The National Environment (Prohibition of Smoking in Public Places) Regulations 2003.

STATUTORY INSTRUMENTS

2003 NO. ……

ARRANGEMENT OF REGULATIONS

1. Citation.
2. Interpretation.
3. Right to a smoke free environment.
4. Prohibition on smoking in public places.
5. Posting of no-smoking signs.
6. Prohibition on smoking in public means of transport.
7. Obligations of owners.
8. Public awareness.
9. Local Governments to make bye-laws.
10. Licensing Authorities to require proof of compliance.
11. Offences.

STATUTORY INSTRUMENTS

2003 NO. ……

The National Environment (Prohibition of Smoking in Public Places) Regulations, 2003.

(Under Section 108 of the National Environmental Statute
No. 4 of 1995)

IN EXERCISE of the powers conferred on the Minister by Section 108 of the National Environment Statute 1995; and upon the recommendation of the Board and the Policy Committee on the Environment, these Regulations are made this … day of …. 2003

1. Citation
These Regulations may be cited as the National Environment (Prohibition of Smoking in Public Places) Regulations, 2003.

2. Interpretation
In these Regulations, unless the context otherwise requires-

"Authority" means the National Environment Management Authority established under the Statute;

"environment inspector" means any environmental inspector appointed or designated under section 80 of the Statute;

"lead agency" means any ministry, department, parastatal agency, local government system, or public officer in which or upon whom any law vests functions of control or management of any segment of the environment;

"authorised officer" means a public officer upon whom any law vests any of the functions of ensuring public health, public safety and maintenance of law and order;

"Local Government" means the Local Government Councils established under section 4 of the Local Governments Act, 1997;

"mass media" means publicly exhibited posters, newspapers, radio, television or other electronic media used for public communication;

"Minister" means the Minister to whom the President has assigned responsibility for the Statute;

"owner" in relation to any premises means-

(a) the proprietor or operator of the premises;

(b) the chief executive officer or overall manager of a work place; and

in relation to a vehicle means the person registered as the owner of the vehicle or in the absence of registration, the person owning or operating the vehicle.

"public place" means any place to which members of the general public or segments of the general public ordinarily have access by express or implied invitation and includes any indoor part of the places specified in the First Schedule to these Regulations;

"public service vehicle" means any vehicle which -

(a) is licensed under the law to carry passengers for hire or reward;

(b) plies for hire or reward or let out for hire or reward; or

"second-hand smoke" means the smoke exhaled from a person smoking a tobacco product as well as any side-stream smoke or environmental tobacco smoke;

"separate ventilation" means the existence of a mechanical, natural or other mechanism of extracting the air from a smoking area in order to prevent re- circulation into other areas of the establishment;

"smoking" means inhaling, exhaling, or handling a lighted tobacco product;

"Statute" means the National Environment Statute, 1995.

"work place" means any place in which employees, contractors, volunteers, or other persons perform duties of employment or work and includes private offices, common areas, and any other area, which they generally use during the course of their employment or work.

3. Right to a smoke free environment

(1) Every person has the right to a clean, healthy and smoke free environment.

(2) Every person has a duty to implement measures to safeguard the health of non-smokers.

(3) Every head of family is responsible for creating a climate for children to be free of second hand smoke.

4. Prohibition on Smoking in Public Places

(1) No person shall smoke in any public place or work place, or in any part of an indoor public place or work place specified in the First Schedule to these Regulations.

(2) Notwithstanding the prohibition in subsection (1) above, the following exceptions apply-

(a) a place of lodging, bar or restaurant may designate guest rooms where smoking is allowed if those rooms are physically detached or if they are separately ventilated and employers shall not require non-smoking employees to work in smoking areas when smoking is taking place; and

(b) a resident of a nursing home or other residential health care facility shall be allowed to smoke in his or her room, so long as it is a private room and is physically detached or negatively pressurized and separately ventilated and the resident does not smoke in the presence of any staff who wish not to be exposed to second-hand smoke.

5. Posting of No-smoking Signs

The owner of a public place or work place shall post signs prominently on the premises stating that smoking is not permitted.

