310 Regulations of Shenzhen Special Economic Zone on Smoking Control[深圳经济特区控制吸烟条例(1998)]

Archived（May 31, 2018）

(Adopted by the 25th meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on August 28, 1998) 

 

  

 

Article 1  In order to safeguard human health, reduce the hazards caused by smoking, these Regulations are formulated. 

 

  

 

Article 2   Smoking is prohibited in the following locations: 

 

1. the public offices and meeting rooms of State organs, enterprises, public institutions and social groups; 

 

2. the nurseries and kindergartens; 

 

3. the teaching places and student dormitories of educational institutions, and other play places for youngsters 

 

4. the waiting, diagnosing and treating areas, and sickrooms of medical and sanitation establishments; 

 

5. the libraries, archives, exhibition halls, science and technological museums, museums, art galleries and other exhibition places; 

 

6. the places inside public transportation facilities and public elevators; and 

 

7. the cinemas, music halls, video rooms and gymnasiums. 

 

  

 

Article 3   Smoking is partially prohibited in the following locations: 

 

1. the singing and dancing halls, Kara-Ok halls, video game playing rooms and music tea houses; 

 

2. the stores, and the business halls of banking and post; 

 

3. the indoor restaurants with more than 100 seats; 

 

4. the waiting and booking halls of public transportation. 

 

The direct operator or manager of a location where smoking is partially prohibited shall clearly divide the location into smoking area(room) and non-smoking area(room), and shall set conspicuous marks of smoking and non-smoking.  

 

  

 

Article 4  Minors under the age of 18 are not allowed to smoke. 

 

  

 

Article 5   It is forbidden to sell cigarettes to minors under the age of 18 or pregnant women.  

 

Cigarette seller shall post or hang a notice which indicates that smoking is harmful to health at a conspicuous place in the site of selling cigarettes. 

 

  

 

　　Article 6  It is forbidden to issue cigarette advertisements through the media, such as broadcasting program, movie, television program, computer information network, newspaper and magazine. 

 

　　It is forbidden to establish outdoor cigarette advertisement. Those outdoor cigarette advertisements established before these Regulations entering into effect shall be removed before December 31, 1999. 

 

  

 

Article 7  The sanitation administrative department of Shenzhen Municipal People’s Government (hereinafter referred to as the municipal sanitation administrative department) shall be the competent department of smoking control, and shall exercise the following authorities and powers according to these Regulations: 

 

1. making the planning of smoking control and organize its implementation; 

 

2. organizing the activities of publicizing the harm caused by smoking; 

 

3. organizing relevant administrative departments, social groups and industry associations to conduct smoking control, and coordinating them in the work of smoking control; 

 

4. inspecting and punishing the activities in violation of these Regulations. 

 

The sanitation administrative departments of district people’s governments shall take charge of the managing and punishing work of smoking control in the areas under their administration.  

 

  

 

Article 8  The administrative departments of public security, education, culture, news and city management, relevant social groups and industry associations shall assist the sanitation administrative department to develop the work of smoking control. 

 

The news media, such as the broadcasting, television, newspaper and publication, shall regularly broadcast or publish advertisements for public interests, publicizing that smoking is harmful to health. 

 

  

 

Article 9  The operator and manager of the location where smoking is totally or partially prohibited shall fulfill the following functions and duties: 

 

1. making managerial rules on smoking prohibition; 

 

2. discouraging people from smoking in non-smoking place or area(room); if discouragement does not work, trying to persuade the smoking person to leave the non-smoking place or area(room), or informing the policeman to assist in dealing with the situation; 

 

3. setting non-smoking marks at conspicuous sites in the non-smoking place or area(room), making non-smoking cautions through video or audio facility if there is any, and installing qualified air exhausting facility in the smoking area(room) of the location where smoking is partially prohibited; 

 

4. not placing any smoking set, label with cigarette advertisement or article with cigarette advertisement at non-smoking place or area(room).  

 

  

 

Article 10  Everyone in the location where smoking is totally or partially prohibited shall abide by these Regulations, may not smoke in non-smoking place or area(room), and may exercise the following rights: 

 

1.  requiring a person to stop smoking; 

 

2.  requiring a staff member of the operator or manager on the site to stop smoking; 

 

3. reporting an activity in violation of these Regulations to the sanitation administrative department. 

 

  

 

Article 11  The law-enforcement officer of the sanitation administrative department shall discourage smoking people from violating these Regulations. If the discouragement doesn’t work, the law-enforcement officer may impose him a fine of 20 yuan and persuade him to leave.  

 

  

 

Article 12  Any minor who violates the provisions of Article 4 of these Regulations shall be disciplined by his guardian under the order of his school or the sanitation administrative department. 

 

  

 

Article 13  Anyone who violates the provisions of Paragraph 1 of Article 5 of these Regulations shall be imposed a fine of 3,000 yuan by the sanitation administrative department. 

 

Anyone who violates the provisions of Paragraph 2 of Article 5 of these Regulations shall be ordered to make correction and be imposed a fine of 500 yuan by the sanitation administrative department. 

 

  

 

Article 14  Any advertisement owner, operator or issuer who violates the provisions of Article 6 of these Regulations shall be ordered to stop issuing cigarette advertisement, be confiscated his illegal gains, and be imposed a fine of 2 to 5 times his illegal gains by the administrative department of industry and commerce. 

 

  

 

Article 15  Any operator or manager who fails to fulfill his functions or duties in violation of the provisions of Article 9 of these Regulations shall be warned and be ordered to make correction within a time limit by the sanitation administrative department. Anyone who refuses to make correction within the time limit may be imposed a fine of 500 to 3,000 yuan. 

 

  

 

Article 16  It is encouraged to build smokeless unit. The government shall commend smokeless units. 

 

  

 

Article 17  The marks and notices of non-smoking shall be printed uniformly by the municipal sanitation administrative department. The municipal sanitation administrative department shall make rules on posting the marks and notices. 

 

  

  Article 18   These Regulations shall enter into effect as of November 1, 1998.