SAN JOSE – Minister of Public Health Daisy Corrales has sent instructions to regional directors in Costa Rica to notify private businesses that they should immediately begin taking down all “Area de Fumado” (Smoking Area) signs. The old signs should be discarded and replaced with the new “Prohibido Fumar” 8.5″ x 11″ official posters.

The measure described above can be implemented now, without having to wait for the issuance of the complex rulemaking scheme that is currently being considered by public officials with regard to the new taxation and control of tobacco products.

Each business owner will be held liable and responsible for making sure that the law is applied and enforced within each establishment. Should business owners encounter opposition from their patrons, they will be obligated to ask them to leave.

The list of establishment and venues where smoking is now prohibited is extensive. Here are some of the places mentioned by the Health Ministry:

• Hospitals and clinics
• Workplaces in general
• Public institutions and their facilities
• All public and private centers of education
• Shopping centers, casinos, dance clubs, bars, and restaurants
• Elevators
• Automated tellers and payphones, within a 5 meter radius
• Public transportation vehicles and terminals
• Movie theaters, museums, auditoriums, libraries, and other cultural activity centers

For a full list, please check the website of the Ministry of Health.

First Legal Challenge

While the anti-smoking and tobacco control law has already been reviewed by Sala Cuarta (Constitutional Hall), the ruling that cleared the passing of the legislation and its enactment is not expected to be the last legal challenge.

Manuel Burgos, president of the Costa Rican Chamber of Restaurant Owners, commented on Radio Reloj that the chamber considers the law will “bring much damage to the country”, particularly in relation to the proposed taxation of cigarettes. Mr. Burgos thinks that the measure will create a black market and cause unregulated tobacco products to enter mainstream consumption.

Mr. Burgos added that he does not anticipate a major loss of patrons as a result, although his group is expected to file a legal complaint that will outline how the rights of business owners are being affected.