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[Canada, BC] Changed (near public doorways) to (withing a radius 3 meters of doors, open windows and air intakes) as the old phrase does not give the full basic info about the new smoking law.
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*[[Saskatchewan]]'s reinstated 'shower curtain law' (2005) requires shop owners to keep tobacco sales out of sight. There are fines of up to $10 000 for violation of the Tobacco Control Act which bans smoking in all public areas, indoor and outdoor, including clubs for veterans.<ref name=autogenerated1 />
*[[Saskatchewan]]'s reinstated 'shower curtain law' (2005) requires shop owners to keep tobacco sales out of sight. There are fines of up to $10 000 for violation of the Tobacco Control Act which bans smoking in all public areas, indoor and outdoor, including clubs for veterans.<ref name=autogenerated1 />
*[[Alberta]] has had a public smoking ban since [[1 January]] [[2008]].<ref>[http://www.smokefreealberta.com/news__information.html Smoke Free Alberta | News & Information<!-- Bot generated title -->]</ref> The City of Calgary has legislated that bars and restaurants must be smoke free (since 2007); in the city of Edmonton there has been a smoking ban since 2005.<ref>[http://209.85.135.104/search?q=cache:LOYgoM0OBtUJ:www.vcfs.ca/docs/articles/article10_edmontonbylaw_en.pdf+Smoking+Edmonton+rules&hl=fr&ct=clnk&cd=9&gl=fr&client=firefox-a. Albertan city bans]</ref>
*[[Alberta]] has had a public smoking ban since [[1 January]] [[2008]].<ref>[http://www.smokefreealberta.com/news__information.html Smoke Free Alberta | News & Information<!-- Bot generated title -->]</ref> The City of Calgary has legislated that bars and restaurants must be smoke free (since 2007); in the city of Edmonton there has been a smoking ban since 2005.<ref>[http://209.85.135.104/search?q=cache:LOYgoM0OBtUJ:www.vcfs.ca/docs/articles/article10_edmontonbylaw_en.pdf+Smoking+Edmonton+rules&hl=fr&ct=clnk&cd=9&gl=fr&client=firefox-a. Albertan city bans]</ref>
* [[British Columbia]]'s smoking ban, updated in March 2008, bans smoking in all public spaces such as restaurants, pubs and private clubs, offices, malls, conference centres, sports arenas, community halls, government buildings and schools, and near public doorways. <ref> [http://www.health.gov.bc.ca/tobacco/communities.html TOBACCO-FREE] - Ministry of Health, Province of British Columbia, Canada</ref> Additionally, all commercial displays of tobacco that visible to members in public areas under the age of 19 was banned under the same legislation.
* [[British Columbia]]'s smoking ban, updated in March 2008, bans smoking in all public spaces such as restaurants, pubs and private clubs, offices, malls, conference centres, sports arenas, community halls, government buildings and schools, and withing a 3 meter radius of doors, open windows and air intakes. <ref> [http://www.health.gov.bc.ca/tobacco/communities.html TOBACCO-FREE] - Ministry of Health, Province of British Columbia, Canada</ref> Additionally, all commercial displays of tobacco that visible to members in public areas under the age of 19 was banned under the same legislation.


By territory (east to west):
By territory (east to west):

Revision as of 11:57, 4 January 2009

This is a list of smoking bans by country.

A pictogram often used where a smoking ban is in order.

A 2006 smoking ban in Buenos Aires city prohibits smoking in public areas including bars and restaurants except if the bar is more 100 m2 where it is possible to have area for smoking customers. Similar bans in other Argentine cities require bigger establishments to provide a separate, contained area for smoking customers. The rule is not nationwide.

A law went into effect in March 2005 banning smoking in hospitals, cultural and educational institutions and on public transportation. On 1 March 2006 new rules came into effect requiring all public and private institutions, including bars and restaurants, to allow smoking only in special secluded areas. Absence of any legal sanctions against those who violate the smoking laws have made them completely ineffectual.[1]

In Australia smoking bans are determined on a state-by-state basis. In chronological order by state:

  • South Australia: Smoking prohibited in all indoor dining areas since January 1999[2]. Total enclosed public place smoking ban in force since November 2007
  • Western Australia: Incremental restrictions introduced from January 2005 with a total ban on smoking in all enclosed public spaces taking effect from July 2006[3]
  • Tasmania: Total indoor smoking ban in force since January 2006 [citation needed]. From January 2008 the ban was extended to include smoking in cars with passengers under the age of 18[4]
  • Queensland: Comprehensive ban in effect since July 2006. Smoking is prohibited in all pubs, clubs, restaurants and workplaces, commercial outdoor eating and drinking areas, outdoor public places, and within 4 meters of non-residential building entrances[citation needed]
  • Australian Capital Territory: A ban on smoking in enclosed public places has been in effect since December 2006[citation needed]
  • Victoria: : A ban on smoking in enclosed public places has been in effect since July 2007[citation needed]
  • New South Wales: A ban on smoking in all enclosed areas of restaurants, licensed clubs and pubs came into force in July 2007. In July 2008 the government announced plans to introduce new legislation that will prohibit smoking in private cars that carry children less than 16 years old.[citation needed]
  • Northern Territory: The Territory government has announced its long awaited timeframe for banning smoking inside clubs and pubs, saying new restrictions will come into place from the start of 2010.

Bahrain outlawed smoking in public places on 27 February 2008.

Smoking restricted in pubs, cafés, offices and other public places since March 2005.

  • 2005: Companies should have implemented smoking plans to discourage smoking.
  • January 2006: Smoking prohibited in the work area.
  • January 2007: Smoking banned in restaurants and bars, except in the ones that serve "light meals" (e.g. cold meals, pizzas and warm meals that are served with bread instead of french fries) and have less of 30% of their sales from food servings. Small bars are also not included in the ban. Most large bars, such as concert venues, do little to enforce the ban.
  • September 2008: Smoking no longer allowed in schools.
  • July 2010 (planned): General smoking ban, all types of bars included. [5]

As of October 1, 2006, all enclosed workplaces in Bermuda are smokefree, including restaurants, bars, private clubs and hotels.

On 17 December 2004, a national ban on the sale of tobacco products went into effect. Smoking in all public places in Bhutan became illegal on 22 February 2005. It thus became the first nation in the world to outlaw this practice outright.

