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The Ban on Smoking in Public Areas
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The Ban on Smoking in Public Areas
The measure that bans smoking in public areas is a response to a serious public health problem. Every year, 5,000 people die from second-hand smoke, or about 13 people per day, on top of the more than 66,000 who die from smoking. In light of this situation, a decision was made to ban smoking in public areas.
Ordinance no. 2006-1386 of November 15, 2006 set the terms of this measure to ban smoking in areas designed for collective use.
Since February 1, 2007, in all closed and covered spaces that receive the public or are considered workplaces, in health establishments, all public transport and within all the confines (including open spaces such as schoolyards) of public and private primary schools, junior highs and high schools, as well as establishments used to receive, train or house minors.
As of January 2008, , in public houses, hotels, restaurants, tobacco shops, casinos, gambling clubs and night clubs, to allow them to arrange for possible smoking sections.
The goal is to stem the death rate due to smoking by:
- suppressing public environments that are filled with smoke;
- covering nicotine substitution treatments with national health insurance (vouchers for a total of 50 euros, up to once per year) in an effort to make it easier for smokers to quit.
The Areas Implicateds
According to ordinance no 2006-1386 of November 15, 2006, which sets the terms of implementation for the ban on smoking in areas designed for collective use (Official Gazette of November 16, 2006), the ban applies to “all closed and covered spaces that receive the public or are considered workplaces,” “all means of collective transport” and “in non-covered spaces in public and private primary schools, junior highs and high schools as well as establishments used to receive, train or house minors."
The measure distinguishes :
A ban without the option to create smoking areas : in public and private learning institutions, apprentice training centres, establishments that receive or house minors or athletic establishments designated for minors and health institutions.
A ban with the option to create smoking areas for “closed and covered spaces that receive the public or that are considered workplaces.”. Among these areas are those that usually receive smokers: cafés, restaurants, tobacco shop-bars and night clubs. They were given additional time to arrange for possible smoking areas. The ordinance does not go into effect for them until January 1, 2008.
What are the smoking areas stipulated by the ordinance ?
The ordinance refers to “enclosed rooms designated for the consumption of tobacco and in which no service is provided.”
The areas specified must be equipped with an automatic and airtight closure that will isolate smokers from other customers. The smoking room must have an exhaust fan. To protect staff from the risks associated with second-hand smoke, smokers must consume their food/drink at the bar before entering the smoking room.
Penalties
Two types of fines are specified for violating the ban :
- a fine of 68 euros for the offender ;
- a fine of 135 euros for managers of the establishment in which the violation took place.
