With this bill, the Government intends to eliminate the “exceptions currently provided for in the law to the prohibition of smoking in closed places of collective use”, but maintains those that cover psychiatric services, treatment and rehabilitation centers for people with health problems. dependency and addictive behaviors and prisons.
The diploma states that “users of these spaces and inmates may find it difficult, or even impossible, to comply with restrictions on tobacco smoking” and that, in the case of prisons, cells or wards can even be created for smoking inmates, provided that they satisfy various requirements set out in the law.
This exception therefore allows smoking in outdoor areas, which must be previously defined and signposted, with conditions to minimize third-party exposure to environmental smoke and so that emissions do not affect the air in the respective closed areas.
Airport smoking rooms
“It is also allowed to create smoking rooms in airports, railway stations, bus stations for passengers, and in sea and river stations for passengers in transit, equipped with ventilation in accordance with the established rules”, says the bill.
With regard to places that have created smoking rooms, and which are now covered by the total ban on smoking, the diploma provides for a transitional regime until January 1, 2030. The Government also intends to institute a ban on smoking at public swimming pools and water parks , claiming that they are places of entertainment and frequented by minors and their families.
Smoking is also prohibited in closed areas of automatic cash withdrawal networks, as well as “at sea, river and lake beaches [lakes]” if so determined by the management, administration or concession holder.
In general, the diploma provides for a ban on smoking in outdoor areas of establishments of any level of education, training centers and sports venues and in services and places where health care is provided, given that they are “frequented by children, people undergoing training, people practicing sports or people who are sick, particularly vulnerable to exposure to environmental smoke”.
The sale of tobacco through vending machines is now prohibited in places located less than 300 meters from establishments for people under 18 years of age, educational establishments and training centers and unit sales of cigarettes and cigarillos after opening of the respective packages.
Contrary to what was initially announced by the Government, the diploma now delivered to parliament no longer provides for a ban on the sale of tobacco at fuel stations, a change that the Minister of Health justified today with the lack of alternatives for purchase in many locations.