Clearing the Air Scotland - Healthier Scotland - Scottish Executive

Afghanistan

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

Updated 2nd May 2007

It was reported that a bill of law to prohibit smoking in public places, including bars and restaurants, was approved by the government in July 2006.

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

Armenia's first ever restrictions on smoking in public places came into force on March 2, 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

Updated 27th July 2007

Smoking is prohibited in Commonwealth government buildings, aircraft and buses registered under the Federal Interstate Registration Scheme, in all Federal airports, and on all flights operating in domestic airspace.

In Tasmania smoking was prohibited in many public places under the Public Health Act 1997. On 1st January 2006 this was extended to include all bars. As a result all indoor public places and workplaces in Tasmania must be smoke-free. The legislation also prohibits smoking within 3 metres of entrances or exits of non-domestic buildings, furthermore at least half of the tables in outdoor dining areas must be smoke-free. Proposed new laws to prohibit smoking in cars with child passengers are to go before the Cabinet in early 2007.

In Queensland under the Tobacco and Other Smoking Products Act smoking is not allowed in most indoor public places. Following a review of the tobacco laws the Tobacco and Other Smoking Products Amendment Act 2004 was passed in November 2004 and are more smoke-free areas are being phased in between 1st January 2006 and 1 July 2006:

On January 1st 2005, the following areas became smoke-free zones:

• Within 4 meters of entrances to non-residential buildings
• Between the flags at patrolled beaches
• Within 10 metres of children¿s playgrounds
• At artificial beaches (eg.. Southbank Beach, Brisbane)
• At all major sporting stadiums managed by the Major Sports Facilities Authority
• Within 4 metres of building entrances
• In at least one third of the indoor area of liquor licensed premises and at least one-third of all poker machines.

To allow all Queenslanders to fully understand these changes, Queensland Health allowed a grace period of three months (to 30th March 2005). During this time Environmental Health Officers inspected premises and provided advice and education about the new laws. Details of penalties and enforcement can be found on the Queensland Health website.

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 are permitted for casino higher roller rooms.

In New South Wales most enclosed public places became smokefree on 6 September 2000 under the Smoke-Free Environment Act 2000 and the Smoke-Free Environment Regulation 2005. A ban on smoking in licensed premises will be phased in by July 2007 under the Smoke-Free Environment Amendment Act 2004, Smoke-Free Environment Amendment Regulation 2005 and Smoke-Free Amendment (Enclosed Places) Regulation 2006. From 4th July 2005, smoking was only permitted in an area not exceeding 50% of the total combined area of bar/gaming/recreational area. Toilets, lobbies, throughfares, dance floors and auditoria in all became smoke-free. From 3rd July 2006, clubs were be permitted a maximum of one smoking room, not exceeding 25% of the total combined area of bar, gaming and recereational rooms. From 2nd July 2007 smoking is no longer permitted in any indoor areas of licensed premises. Smoking is permitted in the private gaming areas of the Star City Casino, although this exemption will be reviewed annually.

In Western Australia all enclosed public places became smoke-free on 31st July 2006 under the Tobacco Products Control Act 2006 and associated regulations. The only exemption is for the Burswood Casino¿s International Room. Before the 31st July most public places, apart from licensed premises, were already required to be smoke-free. Further information is available from the Tobacco Control Branch of the Western Australia Department of Health

In Victoria, the Tobacco Act 1987 prohibits smoking in restaurants, cafes, dining areas and shopping centres. On the 1st March 2006 enclosed workplaces, covered railway platforms, bus and tram stops and underage music and dance events became smoke-free under new tobacco laws. Enclosed licensed premises and outdoor eating and drinking areas (where there is a roof and the wall surface area is more than 75%) became smoke-free on 1st July 2007. Gambling areas at the Crown Casino are exempt from the legislation. Further information can be found on the Victorian Government's Tobacco Reforms website..

In South Australia, under the Tobacco Products Regulation Act 1997 smoking is prohibited in enclosed public places, workplaces or shared areas. However there are temporary exceptions. Until the end of October 2007 smoking is permitted in licensed premises with multiple bars, but at least one bar must be smokefree, and in premises with one bar but at least 50% of the bar area must be smokefree and in casinos but at no more than half of the bars. Until November 2007 the Act does not apply in a designated smoking area in gaming areas, which cannot contain more then 50% of gaming machines. From November 2007 all temporary exemptions will be expire, making all enclosed public places smokefree.

In the Northern Territory many public places became smokefree on 1st January 2003 including eating places, community buildings, public transport, dancefloors and schools or within 2 metres of entrances to non-domestic buildings. On 31st May 2003 licensed premises were required to provide "equal amenity" for nonsmokers and smokers and smoking was no longer permitted in enclosed workplaces.Further information on legislation in the Northern Territory is available from the Department of Health and Community Service. The results of a review of legislation in the Northern Territory are pending.

In 1994, the Australian Capital Territory became the first jurisdiction in Australia to enact legislation to restrict smoking in enclosed public places. The Smoke-Free Areas (Enclosed Public Places) Act 1994 required most enclosed public places to go smoke-free by December 1994. Restaurants and licensed premises could seek a certificate of exemption if they met certain air-quality standards. Exempt restaurants could not be more than 25% smoking and exempt licensed premises could not be more than 50% smoking. An amendment to the legislation ending this exemption system was passed in 2003 and came into force on 1st December 2006.

However this Act will be repealed by the commencement of the Smoking (Prohibition in Enclosed Public Places) Act 2003 on 1st December 2006. This Act prohibits smoking in enclosed public places, the regulations accompanying the Act defines an enclosed place it is 75% or more enclosed or is covered (fixed or moveable).

Austria

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

Smoke-free areas have been introduced in hospitals, on public transport, in lifts, theatres, cinemas and government premises. Some workplaces have taken voluntary measures to ensure smoke-free areas.

Belgium

Updated 24th January 2007

On 1 January 2006 smoking was prohibited in most workplaces under a 2005 Royal Decree, although seperate smoking rooms can be provided. On 1st January 2007, smoking was prohibited in restaurants, although a seperate room can be set aside for smokers providing no food is served in it. Bars larger than 50m² must provide seperate smoking and smoke-free areas and smoking is still permitted in bars smaller than 50m². Penalities range from EUR 150 to EUR 1650.

