The new anti-smoking legislation in Spain in detail

The new anti-smoking legislation in Spain in detail
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By h.b. - Jan 2, 2011 - 5:44 PM
Smoking has been banned in all closed public spaces from Sunday January 2 2011

The sign in a Valencia cafe - Photo EFE

THE LAW
Smoking is banned in all closed public places, and that now includes airports which lose their smoking points, public transport in general, all closed bars, restaurants and leisure centres.

Smoking is allowed in prisons, psychiatric centres for medium and long term detention, pensioners homes and centres for the disabled, provided that in all these cases zones are created outside the buildings or in special rooms inside which have been prepared for the purpose and which are clearly signed and independently ventilated.

Hotels can reserve up to 30% of their rooms for smokers, but these must always be the same rooms, and be separated from the rest.

In bars and restaurants open air space is considered to be that which is without a roof, or a roof may be present when there is a maximum of two walls.

In sports arenas and centres smoking is allowed in open spaces, such as football grounds, but not allowed in closed spaces, such as basketball courts.

All children’s parks and play areas are smoke free zones. Such areas can be considered such by the equipment which is installed there for childrens play, games or sport.

There is no smoking in any areas of health centres or hospitals, even if they are open air.

Smoking is allowed in open air areas of universities and exclusively adult training centres, provided there is no immediate access to the buildings themselves.

Smoking is banned in the media, including news services, the broadcast of programmes or image in which the presenter, collaborator or invited guest smokes is prohibited. Also there is to be no mention, directly or indirectly of any cigarette brand, commercial names, logos or other signs, identifiable or associated with tobacco products.

The prohibition does not apply to private smokers clubs. These can be established by an individual who becomes legally responsible, are non-profit making, and do not include among their activities the sale or any items or services. Children are not allowed in such clubs.

Shops at petrol stations are allowed to sell cigarettes in packets or individually.

The Inter-territorial Health Council will value anti-smoking methods and can include them as part of National Health treatments.

Measures will be taken to protect the health and the education of children when it comes to smoking, with the intention of stopping them from taking it up, or helping them to stop. Teachers will be given anti smoking content for them to use in class.

The Ministry for Health will have to present an Impact Evaluation Report to Congress in two years and again after four years.

THE PUNISHMENTS
Smokers can be fined between 30€ and 600,000€ as can bar and restaurant owners when there are smokers in their establishment; they have the responsibility to ensure the law is respected.

There is doubt in some areas who exactly is responsible for the inspection and enforcement of the law, given that under the 2006 legislation some Town and City Halls took over the responsibility. Where that has not happened it will be the health departments of the regional governments who will send out inspectors.

The number of inspectors is to be increased in the short term, and they will check that bars and restaurants are displaying the correct signs about the new law. They will check for any evidence of smoking, such as fag-ends or used ashtrays.

Aside from the inspectors, any member of the public can denounce where the law is not being met. This can be done to the local district offices of the regional health department, or more easily to the local police. In such cases it will be taken as read that the individual who has been smoking in an establishment will not be identified.

The FACUA consumers group has placed a form on their webpage for the purpose. See here

Read our profile on the Minister for Health, Leire Pajín - here

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