Full text of the regulations on smoking control in Shenzhen Special Economic Zone

Article 1 In order to reduce and prevent the harm of tobacco smoke, safeguard public health, create a good working and living environment, and improve the level of urban civilization, these Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in combination with the reality of Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone).

Article 2 These Regulations shall apply to the control of smoking in the Special Zone (hereinafter referred to as tobacco control).

Article 3 The principles of government leading, classified management, local responsibility, public participation and social supervision shall be followed in tobacco control.

Article 4 The municipal and district people's governments (hereinafter referred to as the municipal and district governments) shall be responsible for organizing and coordinating the tobacco control work within their respective administrative areas, bringing the tobacco control work into the urban development plan and taking it as the content of government performance appraisal.

The administrative department of health is the competent department of tobacco control.

Education, cultural and sports tourism, market supervision, transportation, urban management, public security, ports, supervision and other relevant departments shall do a good job in tobacco control supervision and management according to the prescribed duties.

Article 5 The municipal and district governments shall organize and carry out various forms of tobacco control publicity and education, so as to make the public understand the harm of tobacco smoke, advocate the civilized consciousness of smoking ban, and actively create a smoke-free environment.

Article 6 The municipal and district governments shall guarantee the funds needed for tobacco control publicity and education, supervision and management, behavior intervention, personnel training, scientific research, monitoring and evaluation, etc.

Article 7 Encourage and support social organizations, volunteer organizations and individuals such as Shenzhen Tobacco Control Association to participate in or provide help and support for tobacco control through various forms.

The relevant administrative departments can carry out tobacco control work by volunteering or purchasing services.

Chapter II Places for Tobacco Control

Article 8 Smoking is prohibited in indoor workplaces, indoor public places and public transport, except as stipulated in Article 9 of these Regulations.

Smoking is prohibited in the following outdoor places:

(1) Outdoor areas of educational or activity places that mainly provide education, teaching and activity services for minors;

(2) Outdoor teaching areas of schools and training institutions other than those specified in Item (1);

(3) Outdoor areas of parks, medical and health institutions and social welfare institutions that mainly provide services for pregnant women and children;

(four) other outdoor areas of medical and health institutions, cultural relics protection units, parks, tourist attractions and other places other than those specified in item (three).

(5) Outdoor audience seating and competition area of sports venues;

(6) No-smoking places temporarily set up by the government according to the needs of holding large-scale activities;

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

Article 9 The following places are places where smoking is restricted before 20 16 12 3 1:

(a) bars, dance halls and other places of song and dance entertainment;

(two) teahouse, massage, bath (including sauna, spa, foot bath) and other leisure service places.

Operators or managers of restricted smoking places shall set warning signs that smoking is harmful to health in a prominent position.

Operators or managers of restricted smoking places shall delimit or set up no-smoking areas (rooms) and set up no-smoking areas (rooms) signs.

Article 10 Smoking is prohibited after the expiration of the time limit for restricted smoking places, which shall be announced to the public by the municipal public health administrative department.

Encourage operators or managers of restricted smoking places to ban smoking by themselves before the expiration of the time limit.

Eleventh operators or managers of places where smoking spots are set up shall meet the following conditions:

(1) outdoor area;

(two) shall not be close to crowded areas and pedestrians must pass through the main channel;

(3) meeting the requirements of fire control safety;

(4) Setting up obvious guiding signs;

(five) equipped with ashtrays and other devices to hold ash, and set up warning signs that smoking is harmful to health.

Twelfth municipal public health administrative departments shall, in accordance with the provisions of these regulations, announce to the public the specific scope of no smoking places and restricted smoking places.

Chapter III Tobacco Control Measures

Thirteenth operators and managers of no smoking places shall perform the following duties:

(a) the establishment of a smoking ban management system, to carry out tobacco control publicity and education, and equipped with tobacco control inspectors;

(two) shall not be equipped with smoking related appliances or articles with tobacco advertisements;

(3) Set up no-smoking signs and supervision and complaint telephone numbers at the entrance of no-smoking places and other prominent positions;

(4) Where smoking is prohibited in a smoking place, the staff in the place shall ask them to extinguish the lighted tobacco products; If it doesn't go out, you should persuade it to leave; Do not listen to dissuasion, do not leave the place, report to the relevant departments.

