Notification of Ministry of Public Health

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Vol. 127 Special Section 40 Ngor           Government Gazette                         30 March 2010



                      Notification of the Ministry of Public Health
                                    (No. 19) B.E. 2553 (A.D. 2010)
  Re: Designating Names or Types of Public Places Where Non-Smoker's Health is under Protection
  and Designating a Zone or All Area of Such Places to be a Smoking Area or a Non-Smoking Area
              Pursuant to the Non-Smoker's Health Protection Act B.E. 2535 (A.D. 1992)
                                        __________________


        By virtue of Section 4 (1), (2) and Section 15 of the Non-Smoker's Health Protection Act, B.E.
2535 (A.D. 1992), which contains provisions in relation to the restriction of rights and liberties of
persons, for which Section 29 in conjunction with Section 32, Section 33, Section 41 and Section 43 of
the Constitution of the Kingdom of Thailand so permit by virtue of law, the Minister of Public
Health hereby issues a Notification as follows:


        Article 1. The following shall be repealed:
        (1)   Notification of the Ministry of Public Health (No. 17) B.E. 2549 (A.D. 2006) Re:
Designating Names of Categories of Public Places Where There Must be Provided Non-Smoker's
Health Protection, Designating Any or All Parts of Said Public Places as Smoking Area of Non-
Smoking Area, and Designating Conditions, Descriptions and Standards of Smoking Area of Non-
Smoking Area under Non-Smoker’s Health Protection Act B.E. 2535 (A.D. 1992), dated 24 August
2006
        (2)   Notification of the Ministry of Public Health (No. 18) B.E. 2550 (A.D. 2007) Re:
Designating Names or Types of Public Places Where Non-Smoker's Health is under Protection,
Designating a Zone or All Area of Said Public Places as a Smoking Area or a Non-Smoking Area, and
Prescribing Conditions, Descriptions and Standards of Smoking Area or Non-Smoking Area under
Non-Smoker’s Health Protection Act B.E. 2535 (A.D. 1992), dated 29 November 2007.


        Article 2. Each of the following places shall be a public place where non-smoker’s health
must be protected, whereby all area shall be designated as a non-smoking area:
        (1)   Health service and health promotion facilities

              (1.1)    Clinics, polyclinics, hospitals as well as medical premises in accordance with
laws governing medical premises
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              (1.2)   Clinics, animal hospitals as well as animal medical premises in accordance with
the laws governing animal medical premises
              (1.3)   Health centres and health service facilities of all kinds
              (1.4)   Drugstores
              (1.5)   Buildings used as place of business of Thai massage or traditional massage

              (1.6)   Buildings providing services of sauna, steam sauna or herbal sauna
              (1.7)   Buildings used as places of business of health spa, health massage or beauty
massage
        (2)   Education establishments
              (2.1)   Nurseries
              (2.2)   Schools or educational institutes lower than the higher education.
              (2.3)   Higher educational institutes, only the built-up or structured area
              (2.4)   Tutorial schools, sports schools, music schools, singing schools, acting schools,
martial arts schools, arts schools, language schools, and others

              (2.5)   Vocational training centres
              (2.6)   Learning parks, learning centres, or community learning centres
              (2.7)   Art galleries, museums, or places for holding arts or cultural shows
        (3)   Public places where people use together
              (3.1)   Exercise grounds, fields, and sports venues
                      (3.1.1)   Stadiums or places for watching all kinds of sports
                      (3.1.2)   Places for exercise, practicing sports, playing sports, or sports
                                competitions of all kinds, both indoor and outdoor
                      (3.1.3)   Swimming pools
                      (3.1.4)   Golf courses or golf driving ranges, specifically in a building and
                                roofed area
              (3.2)   Stores, Service places, and entertainment places
                      (3.2.1)   Cinema entertainment , playhouses, and theatres
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Vol. 127 Special Section 40 Ngor               Government Gazette                             30 March 2010