Smoking on public transport vehicles (trams, buses, underground trains) has been prohibited since 1976 and in 2004, the national train company prohibited smoking on all domestic trains.

Prior to the 2005 Royal Decree smoking in cafes, hotels and restaurants was 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 50m² should provide 50% non-smoking areas, which are clearly indicated as such. All cafÈs and restaurants are also required to have a smoke extraction or air ventilation system. Under the same Royal Decree, smoking in enclosed public places is not permitted, although enclosed premises where foods and/or drinks are offered for consumption are exempt from legislation. Smoking is not permitted 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. This Royal Decree was badly enforced. In 2004, for example, 43% of bars and restaurants did not comply with the legislation. A Royal Decree of February 7, 1997 forbid smoking in places where food products are produced, stored or sold.

From 1st April 2005, Belgian businesses were 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.

Bermuda

Legislation for smokefree public places was accepted in the House of Assembly and was unanimously approved by the Senate in December 2005. The legislation, which prohibits smoking in all enclosed public places, came into force 1, April 2006, although there will be a six month grace period when no prosecutions will be made.

The environmental health department is responsible for enforcing the law. Employers caught breaking the law for the first time face a fine of $250 and repeat offenders face a fine of $1000. Fines of $1000 can also be issued for failing to display no-smoking signage.The Health Minister has the power to grant exemptions.

The legislation also ends the sale of cigarettes from vending machines, ends tobacco advertising at sporting events and makes it illegal for cigarettes to be sold to anyone under the age of 18.

Bhutan

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.

Brazil

Under Law 9294, 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 collective areas, except in designated smoking areas. Designated smoking areas must be properly isolated and have adequate ventilation. Decree 2018 issued in October 1996 defines the terms collective areas and desiganted smoking areas. Collective areas include public offices, hospitals and health clinics, classrooms, libraries, places of collective work, and cinemas and theatres. Smoking is also prohibited in all Ministry of Health facilities.

The use of smoking products was prohibited on aircrafts and on public transportation under Law 10167 in 2000.

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. The law also obliges the owners of offices, restaurants, bars and other public venues with ventilation systems installed to monitor its efficiency and have it professionally checked annually.

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

Updated 5th January 2007

Nine of Canadaís 13 provinces and territories have comprehensive smoke-free laws: Northwest Terriotories (2004); Nunavut Territory (2004); New Brunswick (2004); Manitoba (2004); Saskatchewan (2005); New Foundland and Labrador (2005); Ontario (2006); Quebec (2006) and Nova Scotia (to be implemented December 1, 2006).

The provinces and territories of British Columbia; Prince Edward Island; Alberta and Yukon have lesser degrees of smoking restrcitions

Northwest Territories
Smoking is prohibted in all workplaces, and therefore most public places, under section 25 of the Safety Act - Environmental Tobacco Smoke Work Site Regulations which came into force in May 2004. Smoking is also prohibited in a three meter radius of entrances and exits of workplaces. Designated smoking areas are permitted in certain circumstances, for example where a worker lives at the workplace. The Environmental Tobacco Smoke Work Site Regulations are available here.

Nunavut Territory
The Tobacco Control Act came into force on February 1, 2004 and prohibits smoking in all workplaces and within a three meter radius of entrances and exits. Municipalities can pass by-laws to further restrict smoking.

New Brunswick
Under the Smoke-free Places Act smoking is not allowed any enclosed public place or indoor workplace. However, smoking is permitted in designated hotel rooms and in designated smoking rooms in group living facilities. The Act came into force on October 1, 2004. The Smoke-free Places Act is available here and the regulations are available here.

Manitoba
The Non-Smokers Health Protection Act took effect in October 2004. Smoking is prohibited in all enclosed public places and indoor workplaces, including bars and restaurants. The legislation does not apply to federal workplaces or reserve lands. Municipalities can pass their own by-laws but the Provincial law takes precedent unless the municipality restriction is more severe. Information on the Non-Smokersí Health Protection Act from the Government of Manitoba is available here.

Saskatchewan
Under The Tobacco Control Act smoking was prohibted in all enclosed public places, including bars, restuarants and private clubs on January 1, 2005. Public health inspectors are responsible for enforcing the law. The Act gives municipalities the juristriction to enact stricter bylaws which could be used to ban smoking in outdoor areas, in muncipalities which already had more restrcitive legislation than the Act the bylaw prevailed. The Federation of Saskatchewan Indian Nations voted not to implement the provinceís legislation on Indian land. Further information from the Government of Saskatchewan and a link to the Tobacco Control Amendment Act and Regulations is available here.

Newfoundland and Labrador
Under the Smoke-Free Environemnt Act smoking has been prohibted in day-care centres, schools, retail stores, acute health facilities, buses, taxis and recreational facilities since 1993. Amendments to the Smoke-Free Environment Act in 2002 required that restaurants frequented by children became smoke-free. From July 1, 2005, all workplaces and enclosed public places were required to prohibit smoking. The Smoke-Free Environment Act, 2005 is available here.

Ontario
The Smoke-Free Ontario Act and the associated regulation came into force on May 31, 2006 prohibiting smoking in all workplaces and enclosed public places. Smoking is also prohibited in common areas of condominiums, apartment buildings and college residences. Controlled smoking areas are permitted at long-term care homes and management at hotels, motels and inns can designate guest rooms to be smoking. Aboriginal persons have the right to use tobacco if it is being used for traditional cultural or spiritual purposes. Further information is available from the Ontario Ministry of Health Promotion.

Quebec
Amendments to the Tobacco Act came into force on May 31, 2006. Smoking is prohibited in all workplaces and all enclosed public places, and within a 9 metre radius outside of health and social services institutions, post-secondary educational institutions and facilities where activities for minors are provided. A maximum of 40% of rooms in residential psychiatric institutions, residential and long-term care centres, rehabilitation centres and shelters for the indignant or those in distress can be designated smoking, as can 40% of rooms in a tourist accommodation facility. Cigar lounges which were open before 10th May 2005 are also exempt from being smoke-free. Further information can be found on the Quebec Sante et Services Sociaux website.

