The deadline for closed public spaces to adapt to the tobacco law ends



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A new tobacco law was published on 26 August 2015, reinforcing the previous one with rules for protection citizens of involuntary exposure to tobacco smoke, and the transposition of the directive European 03 April 2014.

The new changes came into effect on 01 janeiro 2016, but the total ban on smoking in enclosed public spaces only becomes effective to 01 of janeiro of 2021.

The places that, at the time of the publication of the new law, had smoking areas, had a longer period of adaptation, justified by the investments that many bars and restaurants made in systems. extractors and ventilation, under the first law anti smoking.

“A transitional period was introduced for the entry into force of the total ban on smoking in establishments that, on the date of publication of the law, have spaces for smokers or are exclusively for smokers. […] These establishments may maintain the total or partial smoking permit, provided that they meet the previously required ventilation requirements, being valid until 31 December 2020 “, reads the website of the Food and Economic Safety Authority (ASAE).

The new diploma extended the smoking ban to other closed public spaces that were not included in the previous law, such as casinos, bingo halls, gambling halls and other types of spaces intended for sample non-artistic nature.

However, the new law maintains some exceptions for certain public spaces, allowing the creation of rooms exclusively for smokers, as long as certain requirements are met, such as adequate signage, with posters in visible places.

These rooms are also required to have, at the entrance, a visible indication of the maximum capacity allowed, be physically separated from the rest of the facilities or, if they are located inside buildings, be completely compartmentalized.

Smoking rooms should also have an outside ventilation system with extraction of air that allows the maintenance of a negative pressure of at least five Pascals (Pa).

As for the sanctioning regime, now it is up to inspector-general of ASAE and to director-general of Direction-General Consumer Protection, where appropriate, the application of respective fines and accessory sanctions, which inform the Direction-General health.

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