The Federation of Bosnia and Herzegovina within the nation has banned smoking in public buildings since 1 September 2007.

In Brazil, smoking is forbidden in all enclosed public spaces, such as shopping malls and libraries, except for specifically- designated smoking areas. [6] In restaurants there should be a non smoking section but in reality most restaurants end up having tables side by side, one for non-smokers and another where smoking is allowed. Tobacco advertising is restricted to posters in shops. [7]

Smoking in indoor (and in some cases outdoors - see below by province) workplaces and public places is banned in all territories, provinces and in federally regulated buildings. However, some jurisdictions allow specific exemptions to the smoking ban.

Parliament has banned smoking in the federal government and in federally regulated businesses, including places such as airports. Smoking rooms are disallowed.

By province (east to west):

  • Newfoundland and Labrador: smoking has been banned in all public places, including bars and bingo halls, since 2005 under the province's Smoke-Free Environment Act.[8]
  • Prince Edward Island has banned smoking in public places and workplaces since 2003. Ventilated smoking rooms are allowed, however, but food cannot be served in them.[9]
  • Nova Scotia: From 1 December 2006 onwards, smoking is banned in public places, with the exception of special rooms in nursing homes and care facilities. Tobacco products cannot be displayed prominently in stores.[9] From 1 April 2008, smoking in a car with passengers under 19 inside is illegal.[10]
  • New Brunswick has banned smoking in all public areas since October 2004 and does not allow specially ventilated rooms.
  • Quebec eliminated designated smoking rooms and retail tobacco displays 31 May 2008. There has been a comprehensive ban on smoking in public places, including bars and restaurants, since 2006.[9]
  • Ontario banned retail displays of tobacco in 2008. Since 2006, all workspaces and enclosed spaces open to the public ban smoking.[9]
  • Manitoba's Non-Smoker's Health Protection Act has banned all smoking in public spaces since October 2004. Non-smoking areas, or specially ventilated rooms, are not allowed in bars and restaurants.[11]
  • Saskatchewan's reinstated 'shower curtain law' (2005) requires shop owners to keep tobacco sales out of sight. There are fines of up to $10 000 for violation of the Tobacco Control Act which bans smoking in all public areas, indoor and outdoor, including clubs for veterans.[9]
  • Alberta has had a public smoking ban since 1 January 2008.[12] The City of Calgary has legislated that bars and restaurants must be smoke free (since 2007); in the city of Edmonton there has been a smoking ban since 2005.[13]
  • British Columbia's smoking ban, updated in March 2008, bans smoking in all public spaces such as restaurants, pubs and private clubs, offices, malls, conference centres, sports arenas, community halls, government buildings and schools, and withing a 3 meter radius of doors, open windows and air intakes. [14] Additionally, all commercial displays of tobacco that visible to members in public areas under the age of 19 was banned under the same legislation.

By territory (east to west):

  • Nunavut has banned smoking in public spaces since 1 May 2004, including bars.[15]
  • The Northwest Territories banned smoking as of 1 May 2004, in all public places and workplaces, including restaurants, bars, bingo and bowling facilities, and casinos.[16]
  • The Yukon implemented a smoking ban on 15 May 2008. It was the last of the provinces and territories to implement a ban.

Chile bans smoking in schools, hospitals, government offices, shopping centres, supermarkets, pharmacies, airports, buses, subway networks and other indoor public places. Smoking in universities indoors is banned, however, smoking is allowed outdoors. Restaurants, with large eateries (over 100 m²) must have fully partitioned nonsmoking sections. Smaller restaurants can choose between being smoke free or being for smokers. The same with cafes and pubs. Clubs, despite their size, are able to choose between being smoke free or being for smokers, however, in practice all clubs are "for smokers".[17]

Guangzhou and Jiangmen has banned smoking in public places, include restaurants, entertainment outlets, schools, supermarkets, and governmental offices on a trial run in 2007. However this is rarely policed. [18]

The Croatian Government decided to ban smoking in early 2008. The ban came into for on 7 November 2008. People are no longer able to smoke freely in public institutions such as hospitals, clinics, schools, nursery's and universities will be punishable with 1000 kunas (140 euro), while the only place in which smoking will remain permitted are psychiatric wards in Croatia’s hospitals. The ban will go further in May 2008 when it will extend to a ban on smoking in bars, restaurants and cafes. It is estimated that 30 percent of Croatia’s adult population smoke.[19][20]

Cuba has banned smoking in most work places, cigarette machines removed and it has been illegal to sell tobacco products close to schools since February 2005.[21]

Currently, there is a law in force that bans smoking in all public places such as institutions, hospitals, bus stops and other public service stops, but not in restaurants, bars and clubs.

As of 15 August 2007, smoking in hospitality facilities, restaurants, bars, clubs, public transport, and all private and public workplaces is banned. Exemptions to the law are bars with a floor space less than 40 m² and offices only used by a single employee. Separate smoking rooms are allowed in hospitality facilities as long as no food or beverage is served there. The law has caused much controversy and is as of November 2007 not fully enforced. The law is set for revision in 2009.[22]

Smoking was banned in indoor public places in England, including workplaces, bars, clubs and restaurants, on 1 July 2007. Some places, such as certain smoking hotel rooms, nursing homes, prisons, submarines, offshore oil rigs, and stages/television sets (if needed for the performance) are excluded. Palaces were also excluded,[23] although members of the House of Commons and the House of Lords agreed to ban all smoking in the Palace of Westminster.[24] The on-the-spot fine for smoking in a workplace is £50 (~€70/~$100), £30 (~€45/~$60) if one pays within 15 days, while a business that allows it can be fined £2,500 (~€3,700/~$5,000). Smoking will be allowed to continue anywhere outdoors.[25] However, a confidential government briefing obtained by The Independent on Sunday newspaper reveals that provisions are in place for extending the ban to outdoor areas.[26]

Smoking has been banned within indoor public areas and workplaces since 4 June, 2005, except in restaurants. Later a ban on smoking in bars, restaurants, coffee shops and nightclubs started on 5 June, 2007 (however still allowed in isolated smoking rooms).

Smoking banned in all enclosed public spaces 1 July 2008.

