No.98 Full Implementation of Measures Against Passive Smoking
This year, in light of the Tokyo 2020 Olympic and Paralympic Games, there is a growing demand for improved manners regarding tobacco use. As of April 1, 2020, regulations under the law and metropolitan ordinances will be fully enforced.
On July 25, 2018, the national government partially amended the Health Promotion Act, which has been implemented in stages. The main objectives are: (1) to eliminate unwanted passive smoking, (2) to pay special attention to children and patients who are particularly affected by the health impacts of passive smoking, and (3) to implement measures according to the type and location of facilities.
The provision that mandates the responsibility of the national and local governments to make efforts to prevent unwanted passive smoking was enacted on January 24, 2019. Subsequently, the regulation prohibiting smoking on the premises of schools, hospitals, child welfare facilities, and administrative agencies was enacted on July 1 of the same year, and the regulation prohibiting smoking in facilities used by a large number of people will be fully enforced on April 1, 2020.
On the other hand, on July 4, 2018, Tokyo Metropolitan Government promulgated the "Tokyo Metropolitan Passive Smoking Prevention Ordinance" and has been implementing it in stages. The purpose of this ordinance is to prevent the adverse effects of passive smoking on the health of residents.
The regulations of the Tokyo ordinance are basically in line with the Health Promotion Act, but particularly to protect children under 20 who are more susceptible to health impacts and employees who find it difficult to avoid passive smoking, stricter rules unique to Tokyo have been established.
A challenge for the full implementation in the future will be the response of each restaurant. In principle, restaurants will be smoke-free indoors, and if smoking is allowed, they must establish a "smoking room (no food or drink allowed)" or a "designated tobacco smoking room (food and drink allowed only for heated tobacco)" that meets certain standards.
Additionally, existing restaurants (those already in operation as of April 1, 2020) have been granted a grace period to ease this requirement. Restaurants managed by small and medium-sized enterprises with a total floor area of 100 square meters or less and a capital or investment amount of 50 million yen or less can allow smoking in all or part of their premises. The Tokyo ordinance further adds the condition that there are no employees.
Incidentally, regarding restaurants, it has been mandatory since September 1, 2019, to display the smoking status inside the restaurant at the entrance.
For details on the regulations of the law and the Tokyo ordinance, please check the "Tokyo Metropolitan Passive Smoking Prevention Ordinance" on the Tokyo Metropolitan Government's website or contact the Tokyo Metropolitan Passive Smoking Prevention Measures Consultation Desk (phone 0570-069690). In addition, Inagi City has implemented the "Inagi City Ordinance on Restrictions on Smoking in Public Places" as of April 1, 2018. There is a provision for a fine of 2,000 yen for violators of the prohibited acts stipulated in this ordinance. This penalty provision was set to take effect after a certain period of public notice, but in line with the implementation of the law and the Tokyo ordinance, it will take effect from April 1, 2020.
By the way, the regulation of tobacco has reached its current state after many years of intense debate and conflicting opinions.
In Europe and the United States, the basic idea is a complete indoor smoking ban with freedom outdoors, and this seems to be spreading to Asia, becoming a global standard.
In Japan, while indoor smoking separation is thoroughly enforced, regulations are also applied in outdoor areas where people gather, and outdoor regulations have been institutionalized before indoor ones.
There are criticisms of Japan regarding the differences from overseas regulations, but the initiation of regulations with penalties is a significant advancement and should be appreciated.
I believe that the content of the regulations will be reviewed in line with changes in social conditions in the future, so I appreciate your understanding and cooperation.
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