Nova Scotia
Amendments to the 2003 Smoke-Free Places Act received final approval in November 2005 and came into force on December 1, 2006. Smoking is now prohibited in all indoor public spaces and workplaces as well as outdoor bar and restaurant patios. At present smoking is forbidden in buildings frequently by anyone under 19, including malls and sports facilities. Smoking is permitted in ventilated rooms in restaurants, as well as everywhere in bars after 9pm.

Chile

From Monday August 14 2006, smoking is prohibited on public transport, in schools and health centres. Smoking is only permitted in designated areas of shopping centres and universities.

From 2007 larger restaurants must provide a non-smoking area and smaller restaurants have to decide whether they will permit smoking throughout or be smoke-free. Under 18s are not permitted in smoking areas.

China

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 prohibited in cinemas, shopping malls, supermarkets, banks and department stores. In October 2004, plans were announced to extend this law. In May 2005, the Hong Kong Government published a bill extending existing smoke-free laws to nearly all public indoor areas, including restaurants, bars and workplaces. The bill, which also includes restrictions on tobacco advertising and promotion, will also prohibit smoking in schools, karaoke bars, mahjong and massage parlours, commercial bath-houses and nursing homes. Smoking at home, in hotel rooms, and in smoking areas of airports will be exempt from the revised law, which gives affected premises a three-month grace period. It is thought that the amended regulations will take effect from August 2006 at the latest.
The health department of Chinese government has recently announced that smoking will be prohibited on public transport and indoor workplaces during 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.

Cote 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

From February 7, 2005, smoking is prohibited in theatres, shops, buses, taxis and other enclosed public areas under a 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. It is not certain yet whether smoking will be prohibited in bars. Smoking is also prohibited in education and health workplaces, and in all government buildings.

Cyprus

Legislation on smoking was reinforced in 1988, 2000 and 2002 and now covers all public transport vehicles, including taxis, as well as private cars that carry passengers below 16 years of age. 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 prohibitied 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.

Czech Republic

Legislation prohibiting smoking in schools, theatres, cinemas, sports halls and state administration offices as well as at bus and tram stops was implemented on January 1, 2006. The new law reversed previous legislation under which smoking was prohibited in restaurants when food was being served. The penalty for breaking the law is 1,000 crowns.

In February 2006 a new version of the Bill which proposes to prohibit smoking in all workplaces including restaurants was returned to its authors for further consideration.

Denmark

Updated 22 August 2007

Legislation came into effect on 15 August 2007 prohibiting smoking in most public buildings. Workplaces, shops, schools, public transport and entertainment facilities are all now smoke-free. Smoking is prohibited in bars, cafes and restaurants bigger than 100 sq m, although separate smoking areas are permitted. Bars smaller than 40 sq m which do not serve food are exempt.

In 1988 smoking was restricted in state-owned governmental premises such as administrative offices, hospitals, day care centres, residential institutions and educational establishments. 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 smoking was 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 didn't apply to workplaces in the private sector, although they were encouraged to make similar provisions.

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.

England

Updated 27th July 2006

England went smoke-free when the Health Act 2006 came into force on at 6am on 1st July 2007.

Smoking is prohibited in most wholly and substanially enclosed public places and no smoking signs must be displayed in smoke-free premises and vehicles.

The following places are exempt from the legislation:

• private accomodation and private vehicles
• designated hotel bedrooms
• designated rooms in adult residential care homes, hospices and prisons
• during performances where artistic integrity makes it appropriate for a person to smoke
• specialist tobacconist shops are exempt for the purposes of sampling cigars or small amounts pipe tobacco within the shop's premises. However, cigarette smoking is not permitted.
• designated rooms in offshore installations
• designated room in a research or testing facility

Smoking is also permitted in vehicles used for work purposes if they are for the sole use of one driver. Convertible cars used for work purposes are also exempt when the roof is completely removed or stowed.

Rooms in mental health units can be designated solely for the purpose of smoking for use by residential patients over the age of 18. However this exemption only applies until 1st July 2008 .

Further information is available from Smokefree England .

Background
The Health Bill was introduced to the House of Commons on 27th October 2005. Under Part 1 of this Bill the government proposed to prohibit smoking in all enclosed public places, with exemptions for private member's clubs and licensed premises which do not serve or prepare food and residential premises (including prisons, long-stay care homes and hotel rooms). An amendment was tabled by the Health Select Commitee on 10th January 2006 to removed the exemptions for non-food pubs and private members clubs. MPs were also voted on the option of voting for an exemption for private members clubs but not non-food pubs.

The Health Bill also provides the National Assembly for Wales with the power to introduce smoke-free legislation in Wales.

The publication of the Health Bill followed a consultation during the summer on the proposals set out in the 2004 Public Health White Paper: Choosing Health: making healthier choices easier. In the Choosing Health White Paper the Government proposed to end smoking in all government departments and NHS premises by the end of 2006, with exemptions made for long-stay residential homes and mental health hospitals. It was proposed that all enclosed public places and workplaces would be smoke-free by the end of 2007, with exemptions for licensed premises. The measure would extend to all pubs and bars where food is prepared and served by the end of 2008. Other pubs and bars and member's clubs would be able to choose whether to allow smoking. Smoking at the bar area would be prohibited everywhere. If the legislation had gone ahead, it is likely that up to 30% of pubs would be able to permit smoking.

A free vote was held at the Commons Report Stage of the Health Bill on 14th February 2006, MPs voted 384 to 184 in favour of comprehensive legislation prohibiting smoking in enclosed public places. The Bill passed through the House of Lords and was given Royal Assent on 19th July becoming the Health Act 2006. The Department of Health launched a consultation on the proposed regulations for the Act which ran from 17 July to 9th October 2006.

Five sets of regulations set out the details of England's smoke-free legislation.

More than 30 cities and towns in England had considered local routes to prohibit smoking in public places and workplaces. Liverpool and the Greater London Authority started parliamentary steps to enable them to implement smoke-free measures in 2006.

At least nine local authorities were 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 considered plans to establish a California-style Office of Tobacco Control, which may have led to many parts of the region opting for smoke-free measures in the absence of national legislation.

