Regulations of Chengdu Municipality on Controlling Smoking in Public Places

In violation of the provisions of this Ordinance, it shall be ordered to make corrections, and a fine of more than 30,000 yuan100,000 yuan shall be imposed.

Those who fail to fulfill the obligation of dissuasion in time shall be given a warning and fined more than 3000 yuan 1 10,000 yuan.

Regulations of Chengdu Municipality on the Control of Smoking in Public Places * * * Official website of Chengdu Municipal People's Congress (adopted at the 38th meeting of the Standing Committee of the 17th Chengdu Municipal People's Congress on August 30, 2002 and approved at the 37th meeting of the Standing Committee of the 13th Sichuan Provincial People's Congress on September 30, 2022)

Article 1 In order to reduce the harm caused by smoking, safeguard public health rights and interests, create a good public environment, and improve the level of urban civilization, these Regulations are formulated in accordance with the Basic Medical and Health Care Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation in Chengdu. Article 2 These Regulations shall apply to smoking control in public places within the administrative area of this Municipality and their supervision and management activities. The term "public places" as mentioned in these Regulations refers to places that can be accessed by the public or used collectively, including workplaces, public transport vehicles and public elevators. The term "smoking" as mentioned in these Regulations refers to the act of inhaling and exhaling tobacco smoke or electronic cigarettes and holding lighted tobacco products. Article 3 Smoking control in public places in this Municipality follows the principles of government leading, classified management, place responsibility, individual self-discipline and social supervision. Article 4 The municipal, district (city) and county people's governments shall be responsible for smoking control in public places within their respective jurisdictions, and shall incorporate smoking control into the development plan of health undertakings. The Town People's Government and sub-district offices are responsible for smoking control in public places within their respective jurisdictions. Fifth city and district (city) county health departments under the leadership of the people's government at the same level, organization, coordination, supervision and management of smoking control in public places. City and district (city) county education, civil affairs, human resources and social security, housing and construction, urban management, transportation, park appearance, commerce, culture and tourism, market supervision, sports, government affairs, tobacco monopoly and other departments shall do a good job in the supervision and management of smoking control in public places in their respective functions and duties. Article 6 Smoking is prohibited in indoor areas of public places, except for places specified in Item 1 of Paragraph 1 of Article 7 of these Regulations. Smoking control in civil airports and railway stations shall be implemented in accordance with relevant state regulations. Smoking is also prohibited in the outdoor areas of the following public places: (1) nurseries, kindergartens, primary and secondary schools, youth palaces, youth activity centers, off-campus training institutions, children's welfare homes, assistance and protection institutions for minors and other public places where minors concentrate their activities; (2) Maternal and Child Health Hospital and Children's Hospital; (3) Audience seats in stadiums, performance venues, competitions and performance areas; (four) cultural relics protection units open to the public; (5) Public transport waiting areas where crowds gather; (six) other outdoor public places where smoking is prohibited as stipulated by laws, regulations and rules. City and district (city) and county people's governments may, according to the needs of holding large-scale activities, designate outdoor areas where smoking is temporarily prohibited. Article 7 Smoking areas may be set up in the following places: (1) Indoor areas of catering and entertainment service places and accommodation and rest service places; (two) the outdoor areas of public places other than those stipulated in the second paragraph of Article 6 of these regulations. The establishment of smoking areas shall comply with the following provisions: (1) Avoid crowded areas and main passages that pedestrians must pass through; (two) set up obvious signs of smoking area and warning signs that smoking is harmful to health; (three) set up sanitation facilities to collect lampblack and cigarette butts; (four) in line with fire safety standards. If a smoking area is set up in the place specified in the first paragraph of this article, it shall meet the conditions stipulated in the preceding paragraph, and it shall also meet the conditions for effectively isolating the smoke from the no-smoking area. Article 8 Operators and managers of places where smoking is prohibited shall establish a smoking control management system and perform the following obligations: (1) Do a good job in publicizing smoking in this place; (two) set up obvious no smoking signs and keep the signs complete and clear, and the signs should include warning slogans, legal responsibilities for illegal smoking and complaint telephone numbers. ; (3) No