Smoking has been banned in indoor public areas and workplaces from 1 March 1995, except in specially designated smoking rooms; restaurants were included in 2007. Legislation aimed towards voluntary prevention of secondary smoking was enacted, but it was not successful. Few establishments installed ventilation systems capable of eliminating secondhand smoke. Dividing a restaurant into a smoking and non-smoking section was also an ineffective measure. Thus, smoking has been banned in all indoor public and workplaces, including bars, cafes, clubs and restaurants from 1 June 2007, except in those places which have been permitted a transition period of up to two years. Smoking in bars and trains is still allowed in enclosed smoking booths, where you can't serve or take any food or drink. Many smaller bars have not been able to build such smoking booths and patrons have to smoke outside. The bans are respected by the general population.

France, on 1 February 2007, tightened the existing ban on smoking in public places found in the 1991 Évin law,[27] which contains a variety of measures against alcoholism and tobacco consumption. It is named after Claude Évin, the minister who pushed for it. The law leaves certain important criteria on what is allowed or not with respect to smoking sections to executive-issued regulations, and it is those regulations that were altered in 2007.

Smoking is now banned in all public places (stations, museums, etc.); an exception exists for special smoking rooms fulfilling strict conditions, see below. However, a special exemption was made for cafés and restaurants, clubs, casinos, bars, etc. until 1 January 2008,[28] although the French government has said it will give a day of reflection on New Year's Day.[29] Opinion polls suggest 70% of people support the ban.[30]

Under the new regulations, smoking rooms are allowed, but are subjected to very strict conditions: they may occupy at most 20% of the total floor space of the establishment and their size may not be more than 35 m²; they need to be equipped with separate ventilation which replaces the full volume of air ten times per hour; the air pressure of the smoking room must constantly be lower than the pressure in the contiguous rooms; they must have doors that close automatically; no service can be provided in the smoking rooms; and cleaning and maintenance personnel may enter the room only one hour after it was last used for smoking[citation needed].

Previously, under the former implementation rules of the 1991 Évin law, restaurants, cafés etc. just had to provide smoking and non-smoking sections, which in practice were often not well separated. In larger establishments, smoking and non-smoking sections could be separate rooms, but often they were just areas within the same room.

A legal challenge against the new regulations was filed before the Conseil d'État in 2007, but was rejected.[31]

In August 2007, the states of Baden-Württemberg and Lower Saxony banned smoking in restaurants, bars and clubs. In October 2007 Hesse also passed a law with similar regulations. Most of the other German states followed in January 2008, though many of these bans still allow smoking in separate ventilated rooms.

Smoking is banned on public transport and in federal buildings, including the parliament.

Certain states, Nordrhein-Westphalia being one, were given a reprieve, and the imposition of the ban was extended to 1 July 2008.
However since then, many bars are attempting to make themselves smoking "clubs", whereby the members sign up, and are allowed to smoke. Whether this tactic will succeed long term remains to be seen.

According to a law passed in 2002, smoking is not allowed in all public and private workplaces, all areas related to health care and education and in public transport vehicles. This law, however, provides a loophole where business owners can choose to follow the law. Smoking is therefore virtually allowed everywhere, except for the Athens Metro. Since the legislation is not very efficient a new, stricter law is under consideration. Currently (December 2008) this law is in the final voting-stage in the Greek Parliament. Effective from July 1st 2009, it will ban smoking and consumption of tobacco products by other means, in all working places, transportation stations, in taxis and passenger ships (in trains, buses and airplanes smoking is already prohibited), as well as in all enclosed public places including restaurants, night clubs etc. Small establishments (under 70 m2 area) will have the option to be designated as "smoking areas". In larger establishments, separate enclosed smoking rooms with special air conditioning can be created. Regulations making the above options more specific are pending.

Smoking was banned in all public places in the British Crown dependency of Guernsey, including workplaces, bars, clubs and restaurants, on 2 July 2006, under the "Smoking (Prohibition in Public Places and Workplaces) (Guernsey) Law 2005". Anyone who breaks the law, upon conviction, could be fined up to the maximum of £1000 (~€1500, ~$2000). Smoking is allowed anywhere outside and in whatever company.[32] The neighbouring Channel Island of Alderney agreed in March 2007 to implement the ban, but no date has been set. Smoking in indoor public places remains legal on just one of the Channel Islands, Sark.

Smoking in public places was banned by the Hong Kong Government commencing on 1 January 2007 under The Smoking (Public Health) Ordinance (Cap. 371) which was first enacted in 1982 with several amendments subsequently. The ban was placed in most public places including restaurants, Internet cafés, public lavatories, beaches and public parks. Bars, karaoke parlors, and other adult-only businesses are required to go smoke-free by 2009. Smoking bans in lifts, public transport, cinemas, concert halls, airport terminal were introduced between 1982 and 1997. The ban in shopping centres, department stores, supermarkets, banks, game arcades has been in place since July 1998.

Any person who smokes or carries a lighted tobacco product in a statutory no smoking area commits an offence and is liable on summary conviction to a maximum fine of HK$5,000.

In 2009, smoking is going to be banned in most public places including restaurants, bars, etc.[33]

Smoking and the use of other tobacco products is banned in most public spaces in Iceland. This includes all enclosed spaces in common ownership, all public land intended for use by children, all public transport and all services; including restaurants, bars, clubs and cafés.[34]

A ban on workplace, restaurants, hotels and other public smoking nationwide came into effect from October 2nd 2008. Smoking in open areas like road,park etc. and inside home and car is however allowed. Anybody violating this law will be charged with a fine of Rs 200/-(INR). [35] In 2007, Chandigarh became the first city in India to become 'smoke-free'. However despite some early hopeful signs, Chandigarh's ban is often ignored and enforcement has been found to be difficult with authorities showing indifference. [36]

In Jakarta's restaurants, hotels, schools, office buildings, airports and public transport, smoking is banned. Restaurants who want to allow smoking have to provide a separate smoking space starting 4 February 2006. [37] Like many Asian nations, it remains to be seen whether it can be enforced or not. Building separate facilities for smokers has only taken place in half of establishments by June 2007.[38]

The Republic of Ireland became the first country in the world to institute an outright ban on smoking in workplaces on 29 March, 2004. From that date onwards, under the Public Health (Tobacco) Acts, it has been illegal to smoke in all enclosed workplaces. The ban is strictly enforced. The ban includes bars, restaurants, clubs, offices, public buildings, company cars, trucks, taxis and vans - and within a three metre radius to the entrances of these locations. The maximum on-the-spot fine is €3,000, while a prison sentence can also be given later. The law does not apply to prisons, nursing homes, psychiatric wards and some hotel rooms. Stadia like Croke Park also ban smoking anywhere in the grounds.

