Regulations of Guangzhou Municipality on Smoking Control

(20 10 adopted at the 30th meeting of the Standing Committee of the 13th Guangzhou Municipal People's Congress on April 28th, and approved at the 19th meeting of the Standing Committee of the 11th Guangdong Provincial People's Congress on June 2nd, 20 10; According to the 35th meeting of the Standing Committee of the 11th Guangdong Provincial People's Congress on July 26th, 20th1February, the Standing Committee of the Guangzhou Municipal People's Congress revised that 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 duties as stipulated in these regulations, and regularly announcing the smoking control work in this city to the public.

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

(a) the administrative department of health is responsible for all kinds of medical and health institutions and state organs, enterprises and institutions, social organizations and other organizations to control smoking;

(two) the administrative departments of education, human resources and social security are responsible for the control of smoking in the schools under their jurisdiction;

(three) the administrative departments of culture, sports, tourism, economy and trade are responsible for the control of smoking in culture, entertainment, stadiums and hotels;

(4) The administrative departments of transportation and port affairs shall be responsible for the control of smoking in public transport vehicles and related public places within their respective responsibilities;

(five) the food and drug supervision and management department is responsible for the control of smoking in catering service places;

(six) the administrative department for Industry and commerce is responsible for the supervision and management of smoking control and tobacco products advertising in shopping malls.

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 to control 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. Airport and railway management institutions shall, in accordance with the relevant provisions of the state, supervise and manage the smoking control work in airports, railways and related public places. The city's radio, television, newspapers, periodicals and other media and community billboards 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 on the prevention of tobacco smoke hazards 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 hospitals and children's hospitals and indoor areas of other medical and health institutions;

(3) Indoor and outdoor areas in 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 the third item 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 places;

(6) shopping malls and bookstores;

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

(eight) buses, trams, taxis, long-distance buses, urban rail transit trains, passenger ferries and other public transport vehicles and their indoor ticket offices and platforms;

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

(ten) the lobby and other indoor public areas of hotels, hotels, guest houses, training centers, resorts and other business places that provide accommodation and rest services;

(eleven) the elevator and its indoor waiting area;

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

The Municipal People's Government may, according to the actual needs of economic and social development, gradually add places where smoking is prohibited.

Article 6 Smoking is prohibited in the following indoor public places. Smoking rooms should be set up or smoking areas should be designated. Smoking is prohibited in other indoor areas except smoking rooms or smoking areas, except for the total prohibition stipulated by the operators or managers themselves:

(a) the use area of business premises is more than 150 square meters or more than 75 dining places;

(two) song and dance entertainment, games and leisure places;

(3) Waiting areas for buses, trams, taxis, long-distance 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, guest houses, hotels, guest houses, training centers, resorts and other business places that provide accommodation and rest services should set up non-smoking rooms or floors, and smoking in non-smoking rooms or floors is prohibited. Smoking is prohibited in indoor workplaces.

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

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

(a) in line with the requirements of fire safety;

(2) Setting up obvious signs;

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

(four) away from crowded areas and pedestrians must pass through the main channel;

(5) Install independent and effective ventilation devices;

(six) the configuration of ashtray (box) and placed "smoking is harmful to health" sign. Operators or managers of prohibited smoking places and restricted smoking places shall perform the following duties:

(a) to establish a management system to prohibit or restrict smoking;

(two) in places or areas where smoking is prohibited, set up obvious no-smoking signs and telephone number signs for reporting complaints, 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;

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

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:

(a) Require smokers to quit smoking immediately;

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

(three) to report and complain to the operators or managers who do not perform the duties of smoking control in patriotic health campaign committee. Article 3 Sellers of tobacco products (including individual stalls) shall stop selling cigarettes for one day on May 36 every year, World No Tobacco Day.

The administrative department for industry and commerce shall announce the cessation of cigarette sales on World No Tobacco Day, and strengthen the supervision over the cessation of cigarette sales by sellers of tobacco products on World No Tobacco Day. A seller of tobacco products shall set up a sign in a prominent position in the sales place that smoking is harmful to health and may not sell tobacco products to minors.

Sellers of tobacco products shall not sell tobacco products to minors and pregnant women, and those who are difficult to determine whether they have reached adulthood shall 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 tobacco control associations to participate in or provide tobacco control support through various forms.

The relevant administrative departments of the government can carry out smoking control through voluntary service or government purchase services. In violation of the provisions of Article 6 of these regulations, the relevant administrative departments as stipulated in the second paragraph of Article 3 of these regulations or the units as stipulated in the fifth 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) Smoking rooms or designated smoking areas should be set up, but if they are 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 a smoke-free room or smoke-free floor is not set, 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, the operators or managers fail to perform their duties, and the relevant administrative departments prescribed in the second paragraph of Article 3 of these regulations shall give a warning and order them to make corrections within a time limit; Refuses to correct, and impose a fine of 3000 yuan to 5000 yuan.

If the business unit of the Internet service business premises finds that smoking has not stopped in its business premises, or no smoking sign has been hoisted, it shall be handled by the public security organ and the administrative department for culture 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 20 of these regulations, publishes tobacco advertisements by radio, television and newspapers or sets up tobacco advertisements in public places in violation of the provisions of the second paragraph of Article 20 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 People's Republic of China (PRC).

In violation of the provisions of the second paragraph of Article 20 of these regulations, tobacco advertisements are set up outdoors, and the responsible advertisers, advertising agents and publishers shall be ordered by the administrative department for industry and commerce to stop publishing, and the advertising expenses shall be confiscated, and a fine of not less than 1 times but not more than 5 times may be imposed.

Whoever donates tobacco products in violation of the third paragraph of Article 20 of these regulations shall be ordered by the administrative department for industry and commerce to stop the donation, and the donating unit shall be fined100000 yuan. One of the following acts shall be punished by the public security organ in accordance with the Law of People's Republic of China (PRC) Municipality on Public Security Administration Punishment; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

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

(2) obstructing administrative law enforcement personnel from performing official duties. These Regulations shall come into force on September 0, 2065438.