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Chapter Law Content

Title: Tobacco Hazards Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 5 Places Where Tobacco Use is Restricted
Article 18
Smoking is completely prohibited in the following places:
(1) schools of all levels, kindergartens, childcare centers, family childcare service facilities, and other places mainly intended for education or activities of children and youth;
(2) indoor areas of libraries, museums, art galleries, and other places where the culture or social education institutions are located;
(3) medical institutions, nursing institutions, other medical care institutions, and social welfare organizations, with the exception of outdoor areas and separate indoor smoking partitions equipped with independent air-conditioning systems and separate compartments of the welfare institutions for the elderly;
(4) indoor areas of government agencies and state-owned enterprises;
(5) public transportation vehicles, taxis, tour buses, stations, and passenger rooms;
(6) places for the manufacturing, storage or sale of flammable and explosive items;
(7) the business premises of banks, post offices, and offices of telecommunication businesses;
(8) places for indoor sports, exercises, or body-building;
(9) classrooms, reading rooms, laboratories, performance halls, auditoriums, exhibition rooms, conference halls (rooms), and inside elevator cars;
(10) indoor areas of opera houses, cinemas, audio-visual businesses, computer entertainment businesses, or other recreational sites open to the general public;
(11) indoor areas of hotels, shopping malls, restaurants, bars, nightclubs, or other places for public consumption, with the exceptions of those locations with independent air-conditioning systems and separate compartment for indoor smoking rooms or cigar clubs;
(12) indoor workplaces jointly used by three or more persons;
(13) other indoor public places and the places and transportation facilities designated and announced by all levels of competent authorities.
The places mentioned in the preceding paragraph where smoking is prohibited shall have conspicuous non-smoking signs at all of their entrances, and shall not supply smoking-related objects.
Regulations concerning the area, facilities, equipment, and other related matters of indoor smoking rooms pursuant to Sub-paragraph 3 and the exception of Sub-paragraph 11 of Paragraph 1 shall be stipulated by the central competent authority.
Article 19
Smoking in the following places is prohibited except in the designated smoking areas; smoking is completely prohibited therein if no such smoking area is designated:
(1) outdoor places of libraries, museums, art galleries, and other places where the culture or social education institutions are located;
(2) outdoor stadiums, swimming pools, or outdoor places of other recreational sites open to the general public;
(3) outdoor areas of the welfare institutions for the elderly;
(4) other places and transportation facilities designated and announced by all levels of competent authorities.
The places mentioned in the preceding paragraph shall have conspicuous signs at all of their entrances and other appropriate locations indicating “non-smoking” or “smoking is prohibited outside the smoking area”, and shall not supply smoking-related objects except within the smoking area.
The designation of smoking areas pursuant to Paragraph 1 shall comply with the following requirements:
(1) the designated smoking area shall have conspicuous signs and marks; and
(2) the designated smoking area shall not occupy more than one-half of the indoor and/or outdoor areas of its respective places, and the smoking room shall not be located on the essential passageway.
Article 20
For places other than those listed in Paragraph 1 of Article 18 or Paragraph 1 of the preceding article, smoking is prohibited at the place where the owners, managers, or persons in charge designate the place to be non-smoking.
Smoking is prohibited in indoor areas where pregnant women or children younger than three years of age are present.
Article 21
The persons in charge of a place where smoking is prohibited or restricted, as well as the employees thereof, shall stop those who smoke in the non-smoking places pursuant to Articles 18 or 19, or those who are under the age of 20 to enter the smoking areas. Other on-site persons may dissuade those who smoke in non-smoking places or enter the smoking areas.
Article 22
The competent authorities in special municipalities and countries or cities shall periodically send personnel to inspect the places pursuant to Articles 18 and 19 in compliance with the matters relating to the establishment and management of the smoking areas. The person in charge or employees of those places shall not evade, obstruct, or refuse the inspection.