Before the total ban, smoking was already outlawed in public buildings, hospitals, schools, restaurant kitchens, and on aircraft and trains. [39]

Premises must display a sign to inform patrons of the ban (in Irish or English), and the contact person for any complaints. A workplace can be fined €3,000 per person found smoking. Smoking rooms are not allowed. Any shelter's surface must have at least 50 per cent uncovered. There is also a Compliance Line set up by the Office of Tobacco Control, that people can call to report people smoking in a workplace or retail outlets selling tobacco to under-18s.

On the 1st July, 2009 [40], the country will ban tobacco advertising and displays at point of sale in retail outlets (advertising is already banned in print, on radio and television and on billboards) and ensure that cigarettes and other tobacco products remain out of sight and under the counter - they are already "behind the counter" products.

The ban has been widely hailed as a success by both the Irish government and public, and following the ban cigarette consumption fell by 7.5% in the first six months.[41] The ban has also had social and cultural impacts upon Ireland, for instance the emergence of "smirting" since the ban.

On 18 July 2008, Irish Fine Gael MEP Avril Doyle proposed in a committee in the European Parliament, that she would like to see an EU-wide ban on cigarettes and cigars by 2025. [42]

The Isle of Man was the last part of the British Isles to introduce a smoking ban, save for the Crown dependency of Sark where it remains legal, with a similar ban to the one introduced in England. The ban came into effect on 30 March 2008.

The smoking ban also saw Europe's first smoke-free prison. [43]

In Israel it is forbidden to smoke in public closed places since 1983[44]. The law was amended in 2007 so that owners are held accountable for smoking in premises under their responsibility. The ban includes pubs and bars, and it is illegal for owners of such places to put ashtrays anywhere inside closed spaces. Also, owners of public places must put "no smoking" signs and prevent visitors from smoking. They can also designate a well ventilated and completely separate area for smokers, as long as the non smokers area does not fall below 75% of the whole area. The fine for owners of public places is 10,000 (around US$2,800) and for smokers - ₪ 5000.

Italy was the fourth country in the world to enact a nationwide smoking ban. Since January 10th, 2005 it is forbidden to smoke in all public indoor spaces, including bars, cafès, restaurants and discos. However, special smoking rooms are allowed. In such areas food can be served, but they are subjected to strict conditions: they need to be separately ventilated, with high air replacement rates; their air pressure must constantly be lower than the pressure in the surrounding rooms; they must be equipped with automatic sliding doors to prevent smoke from spreading to tobacco-free areas. Only 1% of all public establishments have opted for setting up a smoking room.

Perhaps unexpectedly, the ban turned out to be highly popular and it is strictly enforced and respected by the general population.[citation needed]

On the other hand, some clever restaurants and bars found a loophole. It is indeed allowed to smoke outdoors, which means that since Italy has sunshine more than half of the year, people can still smoke at restaurants and bars as long as they sit on the comfortable outside tables. And in winter, the establishment simply covers the outside tables with plastic sheeting, making them like a verandah, so that although they are technically indoors, they are legally still outdoors, and people can still smoke there, as in a separate smoking area.[citation needed]

Although there are no consistent nationwide smoking bans in Japan and all moves to introduce such laws are strongly opposed by the powerful lobby groups, there are a growing number of local ordinances banning smoking. Smoking is forbidden on the streets of the Chiyoda, Shinagawa, Shinjuku and Nakano wards of Tokyo[45] for reasons of child safety (not health). Smoking is banned on most public transport and on many train station platforms. Kanagawa prefecture has announced plans for the first public smoking ban[46]. Although still relatively few, there is a growing number of private businesses implementing smoking bans in restaurants, taxis, buildings and bars[47][48].

Smoking is restricted in public places in Jersey (a British Crown dependency).

The Restriction on Smoking (Jersey) Law 1973[49] enabled the States of Jersey to pass regulations prohibiting or restricting smoking in places of entertainment and public transport. In pursuance of this law, smoking was banned on public transport by the Smoking (Public Transport) (Jersey) Regulations 1982[50].

The Restriction on Smoking (Jersey) Law 1973 was amended by the Restriction on Smoking (Amendment No. 2) (Jersey) Law 2006[51] adopted 16 May 2006 which enabled the States to make regulations to prohibit or restrict smoking tobacco or a substance (or a mixture of substances) other than tobacco, or the use of tobacco, in a workplace or other defined places.

Kazakhstan outlawed smoking in public places on 1 April 2003. [52]

Smoking in public indoor areas is banned in Nairobi, Kenya since July 2007.[53] Small private bars will be exempted. Mombasa already has a similar preexisting ban on smoking.

Smoking has been banned in restaurants, bars, places where food is served, clubs (except for special cigar and pipe clubs), and nightclubs since 1 January 2007. Furthermore, smoking on public transportation is forbidden except on long-distance trains with special facilities.

Smoking is banned in all indoor public places, like hospitals, shopping centres, schools and restaurants. However, cafés and bars that only serve snacks are exempt from the law. There is a smoking prohibition from 12 noon to 2pm and 7pm to 9pm in cafés in which meals are served.

By official law, smoking is prohibited in taxi-brousses, but it is not enforced. The only places where they banned smoking is at Antananarivo International Airport and on Air Madagascar flights.

In April 2004, smoking was banned in all enclosed public spaces, including public transportation, clubs and restaurants although smoking areas are allowed.

In all, 19 areas are banned, including hospitals/clinics, public lifts and toilets, air-conditioned restaurants, public transport, government premises, educational institutions, petrol stations, Internet cafes and shopping complexes. However, enforcement is an issue, and the government plans to get tougher on offenders.[54]

[55]

Smoking in hospitals and airports has been banned for at least 15 years. Smoking is allowed in designated areas at the Cancun Airport. Mexico City's current smoking policy, passed in April 2004, requires physically separate smoking and non-smoking areas, and for non-smoking areas to make up at least 30% of all space in restaurants and bars. [56] A proposal debated early in 2007 to extend Mexico City's smoking policy into a complete ban for all restaurants, bars, schools, taxis, and buses, did not pass. [57]. It was propossed again in middle-2007. Since April 2008 the law applies in Mexico City. It's expected to be expanded to all the country in 2008-2009. Advertisement of tobacco products has been banned from T.V. and radio for about 5 years.

