NON-SMOKERS' HEALTH PROTECTION ACT
B.E. 2535 (1992)
BHUMIBOL ADULYADEJ REX.
Given on the 30th day of March B.E.2535
Being the 47th year of the Present Reign
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His Majesty King Bhumibol Adulyadej
has been graciously pleased to proclaim that: Whereas it is expedient
to promulgate the law on the health protection of non-smokers,
Be it therefore enacted by the
King, by and with the advice and consent of the National Assembly acting
as the Parliament, as fallows:
Section 1. This Act is
called the "Non-Smokers' Health Protection Act B.E.2535"
Section 2. This Act shall
enter into force as from the day following the date of its publication
in the Government Gazette.
Section 3. In this Act
"Cigarette" means a
cigarette, cigar, other cigarettes, tobacco or modified tobacco pursuant
to the law on tobacco.
"Smoking" includes any
act which results in the production of smoke from the burning of cigarette.
"Public place" means
a place or any vehicle where the public is entitled to enter.
"Operator" means an
owner, manager, supervisor or a person responsible for the operation
of the public place.
"Non-smoking area" means
an area where smoking is prohibited.
"Smoking area" means
an area where smoking is allowed.
"Authority" means a
person who is appointed by the Minister to execute this Act.
"Minister" means the
Minister taking change of this Act.
Section 4. The Minister
shall have the power to publish in the Government Gazette.
(1) designating the names of
types of public places where the health of non-smokers shall be protected;
(2) designating any part or
all of the public places under (1) as a smoking or non-smoking area,
(3) designating the condition,
nature and standard of non-smoking or smoking areas with respect to
smoke or air ventilation;
(4) designating the criteria
and procedures of sign demonstration in the smoking or non-smoking
areas.
The publication under (3) or
(4) shall also fix the date, time or period on which the operator must
complete such compliance.
Section 5. After publication
by the Minister under Section 4, the operator shall have the duty
(1) to arrange any part or all
of the public places as the smoking and non-smoking areas;
(2) to arrange the smoking area
to have such condition, nature and standard as designated by the Minister;
(3) arrange for the signs in
the smoking or non-smoking areas in accordance with the criteria and
procedures designated by the Minister.
Section 6. No persons shall
be allowed to smoke in a non -smoking area,
Section 7. The authority
shall have the power to enter such public places as published by the
Minister under section 4(1) and (2) during sunrise and sunset or working
hours of such places for inspection or supervision of the implementation
of this Act.
Section 8. In performing
the duty, the authority shall present the identity card to the persons
concerned.
Such identity card of the authority shall be in accordance with the
form prescribed by the Minister and published in the Government Gazette.
Section 9. The operator
and persons concerned with the public places shall reasonably facilitate
the authority performing the duty under Section 7.
Section 10. In executing
this Act, the authority shall be the officers under the Penal Code.
Section 11. Any operator
failing to comply with Section 5(1) shall be subject to a fine not exceeding
twenty thousand baht.
Any operator failing to comply with Section 5 (2) shall be subject to
a fine not exceeding ten thousand baht.
Any operator failing to comply with Section 5 (3) shall be subject to
a fine not exceeding two thousand baht.
Section 12. Any person
violating Section 6 shall be subject to a fine not exceeding two thousand
baht.
Section 13. Any person
obstructing or failing to facilitate the authority performing the duty
under Section 7 shall be subject to an imprisonment not exceeding one
month or a fine not exceeding two thousand baht or both.
Section 14. The competent
inquiring officer inquiring a case shall have the power to effect the
fine in accordance with the Criminal Procedure Code.
Section 15. The Minister
of the Ministry of Public Health shall take charge of this Act and shall
have the power to appoint the authorities as well as to prescribe the
announcements for the execution of this Act.
Such announcements shall enter into force after their publication in
the Government Gazette.