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

Updated 27th July 2007

Smoking was prohibited in most indoor public places, on public transport and in schools under the 1977 Tobacco Act. In 1995, the law was amended to end smoking in school playgrounds and workplaces. 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.

The Tobacco Act was amended again in 2000 to restrict smoking in bars and restaurants and came into force in stages. By July 2003, smoke-free areas in bars and restaurants became compulsory and smoking at bar service counters and gambling tables was no longer permitted.

A further amendment to the law on smoking in public place was passed by the parliament in June 2006 and came into force on 1st June 2007. Under this latest amendment smoking is permitted only on open-air patios and in closed smoking rooms. Drinking, eating or entertainment is not permitted in the smoking rooms. Bars, cafes and restaurants larger than 50sqm with a ventilation system were given the opportunity to apply for a permission to allow smoking in designated areas during a two year transitional period until 2009.

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

Updated 3rd May 2007

A decree to end smoking in most public places was issued on 16th November 2006 and came into force in most public places on 1st February 2007. Smoking is no longer permitted in schools, offices, factories, shopping centres, entertainment venues, stations, airports and government facilities. From 1st January 2008 bars, restaurants and nightclubs will be smoke-free.

Previously, under the Loi Evin, smoking is restricted in enclosed public places, and in areas that constitute a place of work. Designated smoking areas were permitted within these premises, as long as priority was given to the protection of non-smokers, and set ventilation standards were respected. In restaurants and bars, there was flexibility regarding the amount of space designated for smoking and non-smoking areas, again so long as priority was given to non-smokers. Smoking is prohibited on suburb trains and on the Paris underground.

A new bill proposing an end to smoking in public places was submitted to the French Parliament in Autumn 2005. The bill was backed by more than 60 politicians and supports the decision made in Franceís highest court in June, which ruled that employers must protect workers from secondhand smoke. However the bill failed to win the support of ruling-parties deputies.

In April 2006 health minister Xavier Bertrand confirmed that a ban on smoking in public places was on the agenda and that there would be a consultation on the issue. In May 2006 President Jacques Chirac said that "final decisions" would be made before the end of the year. Prime Minister Dominique de Villepin announced on 8th October 2006 that smoking would be banned in most public places from 1st February 2007 and in others from 1st January 2008.

SNCF (the French state railway company) introduced a ban on smoking in late 2005. All Air France flights are non-smoking.

Germany

Updated 9 October 2007

In July 2006 Consumer Affairs Minister Horst Seehofer said that a ban on smoking in public places would likely come into force during 2007 and it would be added to the agenda after the summer break. Seehofer also said that he was unhappy with the progress being made in creating smoke-free areas. However the proposal for a nationwide ban on smoking in restaurants, bars and schools was hindered in December 2006 when government legal experts discovered that this may be unconstitutional. Chancellor Angela Merkel was reported to be going to persuade regional leaders to introduce smokefree measures.

The federal government and the 16 state governments met in February 2007 and reportedly agreed in principle to prohibit smoking in indoor public places such as discos, theatres, cinemas, museums, hospitals and schools. On 22 March 2007 the Federal states agreed to provide exemptions for premises with seperate smoking rooms and for small bars. The 16 state parliaments now need to approve this measure before it can be implemented.

The federal government agreed to end smoking in government buildings, on public transport and at public transport stations in February 2007 and this was implemented on 1 September 2007.

On 1 August 2007 in Lower Saxony and Baden-Wurttemberg smoking was banned in local authority buildings, schools, hospitals, bars and restaurants, although in Lower Saxony compliance checks will only start in November. Meckleburg-Western Pomerania banned smoking in schools, hospitals and local government buildings on the same day.

The German Government and the country's Hotel and Catering Association had previously agreed to expand the space set aside for non-smokers in almost all restaurants and cafes on 2 March 2005. 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 1st 2008. This agreement is to be phased in, and 30% of restaurants and cafes will be expected to have set aside 30% of space for non-smokers by 1 March 2006. By 1 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. It was thought that if this agreement was fully implemented, the hotel and catering industry would avoid legislation sought by lawmakers in the upper house of parliament.

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.

Guernsey

Updated 5th September 2006

The Smoking (Prohibition in Public Places and Workplaces) (Guernsey) Law 2005 came into effect at 4am on 2nd July 2006. Smoking is not permitted in most enclosed public places and workplaces, including shared works vehicles.

Exempted premises are: prison cells at the States Prison; designated hotel bedrooms; workplaces used by one person; enclosed workplaces on fishing vessels and designated non-public areas in nursing and residential homes, acute psychiatric wards and long stay wards providing measures are taken to minismise exposure to secondhand-smoke.

Licensed premises must display no smoking signs at entrances, toilets, bar counters and staff rooms outlining what action should be be taken if smoking occurs and a summary of the penalities.

Environmental Health Officers have been charged with monitoring compliance and providing advice for businesses. A Smoke-Free Action Line has been set up for reporting non-compliance with the law. Non-compliance with the law could result in a fine of up to £1000.

Further information, including links to the legislation, is available from the States of Guernsey website.

Hong Kong

Updated 31st May 2006

In Hong Kong, smoking is prohibited in cinemas, shopping malls, supermarkets, banks and department stores. In October 2004, plans were announced to extend this law. In May 2005, the Hong Kong Government published a bill extending existing smoke-free laws to nearly all public indoor areas, including restaurants, bars and workplaces. The bill, which also includes restrictions on tobacco advertising and promotion, will also prohibit smoking in schools, karaoke bars, mahjong and massage parlours, commercial bath-houses and nursing homes. Smoking at home, in hotel rooms, and in smoking areas of airports will be exempt from the revised law, which gives affected premises a three-month grace period. It is thought that the amended regulations will take effect from August 2006 at the latest.

Hungary

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.
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, 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 1st 2006. By March 1, 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.
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

Updated 5th September

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/

The Icelandic parliament approved a bill in June 2006 prohibiting smoking in bars, restaurants and nightclubs. The law is due to come into force on 1 July 2007.

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 any place to which the public has access, including auditoriums, hospital buildings, railway waiting rooms, amusement centres, restaurants, public offices, court buildings and libraries. Open spaces that are accessed by the public are not covered by legislation. Any hotel that has thirty rooms or more, and any restaurant that has seating capacity of thirty persons or more, may provide a designated smoking area.