Article 14 Whoever smokes in the business premises where smoking is prohibited and is asked to leave without listening to dissuasion shall not recover the expenses already paid from the operators; Those who have accepted the service but have not yet paid shall not refuse to pay.

Article 15 Any individual or unit has the right to ask smokers to stop smoking in no-smoking places, and to ask operators and managers of no-smoking places to perform their duties of tobacco control and complain to relevant departments. The relevant departments shall investigate and verify the no-smoking places complained about.

Article 16 A seller of tobacco products shall set up a sign in a conspicuous position in the place where he sells cigarettes that smoking is harmful to health and prohibits the sale of tobacco products to minors.

A seller of tobacco products shall not sell tobacco products to minors. If it is difficult to determine whether he is an adult, he shall be required to show his identity certificate; Do not sell tobacco products to people who can't show their identity documents.

Article 17 Medical and health institutions, places for minors' education or activities, and social welfare institutions specially serving minors shall not sell tobacco products.

Eighteenth prohibit the following acts:

(a) the use of automatic sales equipment to sell tobacco products;

(2) Publishing or publishing tobacco advertisements in disguised form;

(three) in the name of charity, public welfare, environmental protection, or in other ways such as "brand extension" and "brand enjoyment";

(4) Title sponsorship activities of tobacco enterprises;

(5) Distributing and giving away tobacco products;

(6) encouraging or inducing the purchase of tobacco products directly or indirectly by distributing or giving away tobacco publicity materials.

Article 19 It is forbidden to sell tobacco products to the public through the Internet, mobile communication and other information networks.

Internet, mobile communication and other information service providers that use their platforms to sell tobacco products to the public shall take measures to delete illegal information, keep relevant records and report to relevant departments.

Twentieth in all kinds of official duties and large-scale public activities, tobacco products shall not be provided, used or given away. Financial funds shall not be used for purchasing tobacco products.

Twenty-first medical and health institutions should carry out medical services to quit smoking in accordance with the regulations, and provide smokers with advice and guidance on quitting smoking.

Twenty-second operators or managers of places are encouraged to formulate their own internal tobacco control system. Encourage industry associations and other social organizations to formulate and implement tobacco control guidelines for their own industries and systems.

State organs and institutions shall abide by the relevant provisions on tobacco control and actively carry out tobacco control work. The administrative organ shall strengthen the propaganda, education and management of tobacco control in the office and public service places under its management.

Twenty-third operators, managers or sellers of tobacco products should set up tobacco control signs that meet the standards in accordance with the regulations.

The production standards and setting norms of tobacco control labels shall be uniformly stipulated by the municipal public health administrative department and announced to the public.

Encourage state organs, enterprises and institutions, social organizations and other social organizations to make their own tobacco control labels that meet the requirements.

Chapter IV Publicity and Education

Twenty-fourth health administrative departments shall formulate tobacco control publicity and education plans every year and carry out various forms of tobacco control publicity and education and training activities.

Twenty-fifth education administrative departments and various educational institutions should incorporate tobacco control education into education and teaching content, and cultivate students' awareness of civilization.

Twenty-sixth state organs, enterprises and institutions, social organizations should incorporate tobacco control norms into their own professional norms, and tobacco control publicity into their own on-the-job training and on-the-job training.

Twenty-seventh newspapers, radio, television, communications, internet and other related media units should take the initiative to play the role of public opinion guidance and supervision, in accordance with the provisions of free tobacco control publicity activities, the release of tobacco control public service advertisements.

Twenty-eighth trade unions, the Communist Youth League, women's federations, associations and other organizations should be combined with the characteristics of their respective work objects, organize and carry out tobacco control publicity and education. Residents' committees, community workstations and other organizations and property service enterprises shall assist relevant departments to carry out tobacco control publicity and education in their service areas.

Twenty-ninth encourage and support volunteer organizations and other social organizations and volunteers to carry out the following activities:

(1) Organizing publicity and education on tobacco control;

(two) discourage smoking, do not listen to discourage the report to the relevant departments;

(three) to put forward opinions and reasonable suggestions on tobacco control in this Municipality;

(four) to assist operators and managers of places to carry out tobacco control work;

(5) Help individuals to quit smoking.