Countersigned by
Anand Punyarachun
Prime Minister
Note: The reason for the
promulgation of this Act is that it is recognized among the physicians
that cigarette smoke causes several harms to the health of smokers and
non-smokers alike such as lung cancer or cancer of other organs and
Coronary Artery Thrombosis. Cigarette smoke also aggravates the symptom
of certain diseases such as chronic bronchitis or allergies. Moreover,
it is proved that the non-smokers inhaling such cigarette smoke of other
persons suffer health deterioration the same way as cigarette smokers
do especially in case where the inhaling persons of such cigarette smoke
are children. It is therefore expedient to protect the health of non-smokers
against the cigarette smoke in the public places by prohibiting cigarette
smoking in certain places or by designating specific smoking areas or
otherwise. It is therefore necessary to promulgate this Act.
1 Published in the Government
Gazette, Book 109, Part 40 dated 7 April 1992
Announcement of the Ministry of Public Health
(No.4) B.E.2535
Subject: Identity card of the authority as per
the Non-smokers' Health Protection Act B.E.2535.
---------------------------
By virtue of the power vested by
the provisions of Section 8 of the Non-Smokers' Health Protection Act
B.E.2535, the Minister of the Ministry of Public Health hereby prescribes
the announcement of identity card of the authority as follows:
Article 1. Identity card
of the authority shall be as form attached hereto.
Article 2. Photograph size
on the identity card is 3 x 4 centimeters, half-length portrait, white
formal dress and no hat. The photograph shall be taken for less than six
months before the date of applying.
Article 3. Identity card
of the authority shall be issued by Permanent Secretary, Ministry of Public
Health.
Article 4. This Announcement
shall enter into force from the day following the date of its publication
in the Government Gazette.
Announced on 25 August B.E.2535
(Signed) Phairoj Ningsanont
(Mr. Phairoj Ningsanont)
Minister of the Ministry of Public Health
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Identity Card of the Authority
Attached to Announcement of the Ministry of Public Health
(No.4) B.E.2535
As per the Non-smokers' Health Protection Act B.E.2535.
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Front
Announcement of the Ministry of Public Health
(No.6) B.E.2540
Subject: Appointment of officials to be in charge of
the Non-Smokers' Health Protection Act B.E.2535
------------------
By virtue of the power vested by
the provisions of Section 3 and 15 of the Non-Smokers' Health Protection
Act B.E.2535, the Minister of the Ministry of Public Health hereby prescribes
the announcement as follows:
Article 1 The Announcement
of the Ministry of Public Health, Subject: Appointment of officials to
be in charge of the Non-Smokers' Health Protection Act B.E.2535 dated
24 July B.E.2535 shall be repealed.
Article 2 The following
officials of central administration of the Ministry of Public Health shall
be official in charge of the Non-Smokers' Health Protection Act B.E.2535
(1) Permanent Secretary, Ministry
of Public Health
(2) Deputy Permanent Secretary, Ministry of Public Health
(3) Director-General, Department of Medical Services
(4) Director-General, Department of Health
(5) Secretary-General, Office of the Food and Drug Administration
(6) Inspector-General, Ministry of Public Health
(7) Deputy Directors-General, Department of Medical Services
(8) Deputy Directors-General, Department of Health
(9) Deputy Secretaries-General, Office of the Food and Drug Administration
(10) Directors of Divisions, Offices, Institutes, and Centres under
the Department of Medical Services
(11) Directors, Institute of Tobacco Consumption Control, Department
of Medical Services
(12) Director, Bureau of Health Promotion, Department of Health
(13) Director, Bureau of Environmental Health, Department of Health
(14) Legal Officers Class 5 up, Division of Legal Affairs, Office of
the Permanent Secretary, Ministry of Public Health
(15) Legal Officer Class 5 up, Department of Medical services
(16) Food and Drug Inspectors Class 5 up, Division of Inspection, Office
of Food and Drug Administration
(17) Public Health Technical Officers Class 5 up, Institute of Tobacco
Consumption Control
(18) Health Promotion Technical Officers Class 5 up, Bureau of Health
Promotion, Department of Health
(19) Sanitary Technical Officers Class 5 up, Bureau of Environmental
Health, Department of Health
Article 3 The following
officials of the provincial or central administration
stationing in provincial areas shall be the officials in charge of the
Non-Smokers' Health Protection Act B.E.2535 only within their jurisdiction.
