi passed smoke-free restaurant legislation in December 2004, and the new law took effect from February 1 st 2005. Under this law, smoking was prohibited in all restaurants, but still permitted in bars, defined as establishments that make 75 percent or more of their revenues from selling alcohol. However, the law was suspended on Friday 18 th March, after a sufficient number of valid signatures were submitted to place the smoking ordinance on an upcoming ballot. It is expected that the council will call for an election, and that citizens will vote on the issue on September 10 th 2005. In March 2005, Houston City Council rejected a smoke-free law to prohibit smoking in all public places, but voted to prohibit smoking in restaurants and covered bus shelters. The measure, effective from September 2005, still permits smoking in restaurants, bars and stand-alone bars. Taxis can also prohibit smoking under the ordinance. The council has agreed to revisit the possibility of introducing a more comprehensive measure in 18 months time, after studying the public health and economic impacts of the current ordinance.

A number of additional states are currently considering introducing smoke-free legislation, including Arkansas, Minnesota, Maryland, Utah, Washington, Oregon, New Jersey, and Pennsylvania. A helpful guide to State Smoke-Free Laws is tabled on the United States ASH website, at: http://ash.org/smokingbans.html

Uzbekistan

Since 1994, smoking is prohibited in all enclosed public places, medical institutions, on public transport, and in schools. In other establishments, smoking is restricted to designated areas only.

Vietnam (Entry updated 13 th April 2005)

Smoking has been prohibited in indoor public places since 2000, but until recently, no penalties were issued for violations of the law. On Friday 7 th January 2005, The Minister of Transport and Communications signed a directive prohibiting smoking in offices and reception rooms of the ministry and public places, including stations, airports, ports and on public transport. From this time, anyone not complying with the regulations will face fines.

This information is presented as a public service by:

Action on Smoking and Health (ASH)
2013 H Street NW / Washington, DC 20006 / (202) 659-4310
A national nonprofit, scientific and educational organization founded in 1967.
All donations are fully tax deductible.

Material on this page may be freely reproduced, distributed, and circulated
with attribution given to Action on Smoking and Health.

Dedicated to Mr. and Mrs. Warren Wells