Implementation of the Law on the Control and Limited Use of Tobacco and Other Tobacco Products for Smoking began with the adoption of the Rulebook on the conditions for special smoking areas as exceptions to the smoking ban, which was published in the Official Gazette of the Federation of BiH No. 41 on 5 June and enters into force on 13 June 2024.
The law brings significant changes in the regulation of smoking in enclosed public and hospitality facilities throughout the Federation of BiH, and the Rulebook provides clear guidelines and specifies the conditions that must be met in order to comply with the legal provisions.
What changes does the Rulebook bring to hospitality facilities?
The Rulebook divides hospitality facilities into those up to and over 50 square meters, and introduces a distinction between facilities serving food and drinks and those serving drinks only. Accordingly, the conditions that must be met in line with the new legal provisions on the smoking ban also differ.
Owners of facilities up to 50m2 where only drinks are served may decide whether the facility will be smoking or non-smoking. If smoking is allowed, the space must be equipped with a ventilation and air filtration system, as well as a device for measuring and displaying negative pressure data. In facilities where smoking is prohibited, the use of tobacco heating technology is not prohibited, and owners do not need to make any alterations to the space.
For owners of facilities larger than 50m2 where only drinks are served or where food is served in addition to drinks, the Rulebook prescribes mandatory measures that must be taken to ensure compliance with the smoking ban. The measures include, among other things, the physical separation of the smoking area, which must not be smaller than 10m2 nor larger than 20% of the total area of the premises; equipping the area with a ventilation and air filtration system; no counter may be placed within the smoking zone, nor may food be served there. In zones where smoking is prohibited, the use of tobacco heating technology is not prohibited.
For facilities smaller than 50m2 where food and drinks are served, smoking is completely prohibited. The use of tobacco heating technology is not prohibited, and owners are not required to make alterations to the premises.
The legislator has given owners of hospitality facilities a period of six months to adapt their business operations to the new legal provisions. The process will take place under the watchful eye of the Federal and cantonal inspection authorities.
In addition to the mandatory measures, the Law also prescribes fines for all those who do not comply with the legal provisions, the application of which begins after the expiry of the six-month adaptation period; however, the provisions on the smoking ban and the punishment of natural persons come into force with the entry into force of this Rulebook.
A fine of BAM 100 will be imposed on any natural person for violating the smoking ban provision.
The owner and user of the premises are obliged to ensure the implementation of the smoking ban.
In premises and places where smoking is prohibited, ashtrays or other containers that can be used for disposing of ash must not be placed.
If a person does not comply with the smoking ban, the owner, i.e. the user of the premises or place where smoking is prohibited, is obliged to:
- a) warn the person;
- b) deny service;
- c) ask the person to leave the premises.
Legal entities face a fine of BAM 2,000 to 5,000, while responsible persons may be fined between BAM 300 and 1,000.
In this process, the Chamber of Economy of the Federation of BiH (https://kfbih.com/) is at the disposal of all its members for any additional information and assistance.