Indonesia

A bye-law on air pollution was implemented in Indonesia's capital city Jakarta on February 4, 2006, which restricts smoking in certain places. Smoking is no longer permitted on public transport, in places of worship and schools and in other public places. Civil security men will monitor implementation and penalties are up to six months in jail and fines of up to 50 million rupiah. Early reports suggest a certain amount of confusion over the restriction and that people are ignoring it.

Ireland

On March 29, 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: www.otc.ie/legislation_national.asp

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. A bill prohibiting smoking in public places was reported to have been approved by the Iranian government on May 10, 2006. If approved by the Guardian Council smoking will be prohibited in public groups, restaurants and private cars, however the Guardian Council rejected a similar bill in 2005.

Isle of Man

Updated 27th July 2007

The Public Health (Tobacco) Act 2006 (pdf, 185kb) was signed in Tynwald and received Royal Assent on 16 October 2006. Part 2 of the Act makes smoking an offence in most wholly or substantially enclosed public places.

The Prohibition of Smoking in Certain Premises Regulations 2007 (pdf, 56kb) set out definitions of wholly and substainally enclosed, lists the no-smoking premises and exemptions and details the requirements for no smoking signage.

Most public places will be smoke-free once the law comes into effect on 30th March 2008, including the island's prison. The following premises are exempt from the legislation:

• residential accommodation
• private vehicles
• designated rooms in care homes
• hospices and psychiatric units
• designated hotel bedrooms
• desigmated rooms in offshore installations
• designated detention or inteview rooms.

A public consultation exercise was carried out in July 2005 by the Public Health Directorate to gather views on measures to reduce the harm cause by second-hand smoke. 91.9% of respondents said that they were in favour of law to make enclosed public places smoke free. The results of this consultation are available here.

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. Restaurants 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 January 10, 2005.

The new law prohibits smoking in offices, bars, restaurants, hotels, theatres, discos and café 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 separate ventilation system.

Japan

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 commuting 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.

Jersey

Updated 5th January 2007

At 4am on 2nd January 2007 workplaces in Jersey went smoke-free under the Restriction on Smoking (Workplaces) (Jersey) Regulations 2006. Exemptions are provided for prison cells, police interview rooms, hotel rooms, laboratories used for testing smoke, nursing and mental nursing homes, residential homes, hospices, workplace occupied by a charity for charitable purposes, solo workplaces, on stage or film sets under certain circumstances and sleeping accommodation where provided at a workplace. Signage notices must be displayed in certain premises.

Further information is available from the States of Jersey Times Up website

Kenya

Updated 12th June 2006

It was reported that Health Minister Charity Ngilu signed a legal notice on 13th May 2006 banning smoking in public places. The legal notice also restricts tobacco advertising and importation. The ban includes offices and workplaces, health institutions, educational institutions, places of worship, police stations and prisons, public transport terminals, retail establishments, cinema, theatres and sports stadia. The ban came into force on 29th May 2006, however the Kenyan High Court ordered a 30 day suspension of the ban on 31st May after tobacco companies challenged the restriction.

The Tobacco Control Bill (2004) is still undergoing amendments and will be be published in due course. It will most likely include provisions to prohibit smoking in public places.

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

Updated 24th January 2007

Smoking was prohibited in most public places including cafes, restaurants, discos, nightclubs and bars and other public establishments on 1st January 2007.

Luxembourg

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.

Macedonia

It was reported that as of January 1, 2006, legislation banning smoking in public places came into force.

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

A law came into force on April 5, 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 October 5, 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 April 5, 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.
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. Several German lawmakers are also pushing for legislation to outlaw smoking whilst driving.

Nepal

Updated 16 June 2006

In June 2006 it was reported that the Health Ministry is planning on introducing a tobacco control act to ban smoking in public places such as government offices, public transport, schools and hospitals. This followed an order from the Supreme Court to introduce a ban on smoking in public places and tobacco advertising in newspapers and magazines.

Netherlands

Updated 27th July 2007

Legislation came into force on 1st January 2004 under the Tobacco Law regulating smoking in the workplace and on public transport. The Tobacco Law stipulates that employers take measures so that employees are not exposed to environmental tobacco smoke and so that travellers can travel from one destination to another without being exposed to environmental tobacco smoke.

Exemptions from this legislation include:

• areas designated for the public in hotels, bars and restaurants
• hospitality areas designated for the public in certain non-public theaters and entertainment facilities (as defined by law)
• areas designated for the public in slot machine halls
• areas designated for the public in tobacco specialty stores (as defined by law)
• international public transportation fulfilling certain conditions
• areas in which the employer has no say
• areas considered to be private
• separated and designated smoking facilities
• outdoors
• means of public transportation exploited by international consortia or a foreign company as long as these means of transportation are only used for cross border transportation
• the outdoors or open means of transportation

In February 2007 it was reported that the coalition government wants to end smoking in restaurants, cafes, hotels, fast-food outlets and discos by 2011 at the latest. The previous government had a covenant with the catering industry to reduce second-hand smoke exposure but effects were limited.

On 5th July 2007 the Netherlands' government agreed to adopt a proposal from Health Minister Ab Klink to ban smoking in cafés restaurants, hotels and sports facilities. Closed, designated smoking rooms will be permitted service will not be provided in those rooms. The hospitality industry had requested an exemption until 2011 but this was rejected. The ban will come into force in July 2008.

New Zealand

On December 3, 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 January 1, 2004
• licensed premises (bars, restaurants, cafes, sports clubs, casinos) become smoke-free indoors from 10 December 2004
• other workplaces become smoke-free indoors from December 10, 2004 ‚Äì 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

South Taranaki has recently announced its smoke-free policy in parks and playgrounds, a first for New Zealand.

North Korea

Under Health Promotion Law effective since 1995 smoking is prohibited in hospitals and other health facilities, in schools, and in kindergartens. Smoking is also prohibited on public transport, including airplanes, most trains, buses, and in subways. Inter-city trains are permitted to have designated smoking areas.

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 1,000 square metres

Northern Ireland

Updated 2nd May 2007

Smoke-free public places legislation came into force in Northern Ireland at 6am on 30th April 2007 under The Smoking (Northern Ireland) Order 2006.

