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Regulations of Guangzhou Municipality on Smoking Control

(adopted at the 31th meeting of the Standing Committee of the 13th Guangzhou Municipal People's Congress on April 28th, 2111 and approved at the 19th meeting of the Standing Committee of the 11th Guangdong Provincial People's Congress on June 2nd, 2111; According to the 35th meeting of the Standing Committee of the 11th Guangdong Provincial People's Congress on July 26th, 2112, the Standing Committee of the Guangzhou Municipal People's Congress on Amending <: Regulations of Guangzhou Municipality on Smoking Control > Under the leadership of the people's government at the corresponding level, patriotic health campaign committee, a city, district and county-level city, is responsible for organizing smoking control work and publicity and education activities within its administrative area, guiding, coordinating and supervising the relevant administrative departments of the government to carry out smoking control work in accordance with their functions and duties as stipulated in these Regulations, and regularly announcing the smoking control work in this Municipality to the public.

The relevant administrative departments of the municipal, district and county-level municipal people's governments shall be responsible for the publicity, education, daily management and supervision of smoking control in the following places, and impose penalties for acts in violation of the provisions of these Regulations:

(1) The health administrative departments shall be responsible for smoking control in the workplaces of various medical and health institutions, as well as state organs, enterprises, institutions, social organizations and other organizations;

(2) The administrative departments of education, human resources and social security are respectively responsible for smoking control in schools under their respective jurisdiction;

(3) The administrative departments of culture, sports, tourism, economy and trade are respectively responsible for smoking control in culture, entertainment, sports venues and hotels;

(4) The administrative departments of transportation and port affairs shall, according to their respective functions and duties, be respectively responsible for the smoking control of public transport vehicles and related public places within their jurisdiction;

(5) The food and drug supervision and administration department is responsible for smoking control in catering service establishments;

(6) the administrative department for industry and commerce is responsible for the control of smoking in shopping malls and the supervision and management of advertisements for tobacco products.

Other departments of patriotic health campaign committee member units are responsible for smoking control within their respective jurisdictions.

The specific division of responsibilities of the relevant administrative departments in controlling smoking shall be clarified by the Municipal People's Government in accordance with the provisions of the preceding paragraph and announced to the public.

urban rail transit business units are responsible for the supervision and management of smoking control in urban rail transit trains and related public places. The administrative organs of airports and railways shall, in accordance with the relevant provisions of the state, supervise and manage the control of smoking in airports, railways and related public places. The city's radio, television, newspapers, periodicals and other media and community publicity columns should actively carry out various forms of publicity and education activities that smoking and passive smoking are harmful to health, and enhance the awareness of the whole society to create a smoke-free environment.

schools should educate students about the dangers of tobacco smoke and carry out publicity activities to control smoking. Smoking is prohibited in the following public places:

(1) indoor service areas where state organs and institutions provide public services;

(2) indoor and outdoor areas within the scope of maternal and child health centers and children's hospitals and indoor areas of other medical and health institutions;

(3) indoor and outdoor areas within nurseries, kindergartens, primary and secondary schools, children's palaces and children's activity centers;

(4) indoor areas of various educational and training institutions and other places for teenagers' activities other than item 3 of this paragraph;

(5) Indoor areas of theaters, concert halls, libraries, exhibition halls, science and technology museums, cultural centers, museums, art galleries, memorial halls, archives and other public cultural venues;

(6) shopping malls and bookstores;

(7) indoor business areas of financial, postal and telecommunications enterprises;

(8) inside public transport vehicles such as buses, trams, taxis, long-distance passenger buses, urban rail transit trains, passenger ferries and other public transport vehicles, their ticket offices and platforms set indoors;

(9) Audience area, competition area and athletes area of sports venues, as well as indoor fitness places such as table tennis hall, badminton hall, bowling alley, billiard hall (room) and gym;

(11) Lobby and other indoor public areas of hotels, guesthouses, hotels, guest houses, training centers, resorts and other business places that provide accommodation and rest services;

(11) Inside the elevator and its indoor waiting area;

(12) Other places where smoking is prohibited as stipulated by laws, regulations and rules.

the municipal people's government can gradually add places where smoking is prohibited according to the actual needs of economic and social development.

Article 6 Smoking is restricted in the following indoor public places. In addition to the total smoking ban stipulated by the operators or managers themselves, smoking rooms should be set up or designated, and smoking is prohibited in other indoor areas outside the smoking rooms or smoking areas:

(1) Dining places with a business area of more than 1.51 square meters or seats of more than 75 people;

(2) places for song and dance entertainment, games and leisure;

(3) Waiting areas for buses, trams, taxis, long-distance passenger buses, urban rail transit trains, passenger ferries, trains, airplanes and other public transport vehicles;

(4) Other places where smoking is restricted as stipulated by laws, regulations and rules.

hotels, guesthouses, hotels, guest houses, training centers, resorts and other business places that provide accommodation and rest services should have smoke-free rooms or floors, and smoking is prohibited in smoke-free rooms or floors. Smoking is restricted in indoor workplaces.

