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The time is different for each region, but Shanghai is from March 1, 2010.
Ministry of Health, 22 March 2011.
A new version of the "Detailed Rules for the Implementation of the Regulations on the Administration of Sanitation in Public Places" has been issued, which stipulates that smoking is prohibited in indoor public places. The Rules will come into force on May 1, 2011.
According to the Ministry of Health, the new version of the "Detailed Rules" is formulated in accordance with the "Regulations on the Administration of Sanitation in Public Places", and makes clear provisions on the health management, health supervision and other related work in public places, aiming to solve the problems of health supervision and law enforcement in public places, the responsibility of public place operators and the degree of administrative punishment.
The revision will be the main body of law enforcement from "health and epidemic prevention station" to "health administrative department", stipulate that the health supervision agency shall undertake specific supervision and law enforcement tasks, and stipulate that the operator of public places shall set up a health management department or be equipped with full-time (part-time) health management personnel, specifically responsible for the health work of the public place, establish and improve the health management system.
and health management files.
The Detailed Rules clearly stipulate that operators of public places shall set up conspicuous warnings and signs prohibiting smoking. Smoking areas set up in outdoor public places shall not be located on pedestrian passages, and automatic cigarette vending machines shall not be set up in public places. Operators of public places shall carry out publicity on the health hazards of smoking, and appoint full-time (part-time) personnel to dissuade smokers.
The "Detailed Rules" also stipulate that if the operator of a public place fails to take immediate measures against the occurrence of an accident endangering health, resulting in the expansion of the harm, or concealing, delaying or making a false report, he will be fined not less than 5,000 yuan but not more than 30,000 yuan; If the circumstances are serious, they shall be ordered to suspend business for rectification in accordance with the law, up to the revocation of the health permit.
where a crime is constituted, criminal responsibility is pursued in accordance with law.
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The ban on smoking in public places came into effect on March 22, 2016.
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Legal Analysis: Smoking is prohibited in the following public places:
1) Theaters, song and dance halls, ** halls, video screening halls, and amusement halls (rooms);
2) Conference halls (rooms) and auditoriums;
3) Indoor activity venues such as libraries, archives, science and technology management, museums, exhibition halls, and cultural centers;
4) Nursery schools and kindergartens;
5) Classrooms, dormitories, and activity rooms in primary and secondary schools, as well as indoor teaching and activity venues in other types of schools;
6) Business (trading) halls of shops, bookstores, post and telecommunications industries, and financial industries;
7) The ** area, waiting area, diagnosis and treatment area and ward area of the medical establishment;
8) Waiting (ship) halls and ticket halls in elevator halls and public transportation, bus stations and harbor passenger stations;
9) the city of the people to determine other public places.
Management units of public places where smoking is prohibited may set up smoking rooms (districts) where conditions permit.
Legal basis: "Provisions on the Prohibition of Smoking in Public Places".
Article 1: In order to protect people's health, protect the public environment, and reduce the harm caused by smoking, these Provisions are formulated in accordance with relevant laws and regulations, combined with the actual conditions of the city.
Article 2 Smoking is prohibited in the following public places:
1) Theaters, song and dance halls, ** halls, video screening halls, and amusement halls (rooms);
2) Conference halls (rooms) and auditoriums;
3) Indoor activity venues such as libraries, archives, science and technology management, museums, exhibition halls, and cultural centers;
4) Nursery schools and kindergartens;
5) Classrooms, dormitories, and activity rooms in primary and secondary schools, as well as indoor teaching and activity venues in other types of schools;
6) Business (trading) halls of shops, bookstores, post and telecommunications industries, and financial industries;
7) The ** area, waiting area, diagnosis and treatment area and ward area of the medical establishment;
8) Waiting (ship) halls and ticket halls in elevator halls and public transportation, bus stations and harbor passenger stations;
9) the city of the people to determine other public places.
Management units of public places where smoking is prohibited may set up smoking rooms (districts) where conditions permit.
Article 3 The municipal health administrative department is the competent authority for the prohibition of smoking in public places within the administrative area, and is responsible for the organization and implementation of these provisions and supervision and inspection. Departments such as for publicity, education, culture, and information shall carry out publicity and education on the harmful effects of smoking on health and the prohibition of smoking in public places.
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Regulations on the Control of Smoking in Public Places" is a key legislative project of the National Health and Family Planning Commission, and a draft was submitted for review at the end of October 2014. The ordinance prohibits smoking in all indoor public places. On November 24, 2014, the Health and Family Planning Commission drafted the Regulations on the Control of Smoking in Public Places (Draft for Review) for public comment.
The draft for review clarifies that smoking is prohibited in all indoor public places. In addition, outdoor audience seats and competition areas in sports and fitness venues; Smoking is also prohibited in outdoor waiting areas on public transportation.
1. The main contents of the Regulations on the Control of Smoking in Public Places have several aspects.
The first is to clearly define the scope of places where smoking is prohibited. It stipulates that smoking is prohibited in indoor public places, and clarifies the public places where smoking is prohibited outdoors.
The second is publicity and education and smoking cessation services. Among them, it is specifically proposed that several groups should play a leading role, such as the staff of state organs, teachers and medical personnel, who should take the lead in tobacco control; Teachers should not smoke in front of students; Medical staff do not smoke in front of patients, etc. One of the biggest highlights is that the warning graphic of cigarettes will be on the outer packaging of cigarettes, and the graphic warning on cigarette packaging is one of the most direct, economical and effective means to publicize the harm of tobacco to the public.
Accordingly, Article 11 of the WHO Framework Convention on Tobacco Control stipulates that each Party shall adopt and implement effective packaging and labelling measures within three years of the entry into force of the Convention for that Party. As of January this year, it has been 10 years since China signed the WHO Framework Convention on Tobacco Control (WHO FCTC).
The third is to prevent smoking among minors. It prohibits the sale of tobacco products to minors and stipulates that schools have the obligation to educate students about the dangers of tobacco and prevent minors from smoking.
The purpose of banning smoking in public places is to reduce the harm of smoking, especially in public places, if there is smoking, it is necessary to investigate the legal responsibility of the relevant personnel, and for those who refuse to make corrections, the punishment standard should also be increased, and the specific circumstances should be handled and determined legally by the judicial organs in light of the actual situation.
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