Announcement of the Standing Committee of Shanghai Municipal People¡¯s Congress
No. 18
The Regulations of Shanghai Municipality on Smoking Control in Public Places were adopted at the 15th Session of the Standing Committee of the 13th Shanghai Municipal People¡¯s Congress on December 10, 2009, and are hereby promulgated. They shall be effective as of March 1, 2010.
Standing Committee of the Shanghai Municipal People¡¯s Congress
December 10, 2009
Regulations of Shanghai Municipality on Smoking Control in Public Places
(Adopted at the15th Session of the Standing Committee of the 13th Shanghai Municipal People¡¯s Congress on December 10, 2009)
Article 1
With a view to eliminating and reducing the harm caused by tobacco smoke, protecting physical health of the public, promoting a good environmental sanitation in public places, and enhancing the urban civilization, these Regulations are formulated in accordance with relevant laws and regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the smoking control work in public places of this Municipality (hereinafter referred to as the smoking control work).
The smoking control work mentioned in the preceding clause refers to the prohibition of smoking, by taking effective measures, in public places where smoking is prohibited as provided in these Regulations.
Article 3
The smoking control work follows the principle of ¡°the work in the places defined, the management conducted at the different levels, the responsibility held by a specific unit, and the participation of the public¡±.
Article 4
Municipal and district/county health promotion commissions shall, under the leadership of the people¡¯s governments at their level, take charge of the organization and coordination of the smoking control work within their jurisdictions, guide and supervise over the smoking control work of the departments and trades concerned, and organize publicity and education activities on the smoking control work. The working team of a health promotion commission is set up in the public health department of the same level.
The administrative department of public health, education, culture, radio broadcasting, film and television, sports, tourism, food and drug supervision, transport and harbor, commerce, public security shall, according to these Regulations and other relevant provisions, make great efforts to carry out supervision and administration over the smoking control work in public places.
Article 5
The Municipal Health Promotion Commission shall carry on publicity and education work on smoking control in various forms, so as to let the public understand the harm caused by tobacco smoke and raise the awareness of the whole society to create non-smoking environment.
Relevant administrative departments, mass organizations, schools, hospitals, and other units shall carry on publicity and education activities on the smoking control and the harm caused by tobacco smoke at regular intervals.
Such mass media as radio, television, newspapers and periodicals, Internet websites shall carry on public-good publicity activities on the harm caused by smoking and by inhaling of the tobacco smoke to the health.
Article 6
Smoking is prohibited in the following public places:
1. the indoor and outdoor areas of childcare centers, kindergartens, secondary and primary schools, children¡¯s palaces, and youth centers;
2. the indoor areas such as teaching areas, dormitories, canteens of schools besides the places as provided in the preceding item;
3. the indoor and outdoor areas of maternal and childcare hospitals/institutes, children¡¯s hospitals, and children¡¯s welfare centers;
4. the indoor areas of all medical health agencies besides the places as provided in the preceding item;
5. the indoor areas of gymnasiums and stadiums and the outdoor seating and competition areas thereof;
6. the indoor areas of all kinds of public cultural facilities such as libraries, cinemas, theaters, concert halls, exhibition halls, museums, art galleries, memorials, science and technology museums, and archives;
7. the public service places of State organs;
8. the service places of public utilities and financial agencies;
9. the business service areas of shopping malls and supermarkets;
10. the passenger lifts and lift lobbies;
11. the inside of public transport vehicles such as public buses, trolleybuses and tramcars, taxis, rail transport carriers, passenger ferryboats and their ticketing offices, waiting rooms and indoor platforms;
12. the internet service business places such as cybercafes; and
13. other places as provided by laws and regulations.
Article 7
Smoking areas or smoking rooms may be designated in the indoor areas of the following public places, and smoking out of such designated smoking areas and smoking rooms is prohibited:
1. the public places of entertainment such as ballrooms and recreation rooms;
2. the catering establishments with a business areas of over 150 square meters or more than 75 seats; and
3. the indoor public activity areas at star-class hotels.
Hotels shall have designated non-smoking floors or rooms.
Smoking is prohibited in all indoor areas at airports, railway passenger stations, and ferry passenger terminals, with the exception of the designated smoking rooms.
Article 8
The public places designated as smoking areas or rooms shall have good air ventilating facilities, and post visible non-smoking signs and smoking control signs publicizing the harm caused by smoking to health.
