Shanghai Regulations on Smoking Control in Public Places

1. These regulations were formulated to eliminate and reduce the hazards of tobacco smoke, guarantee the health of the public, create a healthy environment in public places and improve the level of urban civilization according to relative laws and administrative statutes.

2. Works on smoking control in public places in Shanghai, in which effective measures are conducted to ban smoking in places listed in the regulations, are applicable to these regulations.

3. Work on smoking control practice the principle of limiting places, classifying management, unit responsibility and public participation.

4. Municipal, District and County Health Promotion Commission are responsible for organization and coordination of smoking control, guiding and supervising the work of each department and industry, and organizing and carrying out events promoting and educating smoking control. The office of Health Promotion Commission settles in the health administration with the same level. Health, education, literature, film and television, sports, tourism, food and drug supervision, transportation and ports, business, public security and other administrative departments are responsible for the supervision of smoking control according to these regulations and other rules.

5. Municipal Health Promotion Commission should organize and carry out events promoting and educating smoking control in various forms, making the public aware of the hazards of tobacco smoke and enhancing the awareness of creating a smoke-free environment. The relevant administrative departments, people's organizations, schools, hospitals and other units should carry out the education activities of the hazards of tobacco smoke and smoking control regularly. Public media such as radio, television, newspapers and websites should carry out public awareness campaigns on hazard of smoking and passive smoking.

6. Public places where smoking is banned:

1) Indoor and outdoor areas of nurseries, kindergartens, primary and secondary schools, Children’s Palace and Youth Center;

2) Indoor areas of all schools, dormitories, restaurants in addition to the places covered in the front one;

3) The indoor and outdoor areas of the maternal and child health care centers, children's hospitals and children's welfare homes;

4) Indoor areas of all medical and sanitary institutions in addition to the places covered in the front one;

5) The indoor area of the gymnasiums and the outdoor auditoriums and the competition areas;

6) Indoor areas of all public cultural venues including libraries, theaters, odium, exhibition halls, museums, art galleries, memorial halls, archives in addition to the places covered in the front one;

7) Places for state organs providing public service;

8) Business premises of public utilities and financial institutions;

9) Shopping malls, supermarkets and other commercial places;

10) Elevator and its waiting area;

11) Buses, trams, taxis, rail vehicles, passenger ferry and other public transport vehicles, and the ticket office, waiting room, and indoor platform;

12) Internet cafes and other Internet service business places;

13) Other places prescribed by laws and regulations.

7. The indoor areas of the following public places can designate smoking areas or set up smoking rooms, and smoking is banned in other areas:

1) Dance halls, game centers and other places of entertainment;

2) Restaurants with 150 square meters or more than 75 seats;

3) The indoor public activity areas of starred hotels. Hotels should set specific no-smoking floors or rooms. Indoor area of airports, railway passenger terminals and port passenger stations, except specific smoking rooms, is forbidden to smoke.

8. Smoking areas or smoking rooms in public places should be provided with good ventilation conditions and obvious slogans of smoking harmful to health.

9. Smoking is not allowed in public areas such as meeting rooms, restaurants and shared workplaces of government offices.

10. Public places and offices in addition to the sixth and seventh rules can set no-smoking areas.

11. Municipal people's governments can temporarily regulate the range of no-smoking area according to the need of large campaigns.

12. The units which prohibit smoking shall perform the following duties:

1) Establish a smoking control system and promoting a smoking ban;

2) Set striking signs of no smoking and telephone numbers of supervision department in no-smoking areas;

3) Equipment related to smoking cannot be setup in no-smoking areas;

4) People smoking in no-smoking areas shall be prevent or encouraged to leave with efficient measures.

13. Anyone can ask smokers who smoke in no-smoking areas to stop; the units with no-smoking areas have the duty to ban smoking, and units who do not perform the duty will be reported.

14. Municipal, District and County Health Promotion Commission should organize relative departments to strengthen the detection and evolution of smoking bans. Municipal Health Promotion Commission should announce the condition of the smoking ban every year.

15. Health Administrative Departments should intervene in smoking banning work and establish a consulting hotline. Medical Institutions should offer guidance and help smokers quit.

16. Encourage voluntary organizations and other social organizations to participate in smoking banning in various forms.

17. Control of smoking should be one of the contents of the evaluation of municipal civil units.

18. Supervision of control of smoking shall be conducted in the following regulations:

1) The administrative departments for education are responsible for supervision of schools;

2) Law enforcement agencies of culture are responsible for supervision of places for culture, sports, entertainment and hotels;

3) Law enforcement agencies of airport, railway and traffic and CRC line operating units are responsible for supervision of public transportation and relative public places;

4) Food and Drug Administrations are responsible for supervision of restaurants;

5) Police departments are responsible for supervision of Internet cafes and other Internet service businesses;

6) Housing administration are responsible for supervision of Public lifts in the property management area;

7) Health Administrative Departments are responsible for supervision of medical and health institutions and other public places regulated by these regulations.

19. Municipal, District and County people's governments shall give enough funds for supervision, evolution, researches, promotion, education, infection, training and management of control of smoking.

20. If the units of the prohibit smoking places violate the twelfth regulation, they will be warned by relative department according to the eighteenth regulation and order correction in limited time. If they are not corrected in limited time, they shall be fined 2,000 – 10,000 yuan. Cases of gross violation will be fined 10,000 – 30,000 yuan.

21. Smokers smoking in no-smoking places without listening to the dissuasion shall be ordered correction and fined 50-200 yuan.

22. People smoking in no-smoking places without listening to the dissuasion and disturbing the society order or obstructing relevant departments from performing their duties according to law, violate <People's Republic of China Public Security Management Punishment Law> and shall be punished by the public security department. Those constituting a crime, will be investigated for criminal responsibility according to law.

23. Directly responsible persons and personnel of administrative departments, supervision of law enforcement agencies and their staff, who are responsible for smoking control, shall be fined according to law if they do not perform their duties. Those constituting a crime, will be investigated for criminal responsibility according to law.

The regulations have been in place since March 1, 2010.