Closed areas are the places which has a fixed or portable ceiling or roof (tent, awning and etc.), the places side surfaces of which are completely covered either temporarily or pemanently except for its windows and side ways; and the places which in the same way has ceilings or roofs and side surfaces of which are half or more than half covered.
1- Places Where Tobacco Product Consumption is Forbidden
– Coffeehouses, cafes, pubs, hookah smoking venues, clubs belonging to associations and foundations as well as entertainment services, including the businesses and restaurants, indoor areas of all buildings belonging to public and private legal persons
– Road, rail, sea and air public transport including taxi service providers
– Not only closed areas but also open areas of primary and secondary education institutions and early childhood education schools, classrooms, cultural and social service buildings including private education and training institutions.
– Closed indoor public area like stairs or elevators of apartments
2- Places Where Tobacco Product Consumption is not Forbidden
– Open areas of all the buildings belonging to public and private legal persons, coffeehouses, cafeterias, pubs, hookah smoking venues , the clubs belonging to associations and foundations as well as entertainment services to businesses and restaurants
– Off residential houses
– The places where can be allocated specially to the consumption of tobacco products, and where the law accepts them as exceptions
a. Senior houses (10%)
b. The units where mental and nervous patients are cared for on beds (10%)
c. Penal institutions (10%)
d. Means of long distance or international maritime routes carrying passengers decks (10%) (People who are under 18 are not allowed to enter these places)
e. Facilities where all kinds of outdoor sports, culture, arts and entertainment activities are conducted (50% of all the audience area)
f. Accomodation rooms of some hotels which are allocated to the customers who consume tobacco products
a) Fine to be Applied for the Person
According to the Misdemeanor Law Act 39, fine to be given for the people who consume tobacco and tobacco products in the closed areas is as follows;
– According to the public officials authorized by the supervisor of the administrative unit in public service buildings and publicly owned public transport vehicles,
– According to the law enforcement unit officials who are first referenced in special public transport
– According to the nearest law enforcement unit officials in buildings owned by private persons, a 75 TL administrative fine is applied (for the year 2011)
b) Fine to be Applied for the Businesses
Responsibility of Business Owners and Managers:
The Businesses who do not fulfill its obligations related to the implementation of prohibitions and taking measures are send a written warning by the institution which permits operating. The ones who do not fulfill their responsibilities within the given time period despite the warning are punished with an administrative fine approximately between 600 TL and 6000 TL by the municipal council within the municipal boundaries and by the local administrative authority out of the municipal boundaries. (for the year 2011)
If the business is a public institution, a disciplinary action is taken for the civil servants and public officals who do not fulfill their responsibilities.
3- Other Prohibitions
a) Preventing the Damage of Tobacco Products on the Environment
An administrative fine of 26 TL (for the year 2011) is applied for the ones who throw cigarette butts, packets, paper and such wastes in relation with tobacco consumption and give harm to the environment by the municipal police officers according to the Misdemeanor Law Act 41.
b) Posting Legal Warnings
– Warnings which mention about the places where tobacco consumption is banned, which mention about the legal regulations and the results of not obeying these regulations, and the warnings which are written according to the laws determined by Tobacco and Alcohol Market Regulatory Authority (TAMRA)
– ‘Information:…..’ part in the legal warnings are filled with the contact information of the person who is authorized by the unit supervisor in public institutions and with the contact information of the nearest law enforcement unit in businesses belonging to private legal persons.
– Warnings which are written in relation to the ban on selling tobacco products to the people under 18 in the places where tobacco products are sold shall be hung on the walls where they can be seen by everybody according to the laws determined by TAMRA.
He ones who do not hang these related warnings according to the regulations are given an administrative fine of 1200 TL (for the year 2011) by the local administrative authority.
c) Advertising-Promotional Activities
– Advertising and promotional activities of tobacco products cannot be conducted by using the brands or symbols of the manufacturing firms; campaigns which encourage such kinds of products cannot be organized; facilities cannot be supported or sponsored by means of using names, emblems, or symbols of those firms which has a market place in tobacco industry and manufactures tobacco products.