6. Prohibition on smoking in public means of transport

(1) No person shall smoke on any public service vehicle or on any aircraft, train or other public means of domestic transport while carrying passengers for reward or hire.

(2) Notwithstanding subsection (1), the owner of a public means of transport that has physically distinct units, such as a train, may designate units as smoking areas if-

(a) the units are physically separate from one another;

(b) the smoke will not escape the units where smoking is allowed and enter into another unit or common system of ventilation; and

(3) The owner of any public service vehicle shall ensure that passengers are informed that smoking is not allowed by posting no-smoking signs prominently in the vehicle.

7. Obligations of owners

(1) The owner of any public place, work place, or any public service vehicle or other means of domestic transport shall take all reasonable steps to ensure that no person smokes in violation of the provisions of these Regulations.

(2) Taking reasonable steps under subsection (1) includes, but is not limited to-

(a) asking an offending person to stop smoking;

(b) demanding that an offending person who continues to smoke leave the premises or the vehicle, as applicable and practicable; and

(c) seeking the assistance of an environment inspector or any other authorised officer in cases where the offending person refuses to stop smoking or to leave the premises.

(3) An owner shall not discriminate against any employee or person who asserts his or her right to a smoke-free environment, or who reports any violation under these regulations.

8. Public Awareness

The Authority shall, in collaboration with lead agencies, promote public awareness campaigns in the mass media of the need to implement measures to safeguard the health of non-smokers from second hand smoke.

9. Local Governments to make bye-laws

(1) Nothing in these regulations shall limit the powers of a Local Government to make bye-laws that provide greater protection to non-smokers from tobacco smoke, than is provided by these regulations.

(2) The Local Government may, by notice to the public, apply restrictions to smoking in places where large numbers of persons are likely to congregate within close proximity to one another, or where smoking might pose a fire or other hazard.

10. Role of Licensing Authorities.

All licensing authorities under any law in force in Uganda, shall satisfy themselves of an applicant's compliance with these Regulations before issuing a license or permit for any public place, work place, public service vehicle or other means of public domestic transport.

11. Offences

(1) Any person who smokes in any public place, work place or other area in contravention of this regulation commits an offence and is liable on conviction to a fine of not less than twenty thousand Uganda Shillings Uganda Shillings and not more than one hundred thousand Uganda Shillings.

(2) Any person who smokes in any public service vehicle or other means of public domestic transport commits an offence and is liable on conviction to a fine of not less than twenty thousand Uganda Shillings and not more than one hundred thousand Uganda Shillings.

(3) Any owner of any public place or work place who fails to post prescribed signs and ensure that any designated smoking areas meet the requirements of these regulations, commits an offence and is liable, on conviction to a fine of not less than fifty thousand Uganda Shillings and not more than three hundred thousand Uganda Shillings.

(4) Any owner of any public place or work place who fails to enforce any of the smoking restrictions under his or her jurisdiction shall be guilty of an offence and is liable, on conviction to a fine of not less than fifty thousand Uganda Shillings and not more than three hundred thousand Uganda Shillings.

(5) In addition, to the penalties in (2) and (3) above, the court may further order that the license/permit of the owner be suspended.

FIRST SCHEDULE
Regulation 4 (1)

PUBLIC PLACES AND WORK PLACES

a) offices and office buildings including public areas, corridors, lounges, eating areas, reception areas, elevators, escalators, foyers, stairwells, restrooms, amenity areas, and individual offices;
b) court buildings;
c) factories;
d) health institutions;
e) educational institutions of all levels;
f) any premises in which children are cared for a fee or where children normally congregate including recreational parks;
g) public places of worship;
h) correctional facilities;
i) public service vehicles or any means of transportation used for commercial, public or professional purposes;
j) public transportation terminals;
k) retail establishments including markets and shopping malls;
l) cinemas and theatrical performance halls;
m) sports stadia;
n) public places of lodging;
o) bars and restaurants;
p) publicly owned facilities rented out for events; and
q) any other public facilities that the Minister may declare.