tobacco advertising signs and articles shall be set up; (4) Smoking-related appliances such as ashtrays shall not be installed in places where smoking is prohibited; (five) timely discourage illegal smokers, and report to the supervision and management department if they do not listen to dissuasion. Article 9 Any individual shall abide by the regulations on smoking control, and shall not smoke in no-smoking places, and consciously obey the guidance and dissuasion of operators, managers and others in no-smoking places. Any unit or individual has the right to ask smokers in no-smoking places to stop smoking, the right to ask operators and managers of no-smoking places to perform smoking control obligations such as discouraging illegal smokers from smoking, and the right to report and complain about violations of these regulations. Article 10 State organs, medical and health institutions and places providing education, teaching, activities and services for minors shall not sell tobacco products (including electronic cigarettes and other new tobacco products, the same below). It is forbidden to sell or sell tobacco products in disguised form by vending machines or other forms of sales. Eleventh it is forbidden to publish outdoor tobacco advertisements in the mass media or public places. It is forbidden to send any form of tobacco advertisements to minors. It is forbidden to publicize the name, trademark, packaging, decoration and similar contents of tobacco products by using advertisements and public service advertisements of other commodities or services. The notice of relocation, renaming and recruitment issued by the producer or seller of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products. Twelfth state organs, institutions, etc. We should abide by the relevant regulations on smoking control and take the lead in controlling smoking. Organizers of official activities shall not provide tobacco products. Leading cadres, medical personnel and teachers should play a leading role in tobacco control and actively participate in tobacco control in public places. Thirteenth prohibit the sale of tobacco products to minors. If it is difficult to determine whether it is an adult, the operator shall require it to show its identity documents; Tobacco products that are not produced shall not be sold to them. Operators of tobacco products shall set up signs in a prominent position in their business premises that smoking is harmful to health and prohibits the sale of tobacco products to minors. It is forbidden to set up tobacco products sales points around kindergartens, primary and secondary schools and youth palaces. Primary and secondary schools should incorporate smoking-related knowledge such as tobacco hazards and second-hand smoke hazards into health education courses, and take effective measures to prevent and stop students from smoking. Teachers are not allowed to smoke in front of students. Fourteenth units and individuals are encouraged to participate in the control of smoking in public places. Trade unions, the Communist Youth League, women's federations and other mass organizations shall, according to the characteristics of their respective working objects, organize and carry out smoking control work. Neighborhood (village) committees and property service providers shall assist relevant departments to control smoking. Encourage industry associations, volunteer organizations and other social organizations to carry out tobacco control publicity activities according to law to discourage illegal smoking. Fifteenth city and district (city) county people's government and its relevant departments, the town people's government, street offices should organize publicity and education on smoking control in public places, and actively create a smoke-free environment. City and district (city) county spiritual civilization construction committee office shall incorporate smoking control in public places into the evaluation of mass spiritual civilization creation activities. The competent department of health shall strengthen the monitoring, evaluation and guidance of smoking control, formulate the work plan of smoking control publicity and education, and organize various forms of smoking control publicity activities. Newspapers, radio, television, internet and other media should regularly carry out public welfare publicity activities that smoking is harmful to health. Sixteenth medical and health institutions should carry out medical services for smoking cessation in accordance with the regulations, and provide smoking cessation consultation and diagnosis and treatment services for smokers. Article 17 The supervision and management of smoking control shall be implemented in accordance with the following provisions: (1) The departments of education, human resources and social security shall be responsible for the supervision and management of smoking control in schools, nurseries, kindergartens, cultural education and vocational skills training institutions according to their respective responsibilities; (two) the civil affairs department as the competent department is responsible for the supervision and management of tobacco control in social welfare institutions, pension institutions, juvenile relief and protection institutions and their social organizations; (three) the traffic department is responsible for the supervision and management of