(1) Provincial Chief Medical
Officers
(2) Directors of Regional, General and Community Hospitals
(3) Directors of Regional Environmental Health Centres and Directors
of Regional Health Promotion Centres
(4) District Health Officers
(5) Pharmacists of Provincial Health Offices
(6) Pharmacists Class 5 up of Regional, General and Community Hospitals
(7) Public Health Technical Officers Class 5 up of Provincial Health
Officers, Regional, General and Community Hospitals
(8) Health Promotion Technical Officers Class 5 up of Provincial Health
Officers, Regional, General and Community Hospitals
(9) Sanitary Technical Officers Class 5 up of Provincial Health Offices,
Regional, General and Community Hospitals
(10) Health Education Technical Officers Class 5 up of Provincial Health
Officers, Regional, General and Community Hospitals
(11) Health Promotion Technical Officers Class 5 up of Regional Health
Centres, Department of Health
(12) Sanitary Technical Officers Class 5 up of the Regional Environmental
Centres, Department of Health
Article 4 The following
officials of Ministry of Education and Ministry
of University Affairs shall be the officials in charge of the Non-Smokers'
Health Protection Act B.E.2535 only within their jurisdiction.
(1) Permanent Secretary, Ministry
of Education
(2) Permanent Secretary, Ministry of University Affairs
(3) Deputy Permanent Secretary, Ministry of Education
(4) Deputy Permanent Secretary, Ministry of University Affairs
(5) Inspectors-General, Ministry of Education
(6) Director-General, Department of Physical Education
(7) Provincial Chief Educational Officers
(8) District Chief Educational Officers
(9) School Directors under the Department of General Education, Ministry
of Education
(10) School Directors under the Office of the Private Education Commission
Article 5 The following
officials of the Ministry of Interior shall be the officials in charge
of the Non-Smokers' Health Protection Act B.E.2535 only within their jurisdiction
(1) Provincial Governors
(2) District Officers
(3) Deputy Disttrict Officers acting as Chiefs of Sub-District Offices
Article 6 The following
local administration shall be the officials in
charge of the Non-Smokers' Health Protection Act B.E.2535 only within
their jurisdiction.
(1) Bangkok Governor
(2) Deputy Bangkok Governor, Public Health Affairs
(3) Permanent Secretary for the Bangkok Metropolitan Administration
(BMA)
(4) Deputy Permanent Secretary for the BMA
(5) Director, Department of Medical Services, BMA
(6) BMA Hospitals Directors
(7) Director, Department of Health, BMA
(8) Health Centre Directors, BMA
(9) Director, Environmental Health Division, BMA
(10) Director, Drug Abuse Prevention and Treatment Division Department
of Health, BMA
(11) Director, Department of Education, BMA
(12) BMA School Directors
(13) Director, Department of Law Enforcement
(14) District (Khet) Directors, BMA
(15) Deputy Directors, District (Khet) Offices, BMA
(16) Directors, District (Khet) Branch Offices, BMA
(17) Deputy Directors, District (Khet) Branch Offices, BMA
(18) Chiefs of Health Sections, District (Khet) Offices, BMA
(19) Chiefs of Law Enforcement Section, District Offices, BMA
(20) Chiefs of Health Sections, District (Khet) Branch Offices, BMA
(21) Chiefs of Law Enforcement Sub-Section, District Branch Offices,BMA
(22) Sanitary Technical Officers, and Health Officers, Health Sections,
District Offices, BMA
(23) Administration Officers of Law Enforcement Sections, District (Khet)
Offices, BMA
(24) Sanitary Technical Officers and Health Officers of Health
(25) Sections, District Officers
(26) Administration Officers of Law Enforcement Section, District (Khet)
Branch Offices, BMA
(27) Lord Mayor, Pattaya City
Article 7 This Announcement
shall enter into force from the day following the date of its publication
in the Government Gazette.
