Israel Restrictions on smoking (Public Places) Law, 5743-1983*

StrawberriesIsrael has legislation concerning smoking in public spaces. Below is an unofficial translation of the legislation.

Prohibition of Smoking

1. (a) No person shall smoke in a place specified in the Schedule

(hereafter referred to as a "public place”).

(b) No person shall hold a lighted cigarette, cigarillo, cigar or pipe in a public place.

(c ) The Minister of Health may vary the Schedule by order, with the approval of the Labour and Social Affairs Committee of the Knesset.

Affixing of Signs

2. (a) The actual occupier of a public place, other than a lift for the carriage of persons in a residential building, shall affix signs therein indicating the prohibition of smoking therein and shall keep them in proper condition.

(b) The manufacturer or importer of a lift intended for the carriage of persons in a residential building shall, before it is put into use, affix a sign therein indicating the prohibition of smoking therein.

(c) The Minister of Health may, by regulations, issue provisions as to the form, number, size and contents of the signs, the modes of affixing them, the places where they shall be installed and the duty of illuminating them.

Permit for Smoking in Cinema

3. (a) In the area of a local authority, other than a regional council, where there are more than five cinemas, there may be one cinema in part of which – allotted for that purpose – the provision prohibiting smoking during the screenings of the films shall not apply.

(b) The council of the local authority shall designate the cinema referred to in subsection (a) – naming the occupier – according to such rules and for such period as the Minister of Health may prescribe.

(c) The actual occupier of a cinema designated under subsection (b) shall affix at the entrance to the cinema a notice stating that smoking is permitted in a part thereof allotted for that purpose.

Penalties

4. (a) A person who contravenes the provisions of section 1 shall be liable to a fine of 5,000 shekels.**

(b) A person who contravenes the provisions of section 2 shall be liable to a fine of 10,000 shekels.**

Responsibility for an Offence

5. Where an offence under section 2 is committed by a body of persons, every person who at the time of its commission is an active director, or a partner, other than a limited partner, thereof or a senior employee thereof responsible for the field in question shall also be guilty of the offence, unless he proves that it was committed without his knowledge and that he took all reasonable measures to ensure compliance with the said section.

Moneys of Fines to Go to Local Authority

6. Fines paid, upon the exercise of the power of an employee of a local authority, for an offence under this Law committed within its area, shall be transferred to the fund of that local authority.

Power of Entry

7. A police officer, and a local authority employee empowered by the head thereof for the purpose of this Law (hereafter referred to as an "inspector”) may at any reasonable time enter any place to ascertain whether the provisions of this Law and the regulations thereunder are complied with; provided that they may only enter the places specified in paragraphs 2,4,5 and 6 of the Schedule after notifying their intention to do so to the occupier of the place or to a person employed therein.

Power of Inspector or Usher to Demand Identification

8. (a) Where a person smokes or holds a lighted cigarette, cigarillo, cigar or pipe, in a public place within sight of an inspector or usher, the usher or inspector may require him to identify himself and, if he refuses, may detain him in that place until a police officer arrives, but not for more than one hour.

(b) For the purposes of this section, “usher” means a person whom the owner or actual occupier of a place specified in paragraph 1,2,4 or 5 of the Schedule has appointed to be an usher in that place and who wears a conspicuous badge attesting to his appointment and can produce a certificate as to his appointment as an usher.

(c) The Minister of Health shall, by regulations, prescribe provisions as to restrictions on the appointment of an usher, the certificate to be issued to him, the form of the badge and the manner in which it shall be worn.

Power of Driver

9. (a) The driver of a vehicle in which smoking is prohibited by the provisions of this Law may prohibit a person smoking or holding a lighted cigarette, cigarillo, cigar or pipe from entering the vehicle.

(b) Where a person smokes, or holds a lighted cigarette, cigarillo, cigar or pipe, in a vehicle, as aforesaid, within sight of the driver, the driver may require him to identify himself and, if he refuses to do so, may detain him in the vehicle until a police officer arrives, but not for more than one hour, or may take him in the vehicle to the nearest police- station.

Saving of Provisions

10. The provisions of this Law shall add to, and not derogate from, any provision as to the prohibition of smoking laid down by any law. Status of the State

11. The provisions of section 2 (a) shall apply also to the State. Amendment of Courts Act

12. In the Second Schedule to the Courts Law, 5717-1957, the following item shall be added at the end:

“18. The Restriction on Smoking (Public Places) Act, 5743-1983”.

Implementation and Regulations

13. The Minister of Health is charged with the implementation of this Law and may, with the approval of the Knesset Labour and Social Affairs Committee, make regulations for its implementation, including regulations as to modes of supervising such implementation.

