Summary.
Article 1 proposes to amend Article 5 of Law 13 of January 24, 2008. The amended provision would prohibit the consumption of tobacco, tobacco-derived products and electronic nicotine delivery devices in the places it lists. It names electronic cigarettes, vaporizers, tobacco heaters and other similar devices, whether or not they contain nicotine. The prohibition concerns the consumption or use of those products and devices in the spaces specified by the article itself.
The list begins with public and private offices at the national, provincial, comarca and local levels. It continues with public transportation generally and with land, maritime and air transportation terminals. It includes enclosed places open to the public where people gather. The article therefore identifies administrative workplaces, means of transport and transportation terminals, as well as enclosed premises accessible to the public.
The same provision covers public and private spaces, whether open or enclosed, intended for sports activities. It also covers common areas of public and private buildings used for commercial and domestic purposes. It adds enclosed workplaces and public and private educational and health institutions. Taken together, the listed places include sports facilities, shared building areas, workplaces, and education and health facilities, subject to the descriptions given in each item.
Article 2 proposes to add Article 5-A to Law 13 of January 24, 2008. That article would make the owners, managers or administrators of the places covered by Article 5 responsible for enforcing the prohibition. When necessary to ensure compliance, they could seek assistance from the National Police (Policía Nacional). The provision thus assigns responsibility for compliance to those in charge of each place identified in the amended article.
Article 3 provides that the proposed law would enter into force upon its promulgation. The amendment to Article 5 and the addition of Article 5-A would become part of Law 13 of January 24, 2008. These are the changes to that law set out in the bill.
The public bodies concerned by the bill’s subject matter include the National Police, as well as the public offices, transportation terminals, and public educational and health institutions covered by the list. The proposal could also concern public transportation and terminal operators, building owners and administrators, employers, sports facilities, educational and health institutions, and people using the listed spaces.
What it proposes.
- Consumption of tobacco and tobacco-derived products in listed spaces.
- Use of electronic nicotine delivery devices, whether or not they contain nicotine.
- Responsibility for enforcement in public and private spaces.
Who it would affect.
- People consuming the products or using the devices in the listed places.
- Owners, managers and administrators of those places.
- Operators and users of spaces covered by the prohibition.
Key points.
- The bill proposes to amend Article 5 of Law 13 of January 24, 2008 to prohibit consumption of tobacco, tobacco-derived products and electronic nicotine delivery devices in the listed places.Art. 1
- The prohibition covers electronic cigarettes, vaporizers, tobacco heaters and similar devices, whether or not they contain nicotine.Art. 1
- It covers public and private offices at the national, provincial, comarca and local levels, as well as public transportation and transportation terminals.Art. 1
- It covers enclosed places open to the public, open or enclosed sports spaces, and common areas of buildings used for commercial or domestic purposes.Art. 1
- The prohibition extends to enclosed workplaces and public and private educational and health institutions.Art. 1
- Owners, managers or administrators would be responsible for enforcement and could seek assistance from the National Police (Policía Nacional) when necessary.Art. 2
- The proposed law would enter into force upon its promulgation.Art. 3