There are only a few exemptions to the Order. The exemptions are: private accommodation, designated bedrooms in hotels, designated rooms in residential care homes, nursing homes and research and testing facilities, specialist tobacconists (for sampling purposes), prisons, young offendersícentres and remand centres (certain areas are not exempt), designated rooms in residential accommodation in mental health units (until 30 April 2008), a designated room used as a detention cell within a police station, an exercise area within a police station and an interview room within a Child Abuse and Rape Enquiry (CARE) suite (until 30th April 2008).

Health Minister Shaun Woodward announced on 17th October 2005 that legislation to control smoking in enclosed public spaces and workplaces, including bars and restaurants, would be introduced in Northern Ireland. The announcement of smoke-free legislation followed a Department of Health, Social Services and Public Safety (DHSSPS) public consultation on possible strategies for legislation in March 2005, to which nearly 71, 000 people responded to. More than 91% of respondents were in favour of comprehensive smoke-free legislation.

The government announced in June 2005 that it would introduce a partial smoking ban in Northern Ireland, outlawing smoking in enclosed workplaces and in pubs and bars that serve food.  The Health Minister then took a few months to consult with experts and the public before making the decision to bring in comprehensive legislation that covering all public enclosed places.

A consultation on the draft smoke-free regulations was launched by the DHSSPS on 25th September 2006 and closed on 3rd November 2006. 

The draft Smoking (Northern Ireland) Order 2006 was passed in the House of Lords on 9th October 2006.

Further information is available from the 'space to breath for Northern Ireland' website.

Norway

As of June 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 March 9, 1973, relating to Prevention of the Harmful Effects of Tobacco with amendments is available at:
http://odin.dep.no/

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

Updated 27th July 2007

Legislation was passed on 28th June 2007 to prohibits smoking in offices, shopping centres and teaching facilities. Proprietors of bars, restaurants and clubs smaller than 100sqm the choice over whether or not to permit smoking on their premises. If they choose to permit smoking a ventilation system must be installed.

The law will come into force on 1st January 2008.

Puerto Rico

Governor Anibal Acevedo Vila signed a law prohibiting smoking in enclosed public places on March 2, 2006. Along with banning smoking in restaurants, bars and casinos, the law also prohibits smoking in private cars when children under 13 are present. The fine for non-compliance is $250, although doubts have been expressed over how strenously the law will be enforced. It is due to come into force in March 2007.

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.

Scotland

Scotland became the first part of the UK to ban smoking in enclosed public places when legislation came into force at 6am on Sunday, March 26, 2006.

In November 2004, First Minister Jack McConnell had announced in the Scottish Parliament that there would be legislation.

In April 2005, the general principles of the Smoking, Health and Social Care Bill were debated at Stage 1 in Parliament and passed. At the Stage 2 debate (June 14th 2005), a number of MSPs proposed amendments to the Bill that would have weakened the policy intention, including trying to win exemptions for actors on the stage, and for certain liquor-licensed premises. An amendment was also put forward for first offences to go unpunished. These amendments were not supported.

Other Stage 2 amendments that further strengthened the Bill were passed, including the proposal to widen the definition of 'smoking' in public places to include the use of herbal cigarettes, and the proposal to prohibit smoking in partially enclosed, as well as wholly enclosed public places.

On June 30, 2005, the Scottish Parliament voted by a majority of 97 to 17 in favour of the new law, with one abstention. The Smoking, Health and Social Care (Scotland) Act 2005 came into effect on March 26, 2006.

Premises classed as 'non-smoking' under the regulations are as follows:

• Restaurants
• Bars and public houses
• Shops and shopping centres
• Hotels
• Libraries, archives, museums and galleries
• Cinemas, concert halls, theatres, bingo halls, gaming and amusement arcades, 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 non-domestic premises in which more than one persons works
• Educational institution premises
• Premises providing care home services, sheltered housing, secure accommodation services (and offender accommodation services/bail hostels)
• Hospitals, hospices, psychiatric hospitals, psychiatric units and health care premises
• 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
• Vehicles which one or more persons use for work
• Public telephone kiosks

Proposed exemptions under the regulations are:

• Residential accommodation
• Designated rooms in adult care homes
• Adult hospices
• Designated rooms in psychiatric hospitals and psychiatric units
• Designated hotel bedrooms
• Detention or interview rooms which are designated rooms
• Designated rooms in offender accommodation service premises (bail hostels)
• Offshore installations
• Private vehicles

The Scottish Executive's Clearing the Air website includes up to date information on all aspects of the legislation.

Seychelles

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

Singapore

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/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 was extended on October 1, 2005. Smoking is now prohibited in bus shelters and depots, public toilets, swimming complexes and stadiums, and in community clubs.

From July 1, 2006, the operators of coffee shops and ëhawker centresí can designate up to 20% of their outdoor seats as smoking corners, however, all indoor sections of coffee shops must be non-smoking.

From July 1, 2007, operators of indoor entertainment outlets (karaoke lounges, pubs, bars, discos, nightclubs, etc.) will be allowed to set up a designated smoking room, however it must be separately ventilated and should not exceed 10% of the outlets total premises. Operators of outdoor entertainment outlets will be able to designate up to 20% of their seating area as ësmokingí.

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

Updated 22 August 2007

Legislation came into force on 5 August 2007 prohibiting smoking in almost all public places. However smoking rooms are permitted, although they must not exceed more than 20% of premises, no eating or drinking is allowed and are not permitted in areas where smoking was already banned such as educational and health care institutions. Hotel rooms, retirement homes, prisons, psychiatric hospitals are exempt from the legislation. The same piece of legislation increased the age limited for buying tobacco from 15 to 18.

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

Updated 13th October 2006

The Tobacco Products Control Amendment Bill (Act 12), passed in 1999, forbids smoking in public places, including workplaces. The regulations permit smoking in specifically designated areas, but only if certain conditions apply. This legislation was put out for review in 2003 and in September 2006 an amended bill was tabled in seeking to widen the definition of public place.

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.

South Korea

Under Health Promotion Law, which has been effective since 1995, smoking 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

Spain

Updated 5th September 2006

On 15th December 2005 the Spanish parliament gave final approval to anti-tobacco legislation which included regulating smoking in the workplace. The legislation, which prohibits smoking on public transport, in offices and shopping and cultural centres and other public places, came into force on 1st January 2006.

