No.98 Full Implementation of Measures Against Passive Smoking

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Page ID 1005859 Update DateDecember 16, 2024

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This year, in light of the Tokyo 2020 Olympic and Paralympic Games, there is a greater demand for improved manners regarding tobacco, and as of April 1, 2020, the regulations of the law and metropolitan ordinances will be fully enforced.
On July 25, 2018, the government partially revised the "Health Promotion Act" and has been implementing it gradually. The purpose is to (1) eliminate unwanted passive smoking, (2) pay special attention to children and patients who are particularly affected by the health impacts of passive smoking, and (3) implement measures according to the type and location of facilities, which are the three basic principles outlined.
The regulations to "endeavor to prevent unwanted passive smoking" as the responsibility of the national and local governments came into effect on January 24, 2019. Next, the regulations for "no smoking on the premises of schools, hospitals, child welfare facilities, and administrative agencies" came into effect on July 1 of the same year, and the "no smoking regulations in facilities used by a large number of people" will be fully implemented on April 1, 2020.

On the other hand, Tokyo Metropolitan Government promulgated the "Tokyo Metropolitan Passive Smoking Prevention Ordinance" on July 4, 2018, 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 metropolitan ordinance are basically in accordance with the Health Promotion Act, but in particular, to protect children under 20 who are more susceptible to health impacts and employees who are difficult to protect from secondhand smoke, the metropolitan government has established rules that are stricter than the law.
The challenge in the full implementation going forward will likely be the response from each restaurant. In principle, restaurants will be non-smoking indoors, and if smoking is permitted, they must establish a "smoking room (no food or drink allowed)" that meets the standards or a "designated tobacco smoking room (food and drink allowed only for heated tobacco)."
In addition, existing restaurants (those that were already in operation as of April 1, 2020) have been granted a transitional measure to relax this for a certain period. Restaurants operated by small and medium-sized enterprises with a floor area of 100 square meters or less, and with a capital amount or investment amount of 50 million yen or less, can allow smoking in all or part of their premises. Furthermore, the Tokyo Metropolitan Ordinance adds the condition that there are no employees.
By the way, regarding restaurants, the display of the smoking situation inside the establishment has been made mandatory since September 1, 2019.
For details on the regulations of laws and metropolitan ordinances, please check the "Tokyo Metropolitan Passive Smoking Prevention Ordinance" on the Tokyo Metropolitan Government's website or contact the Tokyo Metropolitan Passive Smoking Prevention Consultation Desk (Phone: 0570-069690). Additionally, Inagi City has enacted the "Inagi City Ordinance on Restrictions on Smoking in Public Places" which came into effect on April 1, 2018. There is a provision for a fine of 2,000 yen for violators of the prohibited acts defined in this ordinance. This penalty provision was set to take effect after a certain awareness period, but in line with the enforcement of the law and metropolitan ordinances, it will now take effect from April 1, 2020.

By the way, the regulation of tobacco has reached its current content amid years of intense debate and conflicting opinions.
The basic idea in Europe and the United States is a complete indoor smoking ban, with freedom to smoke outdoors, and this seems to be spreading to Asia and becoming the global standard.
In Japan, while indoor smoking separation is thoroughly enforced, regulations are also applied in outdoor areas where people gather, and the outdoor regulations have been institutionalized before those indoors.
There are opinions criticizing Japan regarding the differences from overseas regulations, but the fact that regulations with penalties are starting is a significant advancement and should be appreciated.
I believe that 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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