Announced on 9 June B.E.2540
(Signed) Montri Pongpanich
(Mr.Montri Pongpanich)
Minister of the Ministry of Public Health
Announcement of the Ministry of Public Health
(No.7) B.E.2540
Subject: Designation of names
or type of public places where non-smokers' health is under protection
and designation of areas and premises of the place whereof as smoking
or non-smoking areas.
----------------------
By virtue of the power vested by
the provision of Section 4 (1) and Section 15 of the Non-Smokers' Health
Protection Act B.E.2535, the Minister of the Ministry Public Health hereby
prescribes this Announcement as follows:
Article 1 The Announcement
of the Minister of Public Health (No.2) B.E.2535,
Subject: Designation of names or type of public places where non-smokers'
health is under protection and designation of areas and premises of the
place whereof as smoking or non-smoking areas, dated 24 July B.E2535 shall
be repealed.
Article 2 The following public
places shall be the places where non-smokers' health is under protection.
1. Commuter buses.
2. Taxicab.
3. Air-conditioned passenger train compartments.
4. Commuter boats.
5. Domestic flight commercial airliners.
6. Air-conditioned passenger lounges.
7. Passenger elevators.
8. Public telephone booths.
9. School buses.
10. Theatres.
11. Libraries
12. Mini-marts, barbers shops, tailor shops, beauty parlors, and drugstores
only in the air-conditioned sections.
13. Gymnasiums, only in the air-conditioned sections.
14. Non boarding infirmaries.
15. Religious places, only in the section where religious practices
are performed.
16. Food courts and restaurants within shopping centres of department
stores, only in the air-conditioned sections.
All the public places as stipulated
in the first paragraph shall, at operating hours, be deemed non-smoking
areas.
Article 3 The following public
places shall be the places where non-smokings' health is under protection.
1. Schools or educational institutes
of the secondary levels and under.
2. Buildings where art exhibitions are held, museums, and art exhibition
halls.
3. Boarding infirmaries.
4. Pre-school nurseries.
5. Airports
6. Indoor stadiums.
The public places as stipulated
in the first paragraph shall, at operating hours, be deemed non-smoking
areas except in private quarters or private offices of the persons working
in such public places.
Article 4 The following public
places shall be the places where non-smokers' health is under protection.
1. Building of the universities,
colleges, and educational institution of the university level.
2. Showrooms or exhibition buildings, only in the air-conditioned sections.
3. Government and stated enterprise places.
4. Banks and financial institutions.
5. Air-conditioned offices.
The public places as stipulated
in the first paragraph shall be deemed non-smoking areas except:
1. In private quarters or private
office of the persons working in such public places.
2. In the areas specifically designated as "smoking areas".
The designation of such areas shall be upon specific spots or places.
Article 5 Passenger train
compartments without air-conditioning system shall be deemed the places
where non-smoking health is under protection.
The public places as stipulated in the first paragraph shall, at operating
hours, be deemed non-smoking areas except in the compartment provided
as smoking areas which shall not exceed 25 percent of the total non-air
conditioned compartments of the train.
Article 6 Food selling places
and catering places, only in the air-conditioned areas shall be deemed
places where non-smokers' health is under protection.
The public places as stipulated in the first paragraph shall, at operating
hours, be deemed non-smoking areas except in the places provided as smoking
areas which shall not exceed 25 percent of the total area of each place.
Article 7 This announcement
shall enter into force after ninety days as from the day of its publication
in the Government Gazette.
Announced on 15 October B.E.2540
(Signed) Montri Pongpanich
(Mr.Montri Pongpanich)
Minister of the Ministry of Public Health
Announcement of the Ministry of Public Health
(No.8) B.E.2540
Subject: Designation of signs for smoking and non-smoking areas.