Bars, restaurants and places of entertainment with over 100 sq m of floor space had 8 months to 31st August 2006 in which to construct a seperate area for smokers. Premises with under 100 sq m of floor space can decide whether or not to continue to allow smoking, but any that do allow smoking must clearly show that smoking is allowed. Airports, theatres and cinemas will be permitted to have designated smoking areas.

The Spanish Parliament's press release is available here (in Spanish)

Sudan

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

Sweden

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 took effect on June 1, 2005, when all restaurants, caf's, bars and nightclubs became smoke-free. The amended legislation also 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

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

Updated 5th January 2007

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 air-conditioned restaurants, and designated smoking areas must be provided in all government and private workplaces. Under the 17th Ministerial Order introduced in December 2006 smoking is also prohibited in most public areas including public transport, bus stops, educational facilities and shopping malls. Places of entertainment and personal offices are exempt .

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.

Turkey

Since 1996, smoking is not permitted in any health-related or educational premises. Smoking is also forbidden in indoor premises used for sports and cultural activities, in all types of public transportation vehicles, in waiting rooms, and in places were at least five people are working. Reports suggest however that these laws are rarely enforced.

Uganda

Updated 3rd May 2007

A ban on smoking in all public places was announced in March 2004, however the ban was not gazetted and is not strictly enforced.

United States of America

Updated 9 October 2007

Twenty-one states have passed comprehensive smoke-free legislation that includes offices, restaurants, bars, bingo halls, bowling alleys, nightclubs, and public transportation: California (enacted January 1998); Delaware (enacted November 2002); New York (enacted July 2003); Maine (enacted January 2004); Connecticut (enacted April 2004); Massachusetts (enacted July 2004); Rhode Island (enacted March 2004); Vermont (enacted September 2005); Montana (enacted October 2005, bars and casinos go smoke-free in 2009); Washington (enacted December 2005); New Jersey (enacted April 2006); Colorado (enacted July 2006); Hawaii (enacted November 2006); Ohio (enacted December 2006); Arizona (enacted May 2007); New Mexico (enacted June 2007); New Hampshire (comes into force September 2007); Minnesota (enacted October 2007); Illinois (comes into force January 2008); Maryland (comes into force February 2008); Utah (comes into force in stages by 2009); Oregon (comes into force January 2009).

In June 2007 Oregon's Smokefree Workplace Law was strengthened and from 1 January 2009 more workplaces will become smoke-free. Under legislation which came into force on 1 January 2002 smoking is already prohibited in offices, shops, manufacturing plants, restaurants, indoor entertainment areas and places used for child care. Bars, tobacco retail shops, bowling allies, bingo halls and private residences were all exempt from the law. However from 1 January 2009 bars, bingo halls, bowling alleys, employee break rooms and 75% of hotel and motel guest rooms must be smoke-free. Smoking will also be prohibited within 10 feet of entrances, windows and ventilation intakes of workplaces and public places from this date.

Maryland's Clean Indoor Air Act was signed into law in May 2007 and enters into force on 1 February 2008. From this date smoking is prohibited in indoor areas open to the public and places of employment. Exemptions to the law include private homes, 25% of hotel and motel rooms, retail tobacco shops, research or educational laboratories used for the conducting scientific research into the health effects of tobacco smoke and facilities used for the manufacturing, importing, wholesale or distribution of tobacco products

The Smoke-Free Illinois Act was signed into law in July 2007. The Act prohibits smoking in most public places and within 15 feet of entrances to smoke-free premises. There are exemptions for the following: private residences, retail tobacco stores, certain rooms in long-term care facilities and designated hotel and motel rooms. The Act comes into force on 1 January 2008. Further information is available from Illinois Department of Public Health.

The Minnesota Clean Indoor Air Act was extended to include Freedom to Breathe amendments and came into force on 1 October 2007. From 1 October 2007 smoking will be prohibited in almost all indoor public place and workplaces including bars, restaurants and public transport. Smoking will be permitted in retail tobacco shops, family farm buildings and vehicles, commercial vehicles over 26,000 pounds, hotel and motel rooms, during traditional Native American ceremonies, at a Disabled Veteran Rest Camp, during approved scientific studies, and as part of theatrical productions. Further information is available from the Minnesota Department of Health.

On 19 June 2007 the governor of New Hampshire signed an amended version of the New Hampshire Indoor Smoking Act law prohibiting smoking in bars and restaurants, it came into effect on 17th September 2007. Smoking was already prohibited in public buildings, offices, schools, shops, hospitals and public transport. Under the amended Act restaurants, bars and during public events at social, religious and fraternal organizations

In New Mexico the Dee Johnson Clean Indoor Air Act came into effect on 15 June 2007 prohibiting smoking in enclosed indoor workplaces including bars, restaurants, shops and offices. Smoking is also prohibited within a "reasonable distance" beyond doorways, windows and ventilation intakes. Exemptions to the Act include private homes, retail tobacco shops and cigar bars, casinos and bingo halls, tobacco manufacturing facilities, private hire limousines, 25% of hotel and motel rooms, non-profit fraternal organizations, enclosed areas within hotels, restaurants and bars being used for private functions and businesses with fewer than 2 employees and site being used for American Indian cultural activities.

The Smoke-Free Arizona Act was passed by voters in November 2006 and entered into force on 1 May 2007. Under the Act smoking is prohibited in most indoor public places. Smoking is permitted in private residences, designated rooms in hotels and motels, retail tobacco shops, outdoor patios, veteran and fraternal clubs (when not open to the public), as part of a theatrical performance or film and tv productions, as part of religious ceremonies practised pursuant to the the American Indian Religion Freedom Act, 1978. Further information is available from: Smokefree Arizona.

In Ohio's indoor smoking ban came into effect on 7 December 2006 after being passed by voters on 7 November. Smoking is not permitted in almost all public buildings and places of employment including bars, restaurants and company vehicles. Exemptions are provided for tobacco stores, designated hotel rooms, designated smoking ares in nursing homes, private hooms and vehicles and outdoor patios away from doors and air intake systems. Private clubs which are for members over 18, are non-profit, have no employees and are free standing structures and family businesses which only employ family members are also exempt. No smoking signs showing the free-phone number for reporting breaches must be displayed in smoke-free buildings. Enforcement rules are currently being drawn up and finalised. Further information including links to the legislation is available from the Ohio Department of Health.