                          (3.2.2)   The whole banquet halls
                          (3.2.3)   Service places according to the Service Places Act B.E. 2509 (A.D.
1966), karaoke houses or other entertainment places
                          (3.2.4)   Places providing computer, internet, or games services
                          (3.2.5)   Food selling places , beverages, or foods and beverages with an air-
conditioning system
                          (3.2.6)   Food selling places, beverage selling places, or food and beverage
selling places without any air-conditioning system, only the area where foods, beverages, or foods and
beverages are served
                          (3.2.7)   Department stores and shopping malls
                          (3.2.8)   Exhibition halls and places for distribution or display of products or
services
              (3.3)       Lobbies and hallways within the buildings
                          (3.3.1)   Hotels, resorts, or bungalows

                          (3.3.2)   Rented rooms, dormitories, apartments, courts, or similar places
                          (3.3.3)   Apartments or condominiums
              (3.4)       General service places
                          (3.4.1)   Oil or gas service stations, only the built-up or structured areas
                          (3.4.2)   Buildings or places used for holding meetings, training, seminars, or
recreational activities
                          (3.4.3)   Barber’s shops, beauty salons, dressmaker’s shops/ tailor’s shops
              (3.5)       Workplaces
                          (3.5.1)   Workplaces of state agencies, state enterprises or any other government
agencies, only the buildings or structured areas
                          (3.5.2)   Private entity’s workplaces, only the built-up or structured areas
                          (3.5.3)   Banks or financial institutions
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Vol. 127 Special Section 40 Ngor               Government Gazette                           30 March 2010



                      (3.5.4)   Industrial factories or places of business where goods are produced,
only the built-up or structured areas
              (3.6)   General public places
                      (3.6.1)   Libraries
                      (3.6.2)   Toilets

                      (3.6.3)   Public telephone booths or areas providing public telephone services
                      (3.6.4)   Passenger lifts
                      (3.6.5)   Parks, zoos, and amusement parks
                      (3.6.6)   Playgrounds
                      (3.6.7)   Historical parks, historical sites, botanical parks, national parks or
parks, only the built-up or structured areas
                      (3.6.8)   Markets including the places provided for sellers to gather and display,
sell, or trade goods or services, regularly or temporarily organized on a designated date
        (4)   Public vehicles and stations

              (4.1)   Public vehicles in active service, either with or without passengers
                      (4.1.1)   Fixed route buses
                      (4.1.2)   Taxis
                      (4.1.3)   Trains and trams
                      (4.1.4)   Taxi vans
                      (4.1.5)   School or university buses of all kinds
                      (4.1.6)   Common passenger vehicles used by state agencies, state enterprises or
any other government agencies
                      (4.1.7)   Cable cars
                      (4.1.8)   Passenger boats
                      (4.1.9)   Planes
                      (4.1.10) Other passenger vehicles, either with or without fixed routes
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              (4.2)    Stations
                       (4.2.1)    Passenger shelters, bus stops, and areas used for waiting before or after
the use of passenger vehicles of all kinds
                       (4.2.2)    All kinds of land transport stations, only the buildings, platforms and
areas under the roof

                       (4.2.3)    Train stations, only the buildings, platforms, and areas under the roof
                       (4.2.4)    All kinds of passenger piers, the buildings, areas under the roof, and
the waiting areas
                       (4.2.5)    Domestic airports, only the buildings and areas under the roof
        (5)   Religious places or places for performing religious rites of various religions and sects,
such as temples, mosques and churches

        Article 3. The following places shall be public places where non-smoker’s health must be
protected, whereby they all shall be designated as non-smoking areas; however, a “smoking area”
may be specifically provided:

        (1) Higher educational institutes, apart from the built-up or structured areas
        (2) Oil or gas service stations, apart from the built-up or structured areas
        (3) Workplaces of state agencies, state enterprises or any other government agencies, apart
from the built-up or structured areas

        (4) International airports

        Article 4. Any public place where the word “building” is not specified shall include an area
used for operating such missions as well, whether or not it is fenced.
        For any public place whose boundary is not designated or not clearly designated, the area shall
be based on the circumstances whether or not smoking is a nuisance to other persons.

        Article 5. This Notification shall come into force after the lapse of 90 days from the day
following the date of its publication in the Government Gazette.


                       Notified on this 27th day of February B.E. 2553 (A.D. 2010)
                                             Jurin Laksanavisit

                                          ( Mr. Jurin Laksanavisit )

                                  Minister of the Ministry of Public Health

				
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