Smoking is prohibited in offices, conference rooms, auditoriums, public corridors, elevators, restaurants and cafes of state organs, enterprises and institutions, social organizations and other organizations, and smoking rooms or designated smoking areas can be set up in other areas.

Article 8 The following provisions shall be observed when setting up smoking rooms or delineating smoking areas:

(1) Compliance with fire safety requirements;

(2) Set up obvious signs;

(3) effectively separated from non-smoking rooms and non-smoking areas;

(4) Keep away from crowded areas and main passages that pedestrians must pass through;

(5) install independent and effective ventilation devices;

(6) provide an ashtray (box) and put a sign that "smoking is harmful to health". Operators or managers of places where smoking is prohibited and places where smoking is restricted shall perform the following duties:

(1) establish a management system for smoking is prohibited or restricted;

(2) Set up obvious no-smoking signs and telephone number signs for reporting complaints in places or areas where smoking is prohibited, and keep the signs and signs complete and clear;

(3) Smoking utensils and articles with tobacco advertisements shall not be placed in places or areas where smoking is prohibited;

(4) to persuade smokers in places or areas where smoking is prohibited, and to report to the relevant administrative departments stipulated in the second paragraph of Article 3 of these regulations if they do not listen to persuasion.

operators or managers of no-smoking places may set up no-smoking inspectors to perform the duties listed in item 4 of the preceding paragraph. Citizens who find illegal smoking in places or areas where smoking is prohibited in this Municipality may exercise the following rights: < P > (1) Require smokers to stop smoking immediately;

(2) Complain to the operator or manager of the place and ask the operator or manager of the place to persuade smokers to stop smoking;

(3) To report and complain to the patriotic health campaign committee for the operators or managers who fail to perform the duty of smoking control. Article The sellers of tobacco products (including individual stalls) shall stop selling cigarettes for one day on the World No Tobacco Day on May 31th every year.

the administrative department for industry and commerce should publicize the cessation of tobacco sales on World No Tobacco Day, and strengthen the supervision of tobacco product sellers to stop selling cigarettes on World No Tobacco Day. The seller of tobacco products shall set up signs in a prominent position in the place of sale that smoking is harmful to health and that tobacco products are not sold to minors.

sellers of tobacco products are not allowed to sell tobacco products to minors and pregnant women. If it is difficult to tell whether they have reached adulthood, they should be required to show their identity documents. It is forbidden to use radio, television, Internet, newspapers, periodicals and other media to publish tobacco advertisements.

it is forbidden to set up tobacco advertisements outdoors and in public places.

it is forbidden for producers and operators of tobacco products to give away tobacco products. Encourage social organizations such as smoking control associations to participate in or provide support for smoking control through various forms.

The relevant administrative departments of the government can carry out smoking control by volunteering or purchasing services by the government. In violation of the provisions of Article 6 of these regulations, the relevant administrative departments or units specified in the second paragraph of Article 3 of these regulations shall impose administrative penalties on the operators or managers of this place in accordance with the following provisions:

(1) If smoking rooms or smoking areas should be set up but not set up or designated, they shall be ordered to make corrections within a time limit; Refuses to correct, punishable by a fine of ten thousand yuan and thirty thousand yuan;

(2) If there is no smoke-free room or smoke-free floor, it shall be ordered to make corrections within a time limit; Refuses to correct, punishable by a fine of ten thousand yuan and thirty thousand yuan. In violation of the provisions of the first paragraph of Article 9 of these regulations, operators or managers fail to perform their duties, and the relevant administrative departments as stipulated in the second paragraph of Article 3 of these regulations shall give them a warning and order them to make corrections within a time limit; Those who refuse to make corrections shall be fined between 3,111 yuan and 5,111 yuan.

if the business unit of the internet service business premises finds that smoking is not stopped in its business premises, or no smoking sign is hung, it shall be handled by the public security organ and the cultural administration department in accordance with the relevant provisions of the regulations on the administration of internet service business premises. Whoever, in violation of the provisions of the first paragraph of Article 21 of these regulations, publishes tobacco advertisements by radio, television, newspapers and periodicals or sets up tobacco advertisements in public places in violation of the provisions of the second paragraph of Article 21 of these regulations shall be given administrative punishment by the administrative department for industry and commerce in accordance with the provisions of the Advertising Law of the People's Republic of China.

in violation of the provisions of the second paragraph of article 21 of these regulations, tobacco advertisements are placed outdoors, and the responsible advertisers, advertising agents and publishers are ordered by the administrative department for industry and commerce to stop publishing, and the advertising expenses are confiscated, and a fine of not less than 1 times but not more than 5 times of the advertising expenses may also be imposed.

in violation of the provisions of the third paragraph of article 21 of these regulations, the administrative department for industry and commerce shall order the donation to stop and impose a fine of 111,111 yuan on the donation unit. One of the following acts shall be punished by the public security organ in accordance with the Law of the People's Republic of China on Public Security Administration Punishment; If the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law:

(1) obstructing the operators or managers of places or areas where smoking is prohibited and the inspectors who prohibit smoking from performing their duties, disturbing public order or infringing on personal rights or property rights;

(2) obstructing administrative law enforcement personnel from performing official duties. These Regulations shall come into force as of September 1, 2111.