There is a ban on smoking in Monaco since 1 November 2008, but does not extend to bars, restaurants and nightclubs.

Smoking in public places is banned in Montenegro. The ban also forbids smoking advertising and the display of people smoking on television. [58]

Since 2007, smoking has been banned in indoor public places including public transport, government buildings, schools, hospitals, libraries, cinemas, theatres, restaurants and bars, with the exception of specially designated smoking rooms.[59][60]

Since 1 July 2008, smoking has been banned in restaurants, cafés, bars, festival tents and nightclubs.[61][62] Smoking is allowed only in separate, enclosed, designated smoking spaces which are not serviced by employees. Staff may only be required to enter such smoking rooms in emergency situations.[63]

These rules apply only to the smoking of tobacco. In coffee shops (cafés that sell cannabis), they therefore apply to the smoking of cigarettes which contain a blend of tobacco and cannabis, but not to cigarettes containing only cannabis.

Other workplaces, public buildings and public transport have been smoke-free since 1 January 2004. Since 1 January 2008, smoking has been completely banned at Amsterdam's Schiphol Airport, including its cafes and restaurants. [64]

Smoking is no longer permitted in shopping malls, tobacco shops, gaming establishments and convention centres since 1 July 2008.

The law is enforced by the Food and Consumer Product Safety Authority (Voedsel en Waren Autoriteit, VWA). Fines for violating the smoking ban range from €300 to €16,000. Any establishment which persistently flouts the ban faces the loss of its business license.

In December 2008, a demonstration was held in The Hague to highlight the financial difficulties the ban has caused for the owners of small bars, often run by just one person. Some politicians are now following developments in Saarland (Germany) where an exemption to the general smoking ban has been made for small bars. Government nevertheless decided to keep te current total smoking ban unchanged [65]

The first building in the world to have a smoke-free policy was the Old Government Building in Wellington, New Zealand in 1876. This was over concerns about the threat of fire, as it is the second largest wooden building in the world [66].

New Zealand passed an amendment to the Smoke-free Environments Act 1990 law on 3 December 2003 (effective in 2004) which covers all indoor public workplaces and inside hospitality venues (pubs, bars, restaurants and casinos). Studies have shown very high levels of compliance with the law. Also the air quality inside hospitality venues is very good compared to similar settings in other countries where smoking is still permitted. In New Zealand, tobacco cannot be sold to anyone under 18.[67]

Outdoor smoke-free laws cover the grounds of all schools, the grounds of some hospitals, stadiums and one university campus (Massey University). The government has not moved to restrict smoking in cars but has run mass media campaigns that promote smoke-free cars and homes.

There are also increasing numbers of local councils implementing educative smokefree policies. South Taranaki District Council was the first. In May 2005 the Council made its playgrounds, parks and swimming pools smokefree, as well as ensuring that all Council events held in South Taranaki parks were to be promoted as smoke-free events. At least 20 of New Zealand's other Councils have followed suit. (Source: www.smokefreecouncils.org.nz).

On 5 September 2007, Action on Smoking and Health (ASH) New Zealand called for the removal of tobacco from sale by 2017.[68]

A decree banning smoking in public places in Niger was issued in September 2008. Fines range from 5,000 to 1 million CFA francs, whilst there is also the possibility of a prison term.[69]

Smoking is prohibited in public places in Nigeria and is punishable by a fine of not less than N200 and not exceeding N1000 or to imprisonment to a term of not less than one month and not exceeding two years or to both such fine and imprisonment.[70][71]

In Northern Ireland, a smoking ban has been in effect since 30 April 2007. It is illegal to smoke in all enclosed workplaces. This includes bars, restaurants, offices (even if the smoker is the only person in the office) and public buildings. Like Scotland, the smoking ban is more comprehensive in that places, such as phone boxes and enclosed bus/train shelters are included. The on-the-spot fine for smoking in a workplace is £50 (~€70/~$100), while a business that allows it can be fined £2,500 (~€3,700/~$5,000).

A £200 fine may be levied by local councils if businesses fail to show signs. An opinion poll showed that 91% of people supported the ban.[72][73]

In Norway, smoking has been banned in public buildings and in private buildings that are open to the public (like restaurants, bars, cafes) since 1 June 2004.

The Prohibition of Smoking and Protection of Non-Smokers Health Ordinance-2002 came into effect on June 30, 2003. The law had the following aspects: Ban on tobacco use in public buildings and transportation, Limiting tobacco advertising, banning tobacco sale within 50 meters from educational institutions, and requiring “no smoking” signs displayed in public places.

However, implementation of the ordinance does not appear strong.

In Peru, it is nominally illegal to smoke in any public place (indoors), according to Law 25357. The ban is normally not enforced.

Davao has banned smoking in a large number of public places, including public buildings, entertainment venues, hospitals, shopping malls, concerts since 2002. Smoking at gasoline stations outdoors in banned.[74]

Manila has banned smoking in large public areas like hospitals, malls, public transport, as well as Makati in 2002 Ordinance 2002-090, banning all public transport and enclosed indoor smoking.[75]

However, the rule for the banning of indoor smoking is not followed for a vast majority of bars and pubs in Makati and other places in Metro Manila, examples of which are Embassy bar in Taguig, bars in Tomas Morato, and the Alchemy bar in Pasig City, among others.

On May 3, 2007, the Portuguese parliament made a law banning smoking in all public places, except marked enclosed rooms. It went into effect January 1, 2008. Smokers who break the law face a fine of up to €1000 (~US$1300) and establishments that break the law will face a fine of up to €2500 (~US$3400). The legal age to purchase tobacco is 18.[76]

The Law Num. 40 from 1993, the Law to Regulate the Smoking Practice in Public Places, and its later 1996 amendment Law 133, regulate smoking in private and public places. The most recent modification established in [March 2, 2007], Law 66, amended articles 2, 3, 4, 5, 6, 9 and 11 of Law Num. 40, forbids this practice inside jails, pubs, restaurants (including open-air terraces with one or more employees), bars, casinos, workplaces, educational institutions, cars with children under age 13 and most public places. Smoking sections are not allowed. Fines start at $250.