Article 9
Smoking is prohibited in the indoor public activity areas of State organs such as meeting rooms, canteens, and other shared working places.
Article 10
Non-smoking areas may be designated in the public places and working places besides those as provided in Article 6 and 7 of these Regulations in the light of their actual circumstances and by reference to these Regulations, and the administration thereof shall be done well.
Article 11
When conducting a large-scale activity, the Municipal People¡¯s Government may, according to these Regulations, designate temporary non-smoking areas in case of need.
Article 12
The unit in charge of a non-smoking area has the following responsibilities:
1. formulating non-smoking administration rules and carrying on non-smoking publicity and education.
2. posting visible and unified non-smoking signs and the telephone number of supervision departments in the places of non-smoking area;
3. no utensils relating to smoking shall be put in the non-smoking area; and
4. taking effective measures to stop people smoking in the non-smoking area or asking them to leave the area.
Article 13
Any one may request a smoker to cease smoking in a non-smoking area, or demand the unit in charge of such area to perform its responsibility to prohibit smoking, and, may report the case to the supervision department concerned where such unit fails to perform its responsibility.
Article 14
The municipal and district/county health promotion commissions shall organize relevant departments to strengthen the monitoring and evaluation of the smoking control work.
The Municipal Health Promotion Commission shall make public the development of the smoking control work in this Municipality every year.
Article 15
Public health departments shall conduct smoking behavior intervention work, and publish their consulting hotlines for offering consulting services on smoking control.
Medical institutions shall provide guidance and help smokers to get rid of smoking.
Article 16
Volunteer organizations, other mass organizations and individuals are encouraged to participate in or give support to the smoking control work in various forms.
Article 17
The smoking control work is included into the contents in appraising the model units in this Municipality.
Article 18
The supervision and law-enforcement for the smoking control work is carried out according to the following provisions:
1. the education administrative departments are in charge of the supervision and law-enforcement for the smoking control work in schools;
2. the consolidated cultural law-enforcement organs are in charge of the supervision and law-enforcement for the smoking control work in cultural, sports and entertainment places and hotels;
3. the law-enforcement organs in the field of airports and railways, transport administrative law-enforcement organs, and rail transport operation units are, according to their respective duties, in charge of the supervision and law-enforcement for the smoking control work in the public transport vehicles and other relevant public places;
4. the food and drug supervision and administration departments are in charge of the supervision and law-enforcement for the smoking control work in catering establishments;
5. the public security departments are in charge of the supervision and law-enforcement for the smoking control work in Internet service business places such as cybercafes;
6. the housing administrative departments are in charge of the supervision and law-enforcement for the smoking control work in pubic passenger lifts in the house management areas; and
7. the public health administrative departments are in charge of the supervision and law-enforcement for the smoking control work in all the medical health agencies and other public places provided by these Regulations.
Article 19
The municipal and district/county people¡¯s governments shall give the financial support to the outlays of the monitoring and evaluation, scientific study, publicity and education, behavioral intervention, personnel training, supervision and management relating to the smoking control work.
Article 20
The unit in charge of a non-smoking area violating the provisions of Article 12 of these Regulations shall be given a warning and ordered to correct within a prescribed time limit by relevant department as provided in Article 18 of these Regulations; in case of failure to correct within the prescribed time limit, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed; if the case is serious, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.
Article 21
Where a person smokes in a non-smoking area and refuses to cease after being informed to cease smoking, a fine of not less than 50 yuan but not more than 200 yuan shall be imposed by relevant department as provided in Article 18 of these Regulations.
Article 22
Where a person smokes in a non-smoking area and refuses to cease after being informed to cease smoking, and, disturbs public order or obstructs relevant department concerned from performing its duties according to law, thus violating the Law of the People¡¯s Republic of China on Public Security Administration and Imposition of Punishment, the public security department concerned shall impose punishment on him/her; if a crime is constituted, criminal liability shall be pursued for according to law.
Article 23
Where the administrative departments and the supervision and law-enforcement organs for smoking control and their functionaries fail to perform their duties according to law or engage in malpractice for selfish ends, the person directly in charge and other person directly responsible shall be given disciplinary sanctions; if a crime is constituted, criminal liability shall be pursued for according to law.
Article 24
These Regulations shall be effective as of March 1, 2010. |
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