-------------------
By virtue of the power vested by
the provisions of Section 4(4) and Section 15 of the Non-smokers' Health
Protection Act B.E.2535, the Minister of the Ministry of Public Health
hereby prescribes this Announcement as follows:
Article 1 The Announcement
of the Ministry of Public Health (No.3) B.E.2535 Subject: Designation
of signs for smoking and non-smoking areas dated 24 July B.E.2535 shall
be repealed.
Article 2 The sign of smoking
area in public places shall be in a circle of white background of no loss
than 10 centimetre diameter with a blue parameter of no less than 1 centimetre
wide and shall have a picture of a cigarette with black smoke in the centre.
The width of the cigarette shall equal the width of the blue parameter.
Article 3 The sign of non-smoking
areas in public places shall be in a circle of white background of no
less than 10 centimetre diametre with a red parameter of no less than
1 centimetre wide and shall have a picture of a cigarette with black smoke
in the centre crossed by a red ban. The width of the cigarette and the
red ban across the cigarette shall equal the width of the blue parameter.
Under the circle sign there shall be the phrase "No smoking Violation
is suject to 2,000.- baht fine".
Article 4 The signs as stipuilated
in Article 2 and Article 3 shall be openly posted in areas as follows:-
1. The non-smoking sign shall
be posted at the entrance of the respective public place and at other
areas in that public place which shall be clearly visible.
2. The smoking sign shall be posted at areas provided as smoking areas.
Article 5 This announcement
shall enter into force after ninety days as
from the day following the date of its publication in the Government Gazette.
Announced on 15 October B.E.2540
(Signed) Montri Pongpanich
(Mr.Montri Pingpanich)
Minister of the Ministry of Public Health
Announcement of the Ministry of Public Health
(No.9) B.E.2540
Subject: Condition and appearance of smoking areas as per
the Non-smokers' Health Protection Act B.E.2535.
----------------
By virtue of the power vested by
the provisions of Section 4(3) and Section 15 of the Non-smokers' Health
Protection Act B.E.2535, the Minister of the Ministry of Public Health
hereby prescribes this Announcement as follows:
Article 1 The Announcement
of the Ministry Public Health (No.5) B.E.2535, Subject: Condition and
appearance of smoking areas as per the Non-smokers' Health Protection
Act B.E. 2535 shall be repealed.
Article 2 Smoking areas in
air-conditioned places shall be equipped with ventilation systems which
ventilate the air between the outside and the inside of the smoking areas
at the rate of no less than 50 square feet per minute per person.
Article 3 Smoking areas shall
be in the condition and appearance as follows:-
1. They shall not be in the areas
in which they shall cause annoyance to nearby people.
2. They shall not be at the entrance or exit of the places where non-smokings'
health is under protection.
3. They shall not be in places openly visible to people who come for
service in such places.
Article 4 This announcement shall
enter into force after ninety days as from the day following the date
of its publication in the Government Gazette.
Announced on 15 October B.E.2540
(Signed) Montri Pongpanich
(Mr.Montri Pongpanich)
Minister of the Ministry of Public Health
1992 Non Smokers Health Protection Act (Announcement10)
Announcement of the Ministry of Public Health(No. 10) B.E. 2545 (2002)
Subject: Designation of the names or types
of public places where non-smokers' health is under protection and designation
of areas and premises of the place whereof as smoking or non-smoking
areas
-------------------------------------------------------
By virtue of the power vested by
the provisions of Section 4 (1) and (2) and Section 15 of the Non-Smokers
Protection Act B.E. 2535, the Minister of the Ministry of Public Health
hereby prescribes this announcement as follows:
Article 1
Ministerial announcement No. 10
of the Non-Smokers' Health Protection Act B.E. 2545 (2002) will herein
replace the previous Ministerial Announcement No.7 of the Non-Smokers'
Health Protection Act B.E. 2540.