Russia does not yet have a smoking ban in force, however there is some proposed legislation in the Duma. The legislation, passed by the State Duma 406-0, bans smoking in workplaces, on aircraft, trains and municipal transport as well as in schools, hospitals and government buildings. It requires specially designated smoking areas to be set up and also requires restaurants and cafes to set up no-smoking areas. Russia's no smoking bill must go through two more readings in the Duma before being sent to the Federation Council for approval and to President Dmitry Medvedev for his signature.[77]

On 26 March 2006, Scotland prohibited smoking in enclosed (more than 50% covered) public places, which includes public buildings, workplaces, sports stadiums, bars and restaurants. Exemptions are in place to allow hotel guests to smoke in their own rooms, as long as the hotel has designated them as smoking rooms. The law also bans smoking in bus shelters, phone boxes or other shelters that are more than 50% enclosed. It also prohibits smoking in trucks and vans which are owned by a company whether or not the driver is the only person inside. Businesses covered by the smoking ban must display a statutory smoking sign at the entrance to, and around the building [78] as well as a Smoke-Free policy. Opinion Polls at its introduction showed a clear majority of the Scottish public were in favour of the ban[79]

As in New Zealand, the ban was initially criticised by certain interested groups (e.g. publicans, cafe and bingo hall owners etc.) who feared that it would adversely impact their businesses. A survey published by the Scottish Beer & Pubs Association one year on from the ban concluded that "the number of pub licensed premises in Scotland has remained more or less constant over the last year"[80] indicating fears of an adverse impact of the ban on the hospitality industry were unfounded. Widespread concerns prior to the ban about its impact on Bingo Halls[81] prove harder to objectively assess: As at May 2008 there is anecdotal evidence[82] to suggest an increase in closures of Bingo Halls since implementation of the ban. However no statistical analysis has been conducted and speculation within the betting and gaming industry is that a decline could also be the result of demographic changes and increases in online gaming[83].

The NHS Scotland Quit Smoking Line reported it received an additional 50,000 calls from people wishing to give up in the six months after the ban was introduced.[84]. In September 2007 a study of nine Scottish hospitals over the 12 months following the ban reported positively on its impact on the country's health, including a 17% drop in admissions for heart attacks, compared with average reductions of 3% per year for the previous decade [85].

A sign in Singapore to indicate that smoking is allowed

Smoking was banned in hawker centres, coffee-shops, cafes and fast-food outlets beginning 1 July 2006. For establishments with an outdoor area, 10-20% of the area can be set aside for smoking, although they would have to be clearly marked to avoid confusion. Gradually, the ban has been extended to bus interchanges and shelters, public toilets and public swimming complexes.[86]

On 1 July 2007, the ban was extended to entertainment nightspots. The rule allows for the construction of designated smoking rooms which can take up to 10% of the total indoor space.

From 1 January 2009, the ban will be extended to all children's playgrounds, exercise areas, markets, underground and multi-storey carparks, ferry terminals and jetties. It will also be extended to non-air conditioned areas in offices, factories, shops, shopping complexes and lift lobbies.[87]

Smokers found flouting the rules are fined S$200 while the owners of the establishments are fined S$200 and S$500 for a subsequent offence.

In Serbia, smoking is prohibited in some enclosed public spaces such as hospitals since 2005 but the ban does not cover restaurants, bars, internet cafes, etc.

On 22 June 2007, the Slovenian National Assembly approved a law prohibiting smoking in all indoor public and work places, effective 5 August 2007. Exempted from the ban are "open public areas, special smoking hotel rooms, special smoking areas in elderly care centres and jails, and special smoking chambers in bars and other work places. The smoking chambers, which will have to meet strict technical standards, will however not be allowed to occupy more than 20% of an establishment."[88] The law also raised the minimum age to purchase tobacco products from 15 to 18 and mandated that tobacco labels carry the telephone number of a quit-smoking hotline.

The South African Government passed the first Tobacco Products Control Act in 1993 and started implementing the act in 1995. The act regulated smoking in public areas and prohibited tobacco sales to people under the age of 16. Some aspects of tobacco advertising was also regulated for example labelling. "[89] The 1993 act was not considered to be comprehensive enough and the Tobacco Products Control Amendment Act was passed in 1999. This act bans all advertising and promotion of tobacco products, including sponsorship and free distribution of tobacco products. The act also restricts smoking in public places which includes the workplace, restaurants and bars and public transport. The act also stipulates penalties for transgressors of the law, and specifies the maximum permissible levels of tar and nicotine. The regulations were implemented in 2001. "[90]

The government proposed further amendments to the bill in 2007 which will seek to deal with new practices designed to circumvent the provisions of the Act. These amendments will also aim to bring the current law into compliance with the World Health Organization Framework Convention on Tobacco Control (FCTC). This framework has been ratified by the South African government. "[91]

The South African government is currently looking at increasing the minimum legal age for smokers to 18. "[92]

From 1 January 2006, the law bans smoking in offices, shops, schools, hospitals, cultural centres and on public transport, including stations and airports. The law also states that restaurants and bars over 100 m² can designate a smoking area, but it has to be physically separated and may occupy at most 30% of the total floor space of the establishment. Establishments smaller than 100 sq.m. may choose whether to allow or prohibit smoking (most have allowed it). Additionally, the law prohibits the sale of tobacco products to persons under 18 years of age and limits the places in which tobacco can be sold.[93]

Months later, the community of Madrid made a decree which states that restaurants over 100 m² are not required to make complete physical separation of the smoking and non-smoking areas. Three other autonomous communities made similar decrees watering down the law, so that smoking areas are only required to be separated with ventilation systems.[94] See Spanish Antismoking Law. Template:Es icon

Since Spain is a somewhat decentralised country, a few autonomous communities, such as Madrid, Valencia, La Rioja, and Balearic Islands, have started an official but undeclared boycott of the Law, approved in the Spanish Parliament by unanimity. These communities are also using the courts to even make the law lighter, something impossible as the smoking ban law is a Spanish Basic Law that can't be modified by local or autonomous governments.

In Sweden, smoking was banned in restaurants, cafes, bars and nightclubs in June 2005. Smoking rooms are, however, allowed in these institutions. The smoking rooms contains a few restrictions; no serving or consumption of food or beverages are allowed in the smoking rooms and it may not cover more than 25% of the institution's total area. The ban was very popular amongst the population and even the industries affected.[95] In January 2008, The Swedish Prison and Probation Service banned smoking indoors in prisons.[96] Smoking is still allowed in hotel rooms and at airports which have designated smoking areas, including most major airports.