In Hawaii Gov. Linda Lingle signed a bill into law on 10 July to prohibit smoking in almost all enclosed or partially enclosed public places and workplaces including in a 20ft smoke-free zone around entrances, exits, windows and ventilation systems. Exemptions to the law include private residences, designated hotel rooms, retail tobacco stores, state correctional facilities and outdoor areas. The Smoke-Free Hawaii Law was implemented on 16 November 2006.

The Colorado Clean Indoor Air Act came into force on 1 July 2006. Smoking is not permitted in most indoor public places and within 15 feet of a main entryway. Exemptions are provided for: private homes and vehicles unless used for child care; private hire limousines: retail tobacco businesses; the retail floor plans of casinos; airport smoking lounges at Denver International Airport; workplaces with fewer than 3 employees and not accessed by the public; up to 25% of hotel/motel rooms and non-residential buildings on farms with a gross annual income of less than $500 000. Further information is available from: Smoke-free Colorado

The Utah Indoor Clean Air Act was implemented on 1 January 1995. Exceptions were included for: buildings owned or operated by social or fraternal organisations; hotel and motel guest rooms, taverns, private clubs and enclosed smoking areas in passenger terminals of international airports. An exemption was also included for Native American ceremonies. Non-public workplaces were required to establish a written smoking policy by the 1st Febraury 1995 restricting smoking to designated smoking areas.

On the 18 March 2006 Governor Jon Huntsman signed the Amendments to the Indoor Clean Air Act. The Act remove the exemptions for taverns; private clubs; buildings owned or operated by social and fraternal organisations and certain non-public workplaces. From 1 May 2006 smoking will no longer be permitted in fraternal organizations and country clubs. All bars, taverns and private clubs will be smokefree by 2009. Further information is available from the Utah Tobacco Prevention and Control Program.

In New Jersey Acting Governor Richard J. Codey signed the New Jersey Smoke-Free Air Act on 15 January 2006. The law came into force on 15 April 2006. The following places are exempt from the Act: casinos; cigar bars and lounges that generate 15% or more of their annual gross income from the on-site sale of tobacco products and humidor rentals; tobacco retail establishments; any tobacco business where the testing of a cigar or pipe tobacco is a necessary or integral part of manuafacturing, importing or distribution. Hotels can allocate 20% of guest rooms as smoking. Further information is available from the New Jersey Department of Health and Senior Services.

The Montana Clean Indoor Air Act came into effect on 1 October 2005 prohibits the use of any tobacco products in all public schools and on school property, smoking is prohibited in most indoor public places. Hotel and motels can designate no more than 35% of rooms as smoking, sites used for American Indian cultural activities are exempt. Bars and casinos can apply for a temporary exemption which will expire on 30 September 2009. Further information is available from the Montana Department of Public Health and Human Services.

On November 8, 2005, voters in Washington state overwhelmingly approved Initiative 901 - Clean Indoor Air Act. The law, which came into effect on 8 December 2005, prohibits smoking in all indoor establishments and within 25ft of doorways, windows and ventilation ducts. Further information is available from the Washington Tobacco Prevention and Control Program.

In January 2006 the District of Columbia Council voted 11-1 in favour of an amendment to the Department of Health Functions Clarification Act of 2001 to prohibit smoking in indoor public places. Bars, taverns and nightclubs were given until 1 January 2007 to become smoke-free. The following places are exempt: cigar bars and retail tobacco shops; hotel rooms; theatrical performances, outdoor areas of restaurants and taverns; and medical treatment and research institutions where smoking is conducted for medical research or as an integral part of a smoking cessation program. The legislation came into effect on 3 April 2006. Further information is available from the Department of Health.

Additionally, in California a number of seaside communities have adopted ordinances prohibiting smoking on their beaches, including Los Angeles, Laguna Beach, San Clemente, Santa Monica, Solana Beach, Malibu, Huntington Beach, Carpeteria, and Santa Cruz. Outdoor spaces owned and operated by the city such as parks, gardens and piers are also smoke-free. On 17 March 2006 the city of Calabasas adopted an ordinance 2006-217 which bans smoking in outdoor spaces when other people are in the area. Prisons, the only state buildings left in California that still permitted smoking, all went smoke-free on July 1, 2005. Assembly Bill 384 prohibits smoking of all tobacco products by prisoners, visitors and prison staff, including correctional officers, whether inside a building or in the yards used by inmates for exercise and recreation. The only exemptions are for the few staff residences on prison grounds, and for Native American religious ceremonies.

A number of US states have passed partial smoke-free legislation that prohibits smoking in all enclosed premises except for certain hospitality sector premises.

A helpful guide to State Smoke-Free Laws has been produced by ASH (United States).

Uruguay

On March 1, 2006, Uruguay became the first Latin American country to go smoke-free. All indoor public places workplace (including bars and restaurants) are smoke free under a presidential decree issued on September 5, 2005. 230 inspectors are reported to be monitoring enforcement of the ban, which carries fines of up to ,000.

Uzbekistan

Since 1997, 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

Smoking has been prohibited in indoor public places since 2000, but until recently, no penalties were issued for violations of the law. On Friday January 7, 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.

Wales

Updated 2nd May 2007

The Health Act 2006 gave the National Assembly for Wales powers to make regulations for a ban on smoking on enclosed public places. A public consultation on the draft Smoke-Free Premises etc. (Wales) Regulations ran from 21st July 2006 to 13th October 2006. Welsh Assembly Members voted in favour of the regulations on 30th January 2007. The Smoke-Free Premises etc.(Wales) Regulations came into force 6am on 2nd April 2007. 

There are few exemptions to the legislation. Exemptions include desginated hotel bedrooms, designated rooms in research and testing facilities.designated rooms for use by adults in care homes, adult hospices and residential mental health units.

On 1st July 2005 all Welsh Assembly Government estates became smoke-free.

Further information is available from Smoking Ban Wales.