Article 2 These Regulations shall apply to smoking control activities within the administrative area of this Municipality.
If smoking may endanger public safety, it shall be handled in accordance with relevant laws and regulations.
Article 3 Smoking control in this Municipality adheres to the principle of combining government with society, combining management with self-discipline, and implementing the principles of government management, unit responsibility, individual law-abiding and social supervision.
Article 4 The municipal and district people's governments shall strengthen their leadership over smoking control, incorporate smoking control into the national economic and social development plan, ensure the financial input for smoking control, and promote the construction of the smoking control system.
Article 5 Under the leadership of the people's government at the corresponding level, patriotic health campaign committee at all levels in this Municipality is responsible for organizing, coordinating and guiding the smoking control work of the relevant administrative departments, organizing social organizations and individuals to carry out social supervision, carrying out publicity, education and training on smoking control work, monitoring and evaluating the smoking control work of the units and regularly announcing it to the public, and commending and rewarding the units and individuals that have made outstanding contributions in the smoking control work.
Article 6 The municipal and district health departments are the departments in charge of smoking control, responsible for organizing the formulation of smoking control policies and measures, implementing health supervision and management of smoking control, accepting reports and complaints about illegal smoking, investigating and handling illegal acts according to law, and regularly announcing the investigation to the public.
Education, culture and tourism, sports, transportation, market supervision and management, public security, landscaping, urban management, tobacco monopoly and other relevant departments shall, according to their respective functions and duties, supervise and manage the smoking control in their own industries or fields, formulate management systems, carry out publicity and training, and organize supervision and inspection.
Seventh Township People's governments and sub-district offices shall, in accordance with the principle of territorial management, do a good job in smoking control within their respective jurisdictions.
Eighth the city will control smoking into the city's mass spiritual civilization creation activities.
Radio, television, newspapers, internet and other news media should carry out public welfare propaganda to control smoking and strengthen supervision by public opinion.
Article 9 Smoking is prohibited in public places, indoor areas of workplaces and public transport.
Article 10 Smoking is prohibited in outdoor areas of the following public places and workplaces:
(a) kindergartens, primary and secondary schools, children's palaces, children's welfare institutions and other places where minors are the main activity groups;
(two) cultural relics protection units open to the society;
(three) the competition area and seating area of the stadium;
(4) Maternal and child health care institutions and children's hospitals.
The Municipal People's Government may, according to the needs of holding large-scale activities, temporarily designate outdoor areas where smoking is prohibited.
Eleventh in addition to the provisions of article tenth of this Ordinance, other public places and workplaces can be designated as smoking areas.
The delineation of smoking areas shall comply with the following provisions:
(a) set up obvious signs and warning signs that smoking is harmful to health;
(two) far away from crowded areas, pedestrians must pass through the main channel;
(3) meeting the requirements of fire control safety.
Twelfth state organs, enterprises, institutions, social organizations and other social organizations should incorporate smoking control into the daily management of their own units, delimit no-smoking areas according to law, and stop illegal smoking and uncivilized smoking; Its legal representative or principal responsible person is responsible for the smoking control work of the unit.
Encourage state organs, enterprises and institutions, social organizations and other social organizations to implement a comprehensive ban on smoking on their own.
Thirteenth operators and managers of smoking places have the following responsibilities:
(a) the establishment of a smoking ban management system, do a good job in publicity and education;
(two) set up a clear no-smoking sign and a telephone number sign to report complaints in a no-smoking place;
(3) Smoking utensils and articles with tobacco advertisements shall not be provided in places where smoking is prohibited;
(four) to carry out smoking ban inspection, and make and keep relevant records;
(five) to discourage people who smoke in places where smoking is prohibited, and not to listen to the dissuasion and ask them to leave; For those who do not listen to dissuasion and do not leave, complain to the health department.
Operators and managers of no-smoking places can use smoke alarm, concentration monitoring, video image acquisition and other technical means to monitor smoking behavior and strengthen the management of no-smoking places.
Fourteenth individuals shall abide by the provisions of laws and regulations, and shall not smoke in places where smoking is prohibited or in queues; Smoking in non-smoking places should reasonably avoid non-smokers and don't throw cigarette butts.
Fifteenth individuals who find smoking in no smoking places can exercise the following rights:
(a) discourage smokers from smoking;
(two) require the operators and managers of the place to discourage smokers from smoking;
(3) Complain and report to the health department.
Article 16 The municipal health department shall announce the telephone number for reporting complaints about illegal smoking; The municipal or district health department shall promptly handle complaints and reports of illegal acts, and establish a register of complaints, reports and handling.
Article 17 This Municipality advocates reducing smoking and quitting smoking. The municipal and district health departments shall organize and carry out smoking behavior intervention, set up consultation hotlines, carry out tobacco control consultation services, and guide medical and health institutions to carry out smoking cessation services.
Article 18 The whole society should support the control of smoking.
Encourage and support volunteer organizations, other social organizations and individuals to carry out tobacco control publicity and education, discourage illegal smoking, supervise operators and managers in places to carry out tobacco control work, and provide smoking cessation services.
Article 19 Schools should take measures to prevent students from smoking, publicize and educate students that smoking is harmful to their health, and help smokers quit smoking.
Teachers are not allowed to smoke in front of primary and secondary school students.
Article 20 A seller of tobacco products shall set up obvious signs in a prominent position in the sales place that smoking is harmful to health and that tobacco products shall not be sold to minors.