Article 30 The administrative department of health and relevant administrative departments may employ social organizations and individuals such as volunteer organizations as tobacco control supervisors to supervise and inspect the tobacco control signs and the setting of smoking spots, and the operators, managers or sellers of tobacco products in relevant places shall cooperate with them. If problems are found, they can be reported to the health administrative department and relevant administrative departments.

The administrative department of health and relevant administrative departments shall provide guidance and support for volunteer organizations and volunteers to carry out tobacco control supervision and inspection activities.

Thirty-first municipal and district governments should focus on tobacco control propaganda on World No Tobacco Day on May 3 1 every year, and advocate stopping tobacco sales and smoking.

Chapter V Supervision and Administration

Thirty-second municipal government to establish a joint meeting system of tobacco control work. The joint meeting was organized by the municipal government. Mainly perform the following duties:

(a) to study and review the planning, policies and programs of tobacco control;

(two) coordinate and solve the problems in tobacco control work;

(three) to supervise, inspect and evaluate the development of tobacco control work;

(four) other matters related to tobacco control.

The joint meeting of tobacco control work is composed of municipal propaganda, development and reform, finance, health, education, supervision, human resources and social security, transportation, cultural and sports tourism, market supervision, civil affairs, public security, urban management, economy, trade and information technology, scientific and technological innovation, housing and construction, ports, legal system, government administration, Federation of trade unions, Communist Youth League Committee, women's federations and other relevant departments.

The specific office of the joint meeting of tobacco control work is located in the municipal public health administrative department and is responsible for the daily work.

Article 33 A regular meeting system of joint meetings shall be established, and the joint meeting on tobacco control shall hold a working meeting at least once a year. Matters agreed by the joint meeting, each member unit shall organize the implementation.

The member units of the joint meeting shall, according to the actual situation, formulate the tobacco control work system of their own industries and systems, and organize the implementation of the tobacco control work of their own industries and systems.

Article 34 The administrative department of health shall perform the following duties according to law:

(a) to formulate and organize the implementation of tobacco control work plan;

(two) unified organization, coordination, guidance, monitoring and evaluation of tobacco control work;

(three) responsible for guiding, coordinating, deploying and organizing tobacco control publicity and tobacco health education;

(four) to organize medical and health institutions to carry out medical services and provide smoking cessation advice and guidance;

(five) to perform the duties of tobacco control supervision and administration and administrative law enforcement in accordance with the provisions, except as stipulated in Article 35 of these regulations;

(six) other duties as prescribed by laws, regulations and rules.

Thirty-fifth the following departments are responsible for the publicity, education, daily management and supervision of tobacco control work in accordance with the provisions of these regulations, and impose penalties on violations of these regulations:

(a) the administrative department of transportation is responsible for tobacco control in public transport and related public places and workplaces except civil aircraft and trains;

(2) Civil aviation, railways and other administrative departments are responsible for tobacco control in public places and workplaces such as civil aircraft, trains and other public transport vehicles and waiting places;

(three) the administrative department of culture, sports and tourism is responsible for tobacco control in cultural places, stadiums, tourist attractions, public places and workplaces within its jurisdiction;

(four) the administrative department of market supervision is responsible for tobacco control in catering service places, commodity wholesale and retail places and their workplaces;

(five) the public security department is responsible for the tobacco control work in school buses, Internet service places, hotels, entertainment places, dance halls, massage and bathing places and their workplaces;

(six) the administrative department of city management is responsible for tobacco control in parks, subways, public places and workplaces within its jurisdiction;

Other relevant departments shall assist the competent department in tobacco control publicity, education, supervision and management.

Thirty-sixth health administrative departments and relevant administrative departments shall establish a daily inspection and complaint handling system for tobacco control, and announce the supervision to the public.

Article 37 The administrative department of health shall monitor and evaluate the tobacco control work, and publicize it to the public regularly.

Monitoring and evaluation can be entrusted to third-party organizations or institutions.