– An application which will lead to the recognition of tobacco products and their brands cannot be used in the vehicles belonging to the firms which are in tobacco sector.
– Tobacco products which are manufactured and marketed cannot be distributed to the dealers and consumers as incentives, gifts, giveaways, promotions, bonus or help.
– Notifications cannot be declared through using the names, logos or emblems of tobacco products; advertisement cannot be allowed in the press and publication industry.
The ones who conduct such facilities of advertising, publicity, promotion, or sponsorship by using the names, logos, or symbols of tobacco products or manufacturing firms are fined between 60.000 TL and 300.000 TL according to the laws and regulations of TAMRA.
– The ones who produce, sell or distribute products like candies, gums, crisps, toys ,clothes ,accessories and etc. that reminds of tobacco products shall be fined between 25000 TL and 125000 TL by the municipal council within the municipal boundaries and by the local administrative authority out of the municipal boundaries (for the year 2011).
– An administrative fine of 75 TL (for the year 2011) shall be applied to the people who wear or carry the names, emblems, symbols, and clothes or accessories that remind of tobacco products according to the Misdemeanor Law Act 39.
d) Regulations related to Broadcasting Organizations:
1) By Turkey Radio and Television Corporation (TRTC) regulations, private television institutions and radios broadcasting both nationally and locally shall broadcast educational programmes about the harms of tobacco products and other health-harming products at least 90 minutes each month. A minimum of 30 minutes of these broadcasts shall be between the hours 05:00 pm and 10:00 pm, and the rest shall be broadcasted between the hours 08:00 am and 10:00 pm.
The broadcasting institutions which do not confirm these regulations are fined by TRTC (for the year 2011) as follows:
2) An administrative fine shall be applied by TRTC on the broadcasting institutions which make use of tobacco products in the programmes, TV shows, soap operas, music clips, advertisement and commercials and which let those kinds of images appear on TV; and the fines are as follows (for the year 2011);
Those kind of violations can be reported directly to TRTC by the person who acknowledges and recognizes the violation.
e) Regulations related to the Sale of Tobacco Products:
1) An administrative fine of 1.200 TL (for the year 2011)is applied on the people who sell tobacco products in the places where health, education and training, culture and sport services are conveyed. This fine is conducted by the municipal council within the municipal boundaries and by the general law enforcement out of the municipal boundaries.
2) The ones who sell tobacco products to the people under 18 and provide them with tobacco products shall be punished by imprisonment between 6 or 12 months according to the provisions of Article 194 in Turkish Penal Code entitled as the ‘provision of health-harming substance’.
3) An administrative fine shall be applied by the local administrative authority on the ones who employ people under 18 for the sale and marketing of tobacco products in the tobacco manufacturing business. This fine shall be 1.200 TL for each person employed under 18 (for the year 2011).
4) The ones who do not confirm the regulations in the packaging and labelling of tobacco products are punished by TAMRA with an administrative fine and charged with the market price of the products sold in the market stores. However, the amount of fine to be given cannot be less than 300.000 TL.
5) The ones who sell tobacco products via electronic media such as television and internet or by automatic machines and the ones who distribute them through cargo or mail shall be fined according to the regulations of TAMRA.
6) The ones who sell tobacco products one by one through opening the package or dividing the packages into smaller ones shall be given an administrative fine by TAMRA in accordance with the law; number 4788, item 8, and subparagraph (j). This administrative fine is between 1.200 TL and 12.000 TL (for the year 2011).
7) In accordance with the regulations of TAMRA, the ones who encourage the sales of tobacco products by means of enabling them to be seen outside the enterprise or by means of selling them in the places where people under 18 can directly reach tobacco products shall certainly be fined.