It is forbidden for sellers of tobacco products to engage in the following acts:
(1) selling tobacco products to minors;
(two) set up sales outlets in kindergartens, primary and secondary schools, children's palaces and their surrounding areas 100 meters;
(three) illegal sales of tobacco products through vending machines or mobile communication, Internet and other information networks.
Article 21 It is forbidden to engage in the following acts:
(a) the use of radio, film, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communications, the Internet and other mass media to publish or publish tobacco advertisements in disguise;
(2) Setting up tobacco advertisements in public places and public transport;
(3) Setting up outdoor tobacco advertisements;
(four) various forms of tobacco promotion and title sponsorship activities.
Twenty-second municipal and district health departments shall carry out health supervision and management of smoking control according to law, and have the right to enter relevant places, investigate and verify with relevant units and individuals, and have the right to view evidence materials such as monitoring, monitoring and public security image information of relevant places. The relevant units and individuals shall provide assistance and truthfully report the situation.
Twenty-third operators and managers of places who violate the provisions of the second paragraph of Article 11 of these regulations shall be punished in accordance with the following provisions:
(a) in violation of the provisions of the second paragraph of article eleventh, the municipal or district health department shall order it to make corrections within a time limit.
(two) in violation of the provisions of the eleventh paragraph second, third, investigated and dealt with by the fire rescue agencies according to law.
Twenty-fourth operators and managers in violation of the provisions of the thirteenth paragraph of this Ordinance, shall be punished in accordance with the following provisions:
(a) in violation of the provisions of the first to fourth paragraphs of article thirteenth, the municipal or district health department shall order it to make corrections within a time limit; Refuses to correct, a fine of two thousand yuan and five thousand yuan.
(two) in violation of the provisions of the thirteenth paragraph of this Ordinance, the municipal or district health department shall give a warning and impose a fine of more than five thousand yuan and ten thousand yuan.
Article 25 If an individual, in violation of the provisions of Article 14 of these regulations, smokes in kindergartens, primary and secondary schools, children's palaces, children's welfare institutions and other places where minors are the main activity groups, the municipal or district health department shall order him to make corrections, give him a warning and may impose a fine of more than 200 yuan but less than 500 yuan; Smoking or waiting in line in other places where smoking is prohibited, the municipal or district health department shall order it to make corrections and may impose a fine on 50 yuan. Those who refuse to make corrections shall be fined in 200 yuan.
Individuals who throw cigarette butts in violation of the provisions of Article 14 of these regulations shall be punished by the comprehensive law enforcement department of urban management in accordance with the relevant laws and regulations on urban appearance and environmental management.
Article 26 Where a seller of tobacco products violates the provisions of the first paragraph of Article 20 of these regulations and fails to set up obvious signs that smoking is harmful to health in a prominent position in the sales place, the tobacco monopoly department shall order him to make corrections; Refuses to correct, a fine of five thousand yuan and ten thousand yuan.
The seller of tobacco products violates the provisions of the first paragraph and the second paragraph of Article 20 of these regulations, and under any of the following circumstances, the tobacco monopoly and market supervision and management department shall be punished in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on the Protection of Minors:
(a) there is no obvious sign of selling tobacco products to minors in a prominent position in the sales place;
(2) selling tobacco products to minors;
(three) set up sales outlets in kindergartens, primary and secondary schools, children's palaces and their surrounding areas 100 meters.
The seller of tobacco products who sells tobacco products through vending machines in violation of the third item of the second paragraph of Article 20 of these regulations shall be ordered by the market supervision and management department to make corrections and be fined between 20,000 yuan and 50,000 yuan; Those who illegally sell tobacco products through information networks shall be ordered by the market supervision and management department to make corrections and be fined between 50,000 yuan and 200,000 yuan.
Twenty-seventh in violation of the provisions of article twenty-first of the first to third, by the market supervision and management departments in accordance with the relevant laws and regulations of advertising management will be punished.
In violation of the provisions of the fourth paragraph of article twenty-first, the market supervision and management department shall order it to stop the illegal act and impose a fine of not less than fifty thousand yuan but not more than one hundred thousand yuan.
Twenty-eighth smoking in a no-smoking place does not listen to dissuasion, which constitutes a violation of public security management, such as disturbing social order or preventing relevant departments from performing their duties according to law, and shall be punished by the public security department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-ninth government departments and their staff do not perform their duties of smoking control according to law, or abuse power for personal gain, they shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 30 These Regulations shall come into force on June 20 15 1 day. 1995 65438+February 2 1 The Regulations of Beijing Municipality on Smoking Prohibition in Public Places adopted at the 23rd meeting of the Standing Committee of the Tenth Beijing Municipal People's Congress shall be abolished at the same time.
Smoking has many hazards:
1, smoking has the greatest impact on the respiratory system, which can cause chronic cough, expectoration and emphysema. The toxin contained in it belongs to a class of anticancer drugs, which is easy to cause lung cancer.
2. Tobacco contains a certain amount of nicotine and tar, which can lead to vasoconstriction under gastric mucosa, increased gastric acid secretion, stomach spasm, relaxation of cardia entrance and pyloric entrance, leading to nausea and vomiting.
In addition, tobacco can also cause arteriosclerosis and poor vascular elasticity, which will lead to nervous system diseases, such as cerebral infarction.
Legal basis:
"Regulations on the Control of Smoking in Public Places" Article 37 If an individual, in violation of the provisions of these regulations, smokes in a place (region) where smoking is prohibited, the administrative law enforcement personnel of the corresponding competent department shall order him to make immediate corrections and may impose a fine of more than 50 yuan and less than 500 yuan.