Smoking is prohibited in the following places:[101]

  • schools under the level of senior high school and other places in which the main purpose is to provide education or a venue for activities to children and teenagers
  • the indoor places of colleges or universities, libraries, museums, art galleries, and other institutions for cultural or social education
  • the places of medical treatment centers, nursing institutions, other medical institutions, and social welfare organizations, with the exception of the indoor smoking rooms of welfare organizations for the elderly with independent ventilation systems and that are completely separated from the non-smoking areas (rooms), or the outdoor places of said social welfare organizations for the elderly
  • the indoor places of governmental agencies and state-owned enterprises
  • mass transportation vehicles, taxicabs, tour buses, the MRT system, stations, and traveler waiting areas
  • places where flammable or explosive articles are manufactured, stored, or sold
  • business places of financial institutions, post offices, and telecommunication enterprises
  • places providing indoor physical training, sports, or body fitness
  • inside classrooms, reading rooms, laboratories, performance halls and auditoriums, exhibition halls, conference halls (rooms) and elevators
  • the indoor places of opera houses, movie theaters, audiovisual singing businesses, information leisure businesses, and other public leisure entertainment places
  • the indoor places of hotels, shopping malls, dining and drinking establishments, and other places for public consumption, except for those places with indoor smoking rooms that have independent ventilation systems and that are completely separated from the non-smoking areas (rooms), semi-open-air restaurants and places that provide drinks, cigar bars, and pubs and audiovisual singing businesses that open business after nine o’clock in the evening and are restricted to those 18 years of age or older
  • indoor workplaces shared by more than three persons
  • other indoor places for public use and places or transportation vehicles designated by the competent authorities at each level.

Conspicuous non-smoking signs shall be placed at all entrances of the places prescribed in the preceding paragraph. No smoking paraphernalia shall be supplied or displayed therein.

Guidelines for related measures of space, equipment and establishment of the indoor smoking rooms prescribed in the preceding Subparagraph 3 of Paragraph 1 and the provision of the preceding Subparagraph 11 of Paragraph 1 shall be enacted by the central competent authority in charge.

As per the authorization of the Tobacco Hazards Prevention Act (“the Act” hereafter) promulgated on July 11, 2007, the guidelines for related measures of space, equipment and establishment of the indoor smoking rooms (“the room” hereafter) prescribed in the Act’s Subparagraph 3 of Paragraph 1 in Article 15 and the provision of the Act’s Subparagraph 11 of Paragraph 1 in Article 15 were enacted by Department of Health, Executive Yuan, and are summarized as follows[102]:

  • The area shall be above 6 m2 and below 35 m2. It may occupy at most 20% of the total floor space of the establishment.
  • No services other than smoking, cleaning or maintenance shall be provided.
  • The room shall be fully separated with physical barriers from other areas of the building.
  • The entrance shall be sliding door type with automatic closing mechanism. It shall remain closed except when people enter or leave the room.
  • The requirements of the independent air-conditioning and ventilation systems of the room are as follows:
    • equipped with fresh air and exhaust ductwork directly connecting to outdoor area and independent to any other indoor spaces, air-conditioning or ventilation systems;
    • negative pressure of 8 Pa;
    • ventilation rate of 30 m3/hour per m2 of floor area of the room and replaces the full volume of air 10 times per hour;
    • distance between the exhaust vent of the room and the entrance of the building or any other buildings or nonsmoking areas shall be above 5 m.
  • The room shall not be in operation 1 hour before and after the cleaning or maintenance work and the independent air-conditioning and ventilation system shall remain on during this period.

Indoor smoking ban effective in all indoor air conditioned establishments throughout Thailand since November 2002, with entertainment areas exempted. Cigarettes have graphic pictures since 2005, and advertising is banned. Enforcement and compliance have been strong.

On 10 January 2008, Thailand announced that smoking would be banned in restaurants, bars, and open-air markets effective 10 February 2008. In addition to fines, those who fail to comply may be arrested. Many bars ignore the ban.

Smoking was first banned in 1997 in public buildings with more than four workers, as well as planes and public buses. [103]

On 3 January 2008, Turkey passed a law banning smoking in all indoor spaces including bars, cafés and restaurants. It also bans smoking in sports stadia, and the gardens of mosques and hospitals. The smoking ban came into force on May 19 2008, however bars, restauntants and cafes are exempted until July 2009 [104]

In March 2004, smoking was banned in public places, including workplaces, and restaurant & bars. An extension to private homes is being considered.

States in the United Arab Emirates recently started banning smoking in shopping malls and public places. States leading the ban on smoking include Abu Dhabi [105] , Ajman [106] , Dubai [107] and Sharjah [108].

Smoking bans were introduced in each country of the United Kingdom separately as decided by the devolved administrations in Scotland, Wales and Northern Ireland, and the UK Parliament acting for England. Since 1 July 2007 smoking bans have been in effect across the whole of the UK. For details, see (in chronological order of bans): Scotland, Wales, Northern Ireland and England.

As United Nations buildings are not the subject of any national jurisdiction, the United Nations has its own smoking and non-smoking policies. Following the gradual introduction of partial smoking bans between 1985 and 2003, Secretary-General Kofi Annan introduced in 2003 a total ban on smoking at United Nations Headquarters.[109] Similar bans have not been introduced in field offices of the United Nations worldwide.

Some specialized agencies of the United Nations, such as the United Nations Children's Fund and the World Health Organization have their own strict smoking bans which apply to their offices worldwide, but the same is not necessarily true for entities of the Secretariat, such as the Department of Peacekeeping Operations and the Office for the Coordination of Humanitarian Affairs (OCHA). Only on 13 December 2007, OCHA introduced a smoking ban applicable to all its field offices.

For more information visit http://www.nosmokinglaw.co.uk

In the United States, the question of smoking is determined at the state or municipal level, not by the federal government; therefore, smoking policies are instituted at the state or local level. Over 50% of Americans are covered by a ban ordinance of some degree.[110] Coverage varies from total smoking bans (even outdoors), to no ban at all.