Thirty-eighth municipal government set up 12345 public telephone, which is a unified telephone for tobacco control complaints in the city. The relevant departments shall accept complaints. For real-name complaints, the complainant shall be informed of the handling results within fifteen working days from the date of acceptance.

Chapter VI Legal Liability

Article 39 Whoever, in violation of the provisions of these regulations, smokes in a no-smoking place and refuses to listen to the dissuasion of the operators and managers of the place, shall be ordered by the administrative department of health and the relevant departments specified in Article 35 of these regulations to make corrections within the scope of their duties, fined 50 yuan and confiscated on the spot; Refuses to correct, punishable by a fine of two hundred yuan; Those who obstruct law enforcement shall be fined in 500 yuan.

Minors under the circumstances specified in the preceding paragraph shall be admonished and educated by the administrative department of health and the relevant departments specified in Article 35 of these regulations within the scope of their duties, and shall be ordered to make corrections.

Fortieth in violation of the provisions of the second and third paragraphs of Article 9 of these regulations, the relevant departments stipulated in Article 35 of these regulations shall give a warning according to the scope of their duties and order them to make corrections within a time limit; If no correction is made within the time limit, a fine of 20 thousand yuan shall be imposed.

Article 41 If the establishment of smoking spots does not conform to the provisions of Items (1), (2), (4) and (5) of Article 11 of these regulations, the administrative department of health and relevant departments as stipulated in Article 35 of these regulations shall give a warning according to the scope of their duties and order them to make corrections within a time limit; If no correction is made within the time limit, a fine of twenty thousand yuan shall be imposed.

If the setting of smoking spots does not meet the requirements of fire safety, the fire control institutions of public security organs shall be punished in accordance with relevant laws and regulations.

Article 42 If the operator or manager of a no-smoking place fails to perform one of the duties stipulated in Article 13 of these regulations, the health administrative department and the relevant departments stipulated in Article 35 of these regulations shall give a warning according to the scope of their duties and order them to make corrections within a time limit; If no correction is made within the time limit, a fine of thirty thousand yuan shall be imposed.

Forty-third in violation of the provisions of the sixteenth paragraph of this Ordinance, the administrative department of market supervision shall give a warning and order it to make corrections within a time limit; If no correction is made within the time limit, a fine of ten thousand yuan shall be imposed.

In violation of the provisions of the second paragraph of article sixteenth, article seventeenth and article eighteenth (a), the administrative department of market supervision shall order it to make corrections and impose a fine of thirty thousand yuan.

Forty-fourth in violation of the provisions of Article 18 (2), (3) and (4) of these regulations, the administrative department of market supervision shall order advertisers to stop publishing and impose a fine of five times the advertising or sponsorship expenses; Advertising agents and publishers who are responsible shall have their advertising expenses confiscated and be fined three times the advertising expenses.

In violation of the provisions of Item (5) and Item (6) of Article 18 of this Ordinance, the administrative department of market supervision shall order it to stop the delivery, and impose a fine of100000 yuan on the delivery unit.

Forty-fifth Internet, mobile communications and other information service providers in violation of the provisions of article nineteenth of these regulations, the administrative department of market supervision shall order them to make corrections; Those who refuse to make corrections will be fined 30,000 yuan, and the communication management department will close the website and revoke the business license or cancel the record.

For non-local registered information service providers, the communication management department shall hand them over to the communication management department of the registered place for handling according to law.

Forty-sixth in violation of the provisions of this Ordinance, hinder the relevant departments to perform their duties according to law or disrupt social order, if the circumstances are serious, the public security department shall impose administrative detention according to the Law of People's Republic of China (PRC) on Public Security Administration Punishment; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.

Forty-seventh relevant administrative departments and their staff in tobacco control work, do not perform their duties or do not perform their duties correctly, shall be investigated for administrative responsibility according to law; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.

Chapter VII Supplementary Provisions

Forty-eighth the term "district government" as mentioned in these Regulations includes the new district management institutions.

Article 49 Smoking as mentioned in these Regulations refers to the possession of lighted tobacco products.

Article 50 The term "indoor" as mentioned in these Regulations refers to all spaces in buildings and structures with a covered top and a total enclosed area exceeding 50%.

Article 51 These Regulations shall come into force on March 1 day, 2065.