Regulations of Shanghai Municipality on Smoking Control in Public Places

(October 28,2022)

[15th ] No.136

(Adopted at the 15th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 10, 2009; amended for the first time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Smoking Control in Public Places adopted at the 33rd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on November 11, 2016; amended for the second time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Smoking Control in Public Places and other Five Local Rules and Abolishing the Provisions of Shanghai Municipality on the Administration of Enterprises' Name Registration adopted at the 45th Session of the Standing Committee of the 15th Shanghai People’s Congress on October 28, 2022)

Article 1

With a view to eliminating and reducing the harm caused by tobacco smoke and electronic cigarette emissions, protecting the physical health of the public, promoting a good environmental sanitation in public places, and improving urban civilization, these Regulations are formulated in accordance with relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the smoking control work in public places of this Municipality (hereinafter referred to as the smoking control work).

The smoking control work mentioned in the preceding clause refers to the prohibition of smoking (including electronic cigarette), by taking effective measures, in public places where smoking is prohibited as provided in these Regulations.

Article 3

The smoking control work shall follow the principles of "defined places, classified management, responsibility of certain units, public participation, and comprehensive governance".

Article 4

The municipal and district health promotion commissions shall, under the leadership of the same-level people's governments, take charge of the organizing and coordinating of the smoking control work within their respective jurisdiction, guide and supervise the smoking control work of the departments and trades concerned, and organize publicity and education activities on smoking control. The routine work office of a health promotion commission shall be set up in the same-level health department.

The health department shall be the competent department responsible for smoking control in this Municipality.

Such administrative departments as education, culture and tourism, sports, market regulation, transport, commerce, public security, urban management and law enforcement shall, according to these Regulations and other relevant provisions, make great efforts to carry out supervision and administration over the smoking control work in public places.

Article 5

The Municipal Health Promotion Commission shall carry out publicity and education on smoking control in various forms, so as to let the public understand the harm caused by tobacco smoke and electronic cigarette emissions, and raise the awareness of the whole society to create a non-smoking environment.

Relevant administrative departments, mass organizations, schools, hospitals and other units shall regularly carry out publicity and education activities on smoking control and the harm caused by tobacco smoke and electronic cigarette emissions.

Such mass media as radio, film & TV, press, telecommunication, and Internet websites shall carry out public welfare publicity activities on the harms caused by smoking and by inhaling of the tobacco smoke to health.

Article 6

Smoking shall be prohibited in indoor public places and working areas, and public transport vehicles.

Article 7

Smoking shall be prohibited within the outdoor area of the following places:

1. public places featuring children and teenagers, such as childcare centers, kindergartens, secondary and primary schools, children’s palaces, youth centers, educational and training institutions, and children’s welfare centers;

2. maternal and childcare hospitals/clinics, and children’s hospitals;

3. seating, competition and performing areas of gymnasiums, stadiums and performance centers;

4. government-protected historical and cultural sites open to the public;

5. waiting areas for public transport vehicles; 

6. and other places as provided by laws and rules.

In response to the need for a large-scale event, the municipal and district people’s governments may designate outdoor temporary non-smoking areas in other public places in case of need.

Article 8

Where conditions permit, outdoor smoking areas may be designated in public places and working areas not governed by Article 6 or 7 of these Regulations.

The designation of smoking areas shall satisfy the following requirements:

1. be away from the public gathering places and the main channels of pedestrians;

2. post visible signs and directions of smoking areas as well as signs publicizing in smoking areas the harm caused by smoking to health;

3. place utensils to collect ash and cigarette butts; 

4. and meet the fire safety management requirements.

Article 9

The unit where smoking is prohibited shall perform the following obligations:

1. Arrange employees or organize volunteers to dissuade individuals from smoking;

2. Carry out non-smoking publicity and education;

3. Post visible and unified non-smoking signs and the telephone number of the supervision department;

4. No utensils relating to smoking shall be placed;

5. Dissuade people from smoking in the non-smoking area; 

6. And report to the supervision department the smokers who disregard the dissuasion or refuse to leave the area.

Article 10

Every individuals may demand a smoker to cease smoking in a non-smoking area, or demand the unit where smoking in prohibited to perform its obligation to prohibit smoking, and, may report the case to the supervision department concerned where such a unit fails to perform its obligation.