The West Coast and its cities tend to have the earliest and most prohibitive bans. One notable exception is Portland, Oregon. Portland (and all of surrounding Multnomah County) still allows smoking in bars and truck stops.[111] Oregon's state-wide smoking ban will not go into effect until January 2009.[112] Other Oregon cities, such as Eugene have already passed smoking bans.[113]

In March 2006, it became illegal in Uruguay to smoke in enclosed public spaces. Now bars, restaurants or offices where people are caught smoking face fines of more than $1,100 or a three-day closure. This makes Uruguay the first country in South America to ban smoking in enclosed public spaces.[114]

Anti-smoking groups estimate that as many as a third of Uruguay's 3.4 million people smoke. President Tabaré Vázquez, a practicing oncologist, has cited reports suggesting about seven people die each day in Uruguay (an estimated 5,000 people a year) from smoking-related causes including lung cancer, emphysema and other illnesses.[115]

On July 1, 2002 a law signed by Pope John Paul II became effective which banned smoking on all places accessible to the public and in all closed places of work within the Vatican City and within all extraterritorial properties of the Holy See. Smoking bans in museums, libraries and churches on Vatican territory were already in force before that date for a long time.[116]

The Vietnamese government has banned smoking and cigarette sales in offices, production facilities, schools, hospitals, and on public transport nationwide [117] Smoking was banned in enclosed indoor spaces and public facilities in Ho Chi Minh City in 2005 with the exception of entertainment areas.

A ban has also been imposed on all forms of advertisement, trade promotion, and sponsorship by tobacco companies, as well as cigarette sales through vending machines, or over the telephone and on the Internet.

Smoking was banned across all enclosed public premises and work premises in Wales on 2 April 2007. Adherence is widespread and public houses report increases in takings since the ban came into place.[118] However, six months after the ban's implementation, the Licensed Victuallers Association (LVA), which represents pub operators across Wales, claims that pubs have lost up to 20% of their trade. The LVA says some businesses are on the brink of closure, others have already closed down, and there is little optimism that trade will eventually return to pre-ban levels.[119]

Public places must display a special bilingual no smoking sign:

  • "Mae ysmygu yn y fangre hon yn erbyn y gyfraith" (Welsh)
  • "It is against the law to smoke in these premises" (English)

Smoking is prohibited in public places in Zambia and is punishable by a fine of K400,000 or imprisonment of up to two years. [120] [121]

Outdoor smoking bans

  • It is illegal to smoke on a bus or in a bus shelter in Ireland it is also the first country in the world to impose a ban on smoking outdoor within 3-meters of a public building.
  • In the Australian state of Queensland, smoking is prohibited within four metres of entrances to public buildings, within 10 metres of children's playground equipment, in commercial outdoor eating or drinking areas, at patrolled beaches, and at all major sports stadiums.[122]
    • Some beaches in Sydney, Australia have smoking bans in place.
    • Smoking indoors or outdoors on land owned by the NSW Department of Education is banned
    • From 1 March 2006, in Victoria, Australia smoking is banned from all covered train platforms, bus and tram stops.[123]
  • Cambridge Memorial Hospital in Cambridge, Ontario, Canada enacted a total (outdoor) smoking ban, believed to be the first in the entire province if not country, as of October 2004. At the same time, Wilfrid Laurier University in the nearby City of Waterloo, Ontario proposed a similar total smoking ban on its property, after its 10 metre outdoor proximity ban (enacted in 2002) failed. WLU was presumed to be the third Canadian (public) post-secondary institution to consider such measures, after Carleton and Acadia.
  • Calabasas, California, United States banned smoking in almost all indoor and outdoor public places in 2006. Believed to be the strictest ban in the United States. At least 13 California cities (including Los Angeles) have banned smoking on their beaches, at least 4 other California cities (including San Francisco) ban smoking in parks or outdoor venues. For more info see List of smoking bans in the United States#Outdoor smoking bans.
    • Belmont, California banned smoking in outdoor places on September 25, 2007. This ban also applies inside condos, apartments and other kinds of multi-unit housing.[124][125]
    • California has banned smoking within 20 feet (6.1 m) of entrances to any public building.
  • Selected wards in Tokyo, Japan prohibit smoking on the streets. This ban is enforced and violators are fined. In response, free smoking cafes have been provided by Japan Tobacco.
  • Many English NHS PCTs ban smoking on it premises both inside and outside hospitals, even places such as the car park and bus stations.
  • Smoking is banned on all railway platforms in England, regardless of whether they are covered or not. [126]
  • It is illegal to smoke on the outdoor property of the institutions of public education in Slovenia, penalties are dictated by internal orders of the concerned institutions.
  • It is illegal to smoke in some bus shelters (complex rules determine which leading to them being largely ignored) and phone boxes in Scotland.

Other bans

Other restrictions

In some countries, such as Germany and Russia, bans enacted earlier allow for smoking sections in restaurants, as well as possible special rooms for use by smokers in other workplaces (though many employers prefer not to incur the costs of building and maintaining such rooms).

Proposed bans

In 2008, the Irish (Ireland) Government will impose a ban on tobacco advertising in shops (advertising is already banned in print, on radio and television and on billboards) and ensure that cigarettes and other tobacco products remain out of sight in shops - they are already "behind the counter" products.

In the Czech Republic, there is a bill to prohibit smoking in all public areas and in all enclosed areas in pubs, restaurants, bars and others that do not have a separate room designated for smoking that has permanent ventilation and does not have an effect on smoke-free sections. There have recently been several bills proposing similar smoking restrictions, but these have never been enacted by the Chamber of Deputies.[128]

New Caledonia is likely to introduce restrictions on smoking in public places following a recent 25-nation global air-quality monitoring initiative.[129]

The Canadian province of Ontario has introduced legislation to ban smoking in vehicles carrying passengers below the age of 16.[4][5]

The government of Kanagawa Prefecture in Japan has compiled a basic plan for an ordinance to ban smoking in hotels, restaurants and other public places to be submitted to legislature in March 2009. It would be the first such local ordinance in Japan.

In Bulgaria the Ministry of Health is considering a ban on tobacco smoking in all public places by the summer of 2010. Bulgaria has an engagement to restrict tobacco smoking by 2011 with the World Health Organization. [130]

Lack of smoking bans

Some countries have no legislation against smoking whatsoever. These countries include Cameroon, Central African Republic, Chad, and many other countries in Central and Western Africa, where people can smoke wherever they want.

See also

References

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  127. ^ Please Refer To Anzfa'S Guide To Applications And Proposals For A More Detailed Explanation Of The Process On How To Undertake
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