smoking control in public transport vehicles such as passenger cars, urban rail transit, stations and related public places; (four) the supervision and management of the park city department is responsible for the control of smoking in parks, parks and other places; (five) the market supervision and management department is responsible for the supervision and management of smoking control in public places such as catering services, wholesale and retail of goods, wholesale and retail of drugs, and strengthen the supervision and management of tobacco advertising; (six) the commercial department is responsible for the supervision and management of smoking control in commercial complexes, shopping malls, supermarkets, farmers' markets, massage and health care, bathing, foot bath and other places; (7) The cultural, cultural and tourism department is responsible for the supervision and management of smoking control in cultural, commercial and entertainment places, hotels, Internet service places, tourist cultural relics units and related places within the scope of its duties; (eight) the sports department is responsible for the supervision and management of smoking control in public sports places such as sports and fitness; (nine) the housing construction department is responsible for the supervision and management of smoking control in office buildings, commercial and residential buildings and other property service areas; (ten) the city management department is responsible for the supervision and management of smoking control in public places within its jurisdiction; (eleven) the administrative department of government affairs is responsible for the supervision and management of smoking control in the office of state organs within its management scope; (twelve) the tobacco monopoly department is responsible for the supervision and management of tobacco sales places to control smoking; (thirteen) the competent department of health is responsible for the supervision and management of smoking control in various medical and health institutions and other public places other than those specified in items 1 to 12 of this paragraph. The administrative punishment prescribed in this Ordinance, which is incorporated into the comprehensive administrative law enforcement, shall be implemented by the comprehensive administrative law enforcement department. Article 18 12345 The government service hotline accepts complaints about smoking control in public places, and forwards them to relevant departments for timely treatment according to their authority. Nineteenth operators and managers in public places who violate one of the provisions of the first to fifth items of Article 8 of these regulations shall be ordered to make corrections by the relevant departments in accordance with the duties stipulated in Article 17; Refuses to correct, a fine of one thousand yuan and five thousand yuan; If the circumstances are serious, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed. Operators and managers of public places where minors concentrate in schools, kindergartens, etc. violate the provisions of Item 5 of Article 8 of these Regulations and fail to perform the obligation of dissuasion in time, give a warning and impose a fine of not less than 3,000 yuan but not more than 10,000 yuan. Twentieth individuals in violation of the provisions of this Ordinance, smoking in no smoking places and do not listen to discourage, by the relevant departments in accordance with the provisions of article seventeenth of this Ordinance, shall be ordered to make corrections; Refuses to correct, a fine of fifty yuan; If the circumstances are serious, a fine of not less than 100 yuan but not more than 200 yuan shall be imposed. Smoking in schools, kindergartens and other public places where minors concentrate their activities, shall be ordered to make corrections, given a warning, and fined from 200 yuan to 500 yuan. Twenty-first in violation of the provisions of the second paragraph of article tenth of this Ordinance, the tobacco monopoly department shall order it to make corrections and impose a fine of not less than thirty thousand yuan but not more than one hundred thousand yuan. In violation of the provisions of the thirteenth paragraph of this Ordinance, the sale of tobacco products to minors shall be handled in accordance with the Law of People's Republic of China (PRC) on the Protection of Minors. Twenty-second to hinder the staff of state organs to perform official duties according to law, by the public security organs in accordance with the "People's Republic of China (PRC) public security management punishment law" and other laws and regulations to be dealt with. Twenty-third other acts in violation of the provisions of this Ordinance, laws and regulations have been punished, from its provisions. Twenty-fourth specific requirements for setting up indoor smoking areas due to special circumstances shall be formulated by the Municipal People's Government. Article 25 These Regulations shall come into force from June+10 +2023 10. 65438+1The Regulations on Smoking Prohibition in Public Places in Chengdu, adopted at the 20th meeting of the Standing Committee of the 12th Chengdu Municipal People's Congress on September 26th, 1996, 19961approved at the 23rd meeting of the Standing Committee of the Eighth Sichuan Provincial People's Congress on October 26th, was abolished at the same time.