How to punish smokers. Part 2. Where else can not smoke

June 1, 2014 the new provisions of the anti-tobacco law come. Now you can not smoke, not only in elevators, playgrounds and other public places, but also in bars, restaurants, long-distance trains. In this article you will find practical advice on how to deal with smokers and help this law work.

A year ago - June 1, 2013 - came into force on the base part of the Federal Law № 15 "On protection of health of citizens from exposure to environmental tobacco smoke and the consequences of tobacco use." Briefly - anti-smoking law. Layfhaker spoke in detail about this act.

The article said that the law requires a phased implementation, that is, prohibitions and restrictions are introduced gradually. June 1, 2014 - the next stage. Today we'll show you where else you can not smoke, as well as who and how to be punished for smoking in cafes and restaurants.

list extended

Recall that a year in Russia there is a ban on smoking in public places (schools, hospitals, cultural institutions, elevators, children's areas, stadiums and so on. d.), as well as the trade in cigarettes near educational institutions and on the sale of tobacco products minors.

June 1, 2014 a list of places where smoking is prohibited, is expanding. Now it is also impossible to smoke (Article 12 of the Federal Law № 15):

• long-distance trains;
• on ships on long voyages;
• in the premises intended for the provision of housing and hotel services, as well as the temporary accommodation of people (hotels, dormitories, etc...);
• in the premises intended for the provision of domestic services;
• trade areas, including in the markets;
• in the premises intended for the provision of catering services (cafes, bars, restaurants, etc.);
• on passenger platforms used for embarkation / disembarkation of passengers on suburban routes.

In addition, come into effect a ban on the trade in tobacco products in kiosks and its open calculation (Article 19 of the Federal Law № 15). Since the first day of summer, it will be impossible to buy cigarettes in the near stall - only in shops and shopping pavilions with sales area. (Exception - rural areas, where the entire village can be a kiosk).

But not all in just stores. Cigarettes will be removed from the windows of predkassovoy zone. Instead, there will be lists of the range of tobacco products. The buyer will have to ask him to show the list and select the desired item.

We do not smoke

Among the new facilities «no smoking» greatest cause debate cafes, bars, restaurants and other catering establishments.

Smokers are indignant: "We have already driven into the" non-smoking rooms! " What are we stopping you? ". Fighters for the environment smoke-free retort: ​​"We want to have a steak and taste the meat, not the smell of cigarettes!".

Anti-smoking law stands on the side of the latter. According to its regulations, smoking is allowed only in designated areas outdoors or in isolated rooms that are equipped with ventilation systems.

Requirements for dedicated and special places outdoors for smoking tobacco, to the isolation and isolated premises equipment for tobacco smoking are established by the federal executive authorities. Part 3 of Article 12.

In other words, the "smoking rooms" fading. Smoking area must comply with the requirements of anti-smoking legislation. However, exactly these requirements are not yet developed. There are only a few scattered SNIP and SanPiN.

But in March last year, the Ministry of Health published the draft documents regulating equipment smoking areas. So, in an isolated room, for example in a café, a location must meet the following requirements:

• the presence of a tight-fitting doors, preventing the penetration of smoke into the common room, where on both sides of the sign should be placed "Designated Smoking Area";
• the presence of supply and exhaust ventilation with mechanical drive, and deducing the smoke preventing its penetration into adjacent premises;
• a fire extinguisher;
• the presence of ashtrays and artificial lighting;
• the presence of posters about the dangers of tobacco.

If in a cafe or restaurant, there is no such premises or is not equipped playground in the open air (it also has special requirements), the a priori smoking in such establishments should not be.

How to deal with smoking in cafes and restaurants

By VTsIOM68% of Russians recognize the right of service workers to the workplace without tobacco smoke. But 21% of respondents believe that customers of restaurants and bars are entitled to "complete rest" and should not give up the habit to smoke a cigarette or two.

A conflict of interest is obvious. In the previous article cited Layfhaker combat smoker algorithm. But in the case of smoking in bars and restaurants, there is a question: who to prosecute - smoker or institution? And how to do it?

Anti-smoking law (Article 10) imposes on individual entrepreneurs and legal entities the obligation:

monitor the observance of the legislation in the sphere of protection of public health from the effects of ambient tobacco smoke and the consequences of tobacco consumption in the territories and in buildings that are used to carry out its activity.

In other words, the owners of gastronomic establishments must ensure that their cafes and restaurants, the law is not violated.

What to do if you came to the cafe and saw the smoking visitors? You must call the administrator and to draw his attention to the violation of the law. That, in turn, is obliged to ask the smoker to stop illegal actions and / or, if necessary, call the police.

If the cafe leadership ignored your complaint or you observe systematic violations of anti-smoking legislation in this institution, contact the Federal Service with a request to bring the owner to administrative responsibility.

Whether a smoker will be punished? Yes, if you write a statement to law enforcement agencies and will be able to prove that a particular person had smoked in the wrong place. As evidence taken photos and videos. But we recall that the question of their admissibility is debatable.

tobacco Case

Article 23 of the anti-smoking law provides for three types of liability - disciplinary, civil or administrative.

It is obvious that the administrative penalties - the most common form of punishment faced and will face the perpetrators.

We have prepared a table which clearly indicates what is fraught with violation of the Law "On health protection of citizens from exposure to environmental tobacco smoke and the consequences of tobacco use."

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One can endlessly argue about the futility of the described measures and "leaky" law. But first it is worth recalling that, according to experts, in Russia smoke 43 million 900 thousand. people - about 40% of the population. Thus from diseases associated with tobacco, die annually from 330 to 550 thousand. man.