Coming into Force

14. This Act shall come into force on the 28th Shvat, 5744 (1st February, 1984).

SCHEDULE:

(Section 1 – public places within the meaning of the Law)

1. A hall generally used as a cinema or theater, or for concerts, opera or dance performances; also a room or hall used for conferences, lectures or meetings, including its corridors and lobby, with the exception of an entirely separate room set aside by the management for smoking during performance intervals, if any, and whose area shall not exceed a quarter of the space allocated for the public to occupy during these intervals, and provided that it have properly working ventilation facilities and that smoking in it not constitute a nuisance in other parts of the place. Nothing in the provisions of this section, or in the provision of any other section of this Schedule, shall derogate from a prohibition of smoking by virtue of any existing law or prevent the owner or occupier of a public place from prohibiting smoking in it. [amended 2001]

2. Any place in a hospital or clinic building [amended 2001]

3. The section open to the public in a pharmacy.

4. A reading hall or reading room in a library open to the public, except places, if any, allotted by the management where smoking is permitted, and provided that it has properly working ventilation facilities and that smoking in it not constitute a nuisance in other parts of the place. [amended 2001]

5. Any place in a building used as an educational institution or an institute of higher education, including student living quarters, with the exception of an entirely separate room, if any, set aside for smoking by the management of a institution for post high school education having students over 18 years of age (hereafter — an institute of higher education) and a room in an institute of higher education’s living quarters in which only smokers live, provided that it have properly working ventilation facilities and that smoking in it not constitute a nuisance in other parts of the place, and with the exception of rooms for management and staff, to which section 15 of this Schedule applies. [amended 2001]

6. A lift for the carriage of persons

7. A bus while there are passengers in it; in this paragraph “bus” has the same meaning as in the Traffic Regulations, 5721-1961.

8. A taxi and a minibus while there are passengers in them; in this section, “taxi” and “minibus” have the same respective meanings as in the Traffic Regulations, 5721-1961.

9. A train while there are passengers in it, except for a carriage which has been designated for smoking, provided that, in a train having only one carriage, that carriage may not be so designated, nor the carriage in which food and beverages are sold, nor the only carriage in which reserved seats are sold. [added 1988]

10. A shop. [added 1988; amended 2001]

11. A restaurant, snack bar, coffee shop, or any other eating place (hereafter — eating places), with the exception of an entirely separate room, if any, set aside for smoking by the management of the eating place, provided that the said room have properly working ventilation facilities, that smoking in it not constitute a nuisance in other parts of the eating place, and that its area shall not exceed a quarter of the space open to the public. [added 1988; amended 2001]

12. A room or hall, open to the public, used for physical activity or sport. [added 1990]

13. A nursery school, kindergarten, crèche or children’s home [added 1990]

14. A room or space open to the public in a bank, post office, or postal agency, or another place used by the public, or a room, hall or corridor used as a waiting area, with the exception of an entirely separate room, if any, set aside for smoking by the management of the place, provided that it have properly working ventilation facilities and that smoking in it not constitute a nuisance in other parts of the place. [added 1990; amended 1994 & 2001]

15. A workplace, except for that part which is a room or a hall in which smoking has been expressly permitted by the person in charge, after consulting with the employees (hereafter — smoking area), provided that in the smoking area there are no nonsmokers; smoking in the smoking area is permitted on condition that it have properly working ventilation facilities and that smoking in it does not cause a nuisance in other parts of the building. A room or hall in which only smokers are employed or present shall be deemed a smoking area without being so declared by the person in charge. For this purpose, a workplace is any place in a building in which people are employed and which is not a dwelling. [added 1994; amended 2001]

16. An area open to the public in a shopping mall, except for a place of business specified elsewhere in this Schedule, and with the exception of an entirely separate room, if any, set aside for smoking, provided that it have properly working ventilation facilities and that smoking in it not constitute a nuisance in other parts of the place. [added 2001]

17. A hall hired for celebrations and similar gatherings, with the exception of an entirely separate room, if any, set aside for smoking, provided that the said room have properly working ventilation facilities and that smoking in it not constitute a nuisance in other parts of the hall and that its area not exceed a quarter of the space open to the public. [added 2001]


* Unofficial translation, as.amended in 1988, 1990, 1994 and 2001.

Passed by the Knesset on the 16th Av, 5743 (26th July, 1983) and published in Laws of the State of Israel No. 1090 of the 25th Av, 5743 (4th August, 1983), p. 148; the Bill and an Explanatory Note were published in Bills No. 1632 of 5743, p. 195.

** As of 2003 the fine is 310 NIS and 630 NIS, respectively (approximately 64 US$ and 131 US$).

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