Article 2
A complete ban will be placed on smoking in
the following areas -:
1. Public Buses
2. Private Buses
3. Air Conditioned Rail Carriages
4. Public Boats
5. Domestic Flights
6. Air-conditioned air, rail, road and sea terminals (public areas only)
7. Elevators
8. Public telephone boxes
9. School buses
10. Theatres (all types)
11. Public libraries
12. Air-conditioned mini-marts, hairdressers, tailors, beauty salons,
drug stores and internet venues
13. Air-conditioned shopping centers and department stores
14. Air-conditioned sport centers
15. Outpatient clinics
16. Religious places, only in the section where religious practices
are performed
17. Food courts and restaurants or function centers, only in the air-conditioned
sections
18. Toilets
19. Piers
Article 3
A partial ban will be placed on
smoking in the following areas (excluding private rooms) -:
1. Schools or educational institutes of the secondary levels and under
2. Museums, galleries, cultural exhibitions etc.
3. Hospitals
4. Nursery and pre-school centers
5. Indoor Stadiums
Article 4
A partial ban will be placed on
smoking in the following areas (excluding private rooms and designated
smoking areas) -:
1. Building of the universities, colleges and educational institute of
the university level.
2. Air-conditioned showrooms and exhibition buildings
3. Government and Private Buildings
4. Banks and Financial Institutions
5. Air-conditioned workplaces
6. Domestic and International Airports
Article 5
Passenger train compartments without
air-conditioning system shall be deemed the places where non-smoking health
is under protection.
The public places as stipulated in the first paragraph shall, at operating
hours, be deemed non-smoking areas except in the compartment provided
as smoking areas which shall not exceed 25 percent of the total non-air
conditioned compartments of the train.
Article 6
This announcement shall enter into
force after ninety days of the date of its publication in the Government
Gazette. (1)
Announced on the 18th July 2545
(2002)
(1) Published in the Government
Gazette, Book 119, Part 74 dated 9th August 2002
Time to kill smoke in restaurant
Why restaurants should be 100% free-smoke
areas?
- More than 4,000 kind of chemical substance
hiding in cigarette smokes both toxic and non-toxic and 43 kind cause
cancer.
- Cigarette smoke affects to non-smoker who
inhales smoke especially kids.
Short term effect
- Irritated to nose, eyes, throat, cause headache,
cough, vomit and sick
- Worsen chronic disease
Long term effect
- Research and medical report of General Doctor
of National Scientific Institute of U.S.A. and Environmental Preservation
Institute of U.S.A. reported that smoke receiver in big quantity and
long term cause cancer in parts of body same as smoker.
Smoke-free restaurants earn more
income
- Latest study from Disease Control Office in
Texas has found that some smoke-free restaurants get more money or at
least not worsen.
- Smoke-free zones save money on cleaning and
low risk on fire.
- Save money on medical expenses of restaurants
staffs. The study of California State has found that staffs in smoke-free
restaurant with air condition got better health after 1 month of law
announcement.
- Most people are non-smoker, smoke-free restaurants
get more chance for new non-smoker customer and many more on families
with kids.
- Thailand is about to enforce NON-SMOKERS'
HEALTH PROTECTION ACT by announce restaurants to be smoke-free zones;
is effective from 9th November 2002.
- NON-SMOKERS' HEALTH PROTECTION ACT B.E. 2535
designated that air-conditioned restaurants must arrange not less than
75 percent smoke-free zone of all area and smoking areas shall be equipped
with ventilation systems but it appeared that in practical smoking and
non-smoking areas couldn't be completely separated. Ministry of Public
Health then announced all air-conditioned restaurants to be smoke-free
zone and will enforce strictly.
- Norway bans cigarette in restaurants and bars
all over country.
Ministry of Public Health in Norway expressed that Norway plans to ban
cigarette in all restaurants and bars, which may enforce in Year 2004
after approve from Parliament to protect customers and staffs' health.
Public Health Minister of Norway said that Norway will be the first
country of announcement smoke-free zone in all bars and restaurants,
at the moment, only U.S.A., Australia and Canada ban cigarette in restaurants
and bars but only in some states and cities.
In present, Norway population is around 4.5 Million people, there are
about 300-500 Norwegians died from Second-hand Smoke which is higher
than victims killed in car accidents.
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