Article 11

The state organs, public institutions, and personnel thereof shall abide by the regulations on smoking control and take the lead in performing the obligation of smoking control. The municipal and district health promotion commissions shall conduct inspection on smoking control on a regular basis and notify the public of the related information.

Such administrative departments as health, education, culture and tourism, sports, market regulation, transport, and commerce, and related industry associations shall incorporate the smoking control work into their respective routine administration.

Article 12

The municipal and district health promotion commissions shall organize relevant departments to strengthen the monitoring and evaluation of the smoking control work.

The Municipal Health Promotion Commission shall make public the development of the smoking control work in this Municipality every year.

Article 13

The health departments shall conduct smoking intervention work, and publish their consulting hot-lines to offer consulting services on smoking control.

Medical institutions shall provide guidance and help smokers to quit smoking.

Article 14

The whole society shall participate in smoking control.

Volunteer organizations, other mass organizations and individuals shall be encouraged to carry out publicity for and social supervision on smoking control, assist smokers in quitting smoking as well as providing advice and suggestions on smoking control.

Units and individuals shall be encouraged to report any violation hereof through the Public Service Hotline “12345” and related industry supervision hot-lines.

Article 15

The smoking control work shall be included in the evaluation of model units of this Municipality.

Article 16

The supervision and law-enforcement for the smoking control work shall be carried out according to the following provisions:

1. The education administrative departments shall be in charge of the supervision and law-enforcement for the smoking control work in all types of schools at different levels;

2. The culture and tourism departments shall be in charge of the supervision and law-enforcement of the smoking control work in cultural, sports and entertainment places, hotels, and government-protected historical and cultural sites open to the public;

3. The airport and railway law-enforcement organs, transport departments, and rail transport operation units shall, according to their respective duties, be in charge of the supervision and law-enforcement for the smoking control work in the public transport vehicles and other relevant public places;

4. The market regulation departments shall be in charge of the supervision and law-enforcement for the smoking control work in catering establishments;

5. The public security departments shall be in charge of the supervision and law-enforcement for the smoking control work in Internet service premises such as cybercafés;

6. The urban management and law enforcement departments shall be in charge of the supervision and law-enforcement for the smoking control work in public passenger lifts in the housing management areas; 

7. And the health departments shall be in charge of the supervision and law-enforcement for the smoking control work in all types of medical institutions at different levels as well as in all other public places not governed by Items 1-6 of this Article.

Article 17

The municipal and district people’s governments shall give financial support to the outlays of the monitoring and evaluation, scientific study, publicity and education, behavioral intervention, personnel training, supervision and administration relating to the smoking control work.

Article 18

Where the unit where smoking is prohibited violates the provisions of Article 9 of these Regulations, the relevant department as provided in Article 16 of these Regulations shall order it to make corrections within a prescribed time limit, and may impose a fine of not less than 2,000 yuan but not more than 10,000 yuan; if the case is serious, a fine of not less than 10,000 yuan but not more than 30,000 yuan may be imposed.

Article 19

Where an individual smokes in a non-smoking area and disregards dissuasion from smoking, the relevant department as provided in Article 16 of these Regulations shall order him/her to make corrections, and impose a fine of not less than 50 yuan but not more than 200 yuan.

Article 20

Where a person smokes in a non-smoking area, disregards dissuasion from smoking and disturbs public order, or obstructs the relevant department from performing its duties according to law, thus violating the Law of the People’s Republic of China on Public Security Administration and Imposition of Punishment, the public security department concerned shall impose punishment on him/her; where a violation hereof constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 21

Where the administrative departments and the supervision and law-enforcement organs for smoking control and personnel thereof fail to perform their duties according to law or engage in malpractice for selfish ends, the person directly in charge and others with direct responsibility shall be given disciplinary action; where a violation hereof constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 22

Shanghai Municipal People's Government shall specify the provisions on designating an indoor smoking room in a special case.

Article 23

These Regulations shall be effective as of March 1, 2010.