Shenzhen Upgrades Smoking Ban: E-Cigarettes Now Included, Violators to Be Fined On the Spot

The "strictest smoking control regulations" known as the Shenzhen Special Economic Zone Smoking Control Regulations will be further "upgraded," expanding the scope of prohibited smoking areas and including e-cigarettes in the smoking control category. The "Amendment (Draft) to the Shenzhen Special Economic Zone Smoking Control Regulations" was submitted for review at the meeting of the Municipal People's Congress Standing Committee yesterday.

Some e-cigarettes may even pose greater harm

Shenzhen plans to include e-cigarettes in the smoking control category

The Shenzhen Special Economic Zone Smoking Control Regulations officially came into effect on March 1, 2014, achieving good results. However, the emergence of new tobacco products has posed new challenges to smoking control efforts. In recent years, e-cigarettes have rapidly developed under slogans like "replacing traditional cigarettes" and "healthier and more fashionable," gaining popularity among young smokers. Research indicates that e-cigarettes are not as harmless as advertised, and some e-cigarettes may even be more harmful. Currently, 42 countries and regions worldwide have banned or restricted the use of e-cigarettes in public places.

The current draft amendment clearly includes the use of e-cigarettes in the scope of smoking, meaning that in the future, Shenzhen's non-smoking areas will prohibit not only the lighting of tobacco products and traditional cigarettes but also the use of e-cigarettes.

Bus stops included in the smoking ban

The draft amendment moderately expands the scope of prohibited smoking, including within five meters of entrances and exits of public transportation stations, outdoor platforms of public transportation, and waiting areas outside sports venues. The relevant person in charge of the Municipal People's Congress Standing Committee stated that these areas have high foot traffic and are densely populated, covering all age groups, including minors, pregnant women, and the elderly. These places generally require a better smoke-free environment to protect public health due to longer waiting times.

Violators can be fined on the spot

According to the current smoking control regulations, smoking in non-smoking areas and ignoring the advice of venue operators or managers can result in fines ranging from 50 to 500 yuan. However, many people often exploit this "loophole," repeatedly claiming "I wasn't advised" to evade penalties, which has been a headache for law enforcement. Therefore, the draft amendment removes the requirement for "advice from operators or managers" as a necessary condition for penalties; as long as someone is smoking in a non-smoking area, law enforcement can impose a fine of 50 yuan and confiscate the items on the spot.

Correspondingly, the draft amendment also removes the clause requiring a warning to venue operators before imposing fines for failing to fulfill smoking control responsibilities, allowing for immediate penalties upon first violation without a "grace period."

Currently, venue operators and managers who fail to fulfill their smoking control responsibilities face fines of 30,000 yuan. Many operators have expressed that these fines are too severe. Therefore, the draft amendment introduces a tiered penalty system for venues—ordering a deadline for correction and imposing a fine of 1,000 yuan; if the same clause is violated again after administrative penalties, a fine of 10,000 yuan will be imposed; and if there are obstructive behaviors during enforcement, a fine of 30,000 yuan will be imposed.

No tobacco products can be sold within 100 meters of primary and secondary schools

According to evaluations of the effectiveness of smoking control enforcement, 93% of schools have tobacco sales points within 100 meters, and about 70% of these do not have health hazard warnings or signs prohibiting the sale of tobacco products to minors. To better protect minors from the influence of tobacco products, this revision specifically stipulates that tobacco products cannot be sold within 100 meters of kindergartens, primary and secondary schools, youth palaces, and children's activity centers. Otherwise, the market supervision department will order corrections and impose a fine of 30,000 yuan.

Penalties for tobacco sellers who fail to set up relevant signs have also been increased—first-time violations will incur a fine of 1,000 yuan; if the same clause is violated again after administrative penalties, a fine of 5,000 yuan will be imposed; and if there are obstructive behaviors during enforcement, a fine of 10,000 yuan will be imposed.