(Adopted at the 15th meeting of the Standing Committee of the 13th Shanghai Municipal People's Congress on February 10, 2009)
Article 1 In order to eliminate and reduce the harm of tobacco smoke, safeguard public health, create a good sanitary environment in public places, and improve the level of urban civilization, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this Municipality.
Article 2 These Regulations shall apply to the control of smoking in public places in this Municipality (hereinafter referred to as the control of smoking).
The term "tobacco control" as mentioned in the preceding paragraph refers to taking effective measures to ban smoking in places where smoking is prohibited as stipulated in these regulations.
Article 3 The principle of "limited places, classified management, unit responsibility and public participation" shall be implemented in the tobacco control work in this Municipality.
Article 4 The municipal, district and county health promotion committees, under the leadership of the people's governments at the same level, are responsible for organizing and coordinating the tobacco control work within their respective administrative areas, guiding and supervising the tobacco control work of various departments and industries, and organizing and carrying out tobacco control publicity and education activities. The daily office of the Health Promotion Committee is located in the health administrative department at the same level.
The administrative departments of health, education, culture, film and television, sports, tourism, food and drug supervision, transportation, ports, commerce, public security, etc. shall, in accordance with these regulations and other relevant provisions, do a good job in the supervision and administration of tobacco control in public places.
Article 5 The Municipal Health Promotion Committee shall organize and carry out various forms of tobacco control publicity and education to make the public understand the harm of tobacco smoke and enhance the awareness of the whole society to create a smoke-free environment.
Relevant administrative departments, people's organizations, schools, hospitals and other units shall regularly carry out publicity and education activities on tobacco smoke hazards and tobacco control.
Radio, television, newspapers, websites and other mass media should carry out public welfare publicity activities that smoking and passive smoking are harmful to health.
Article 6 Smoking is prohibited in the following public places:
(1) Indoor and outdoor areas of nurseries, kindergartens, primary and secondary schools, children's palaces and youth activity centers;
(2) Indoor areas such as teaching places, student dormitories and restaurants. Schools of all levels and types other than those specified in the preceding paragraph;
(3) Indoor and outdoor areas of maternal and child health centers (institutes), children's hospitals and children's welfare homes;
(four) indoor areas of medical and health institutions at all levels except the preceding paragraph;
(5) Indoor areas of sports venues and outdoor seating areas of spectators and competition venues;
(6) Indoor areas of public cultural places such as libraries, theaters, concert halls, exhibition halls, museums, art galleries, memorial halls, science and technology museums and archives.
(seven) the office space where the state organs provide public services;
(8) Business premises of public utilities and financial institutions;
(nine) shopping malls, supermarkets and other commercial places;
(10) Elevator and its waiting area;
(eleven) buses and trams, taxis, rail vehicles, passenger ferries and other public transport, and their ticket offices, waiting rooms and indoor platforms;
(twelve) Internet cafes and other Internet service sites;
(thirteen) other places as prescribed by laws and regulations.
Seventh indoor areas of the following public places can be designated as smoking areas or smoking rooms, and smoking is prohibited outside the smoking areas and smoking rooms:
(a) dance halls, entertainment halls and other places of entertainment;
(2) The use area of business premises is more than 150 square meters or there are more than 75 dining places;
(3) Indoor public activity areas of star-rated hotels.
The hotel should set up a special non-smoking accommodation floor or room.
In airports, railway passenger stations and port passenger stations, smoking is prohibited in indoor areas except outdoor smoking rooms specially set up.
Eighth public places designated smoking areas or smoking rooms, should have good ventilation conditions, and set up obvious signs and smoking is harmful to health and other tobacco control publicity signs.
Article 9 Smoking is prohibited in meeting rooms, restaurants, workplaces and other indoor public places used by state organs.
Article 10 No-smoking areas may be set up in other public places and workplaces other than those stipulated in Articles 6 and 7 of these Regulations, and relevant management work shall be done according to the actual situation and with reference to the provisions of these Regulations.
Article 11 The Municipal People's Government may, according to the provisions of these Regulations and the needs of holding large-scale activities, temporarily set the scope of no-smoking places.
Twelfth no smoking places where the unit shall perform the following duties:
(a) the establishment of smoking management system, do a good job in smoking publicity and education;
(two) set up a unified no-smoking sign and the telephone number of the supervision department in a prominent position in the no-smoking area;
(3) There are no smoking-related appliances in the no-smoking area;
(4) Take effective measures to prevent smokers from entering the no-smoking area or persuade them to leave the place.
Article 13 Any individual may ask smokers to stop smoking in places where smoking is prohibited. Require the unit where the smoking place is located to perform the duty of smoking ban, and report to the regulatory authorities the unit that fails to perform the duty of smoking ban.
Fourteenth city, district and county health promotion committees shall organize relevant departments to strengthen the monitoring and evaluation of tobacco control work.
The Municipal Health Promotion Committee shall announce the tobacco control work in this Municipality to the public every year.
Fifteenth health administrative departments should organize intervention in smoking behavior, set up a hotline, and carry out tobacco control consulting services.
Medical institutions should provide guidance and help for smokers to quit smoking.
Sixteenth to encourage volunteer organizations, other social organizations and individuals to participate in or support tobacco control through various forms.
Seventeenth tobacco control work should be regarded as one of the contents of the evaluation of civilized units in this city.
Eighteenth tobacco control supervision and law enforcement in accordance with the following provisions:
(a) the education administrative department is responsible for the supervision and law enforcement of tobacco control in schools at all levels;
(two) cultural comprehensive law enforcement agencies responsible for culture, sports, entertainment and hotels tobacco control supervision and law enforcement;
(3) The institutions undertaking airport and railway law enforcement, traffic administrative law enforcement agencies and rail transit line operating units shall, according to their respective functions and duties, supervise and enforce the tobacco control work of public transport vehicles and related public places;
(four) the food and drug supervision and management department is responsible for the supervision and law enforcement of tobacco control in catering establishments;
(five) the public security department is responsible for the supervision and law enforcement of tobacco control in Internet cafes and other Internet service places;
(six) the housing administrative department is responsible for the supervision and law enforcement of tobacco control in public elevators within the property management area;
(seven) the administrative department of health is responsible for the supervision and law enforcement of tobacco control in medical and health institutions at all levels and other public places as stipulated in these Regulations.
Nineteenth city, district and county people's governments shall guarantee the funds needed for tobacco control monitoring and evaluation, scientific research, publicity and education, behavioral intervention, personnel training, supervision and management.
Twentieth no smoking places where the unit violates the provisions of article twelfth of these regulations, shall be given a warning by the relevant departments as stipulated in article eighteenth of these regulations, and shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of two thousand yuan or more and ten thousand yuan or less shall be imposed; If the circumstances are serious, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed.
Twenty-first individuals who smoke in places where smoking is prohibited and do not listen to dissuasion shall be ordered to make corrections by the relevant departments stipulated in Article 18 of these regulations, and shall be fined from 50 yuan to 200 yuan.
Twenty-second smoking in no smoking places, do not listen to dissuasion, disturb social order, or hinder the relevant departments to perform their duties according to law, in violation of the "People's Republic of China (PRC) Public Security Management Punishment Law", the public security department will be punished; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-third tobacco control administrative departments, supervision and law enforcement agencies and their staff do not perform their duties or engage in malpractices for personal gain in tobacco control work, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 24 These Regulations shall come into force on March 1 day, 2065.