In two days or from Friday 13. June, the new Rulebook on the Prohibition of Smoking in the Federation of Bosnia and Herzegovina – a law for months of public hearings, disagreements, but also concerns, especially among the caterers.
Although new rules have been applied for six months, so far the supervision has had exclusively preventive character. But from Friday – inspectors start writing penalties. They are not at all symbolic: 1,000 km to as many as 15,000 km range.
The Ordinance does not leave a lot of space for improvisation. If catering facilities want to have special rooms in which smoking is allowed, they must meet a range of detailed technical, visual and health conditions.
The markings on the door must be made correctly according to the prescribed instructions: Format A4, Font Arial 28 Bold, clear messages of smoking and ban entering minors. Even the smallest failure in visual signaling can mean – punishment.
Smoking rooms must be completely closed, physically separated from the rest of the building, without the possibility of passing through them. The size must be between 10 square meters and a maximum of 20% of the total area of public space. Food and drink are strictly prohibited. The door must be closed automatically, in the event of ventilation failure – the system must automatically signal the smoking barring.
The legislator tried to make this measures to clear: the protection of non-smokers, especially children and health endangered, has priority. Smoking is still permitted – but under very strict conditions, which in many cases require significant investment in space adaptation. This is especially difficult for smaller caterers, which have been operating on the verge of cost-effectiveness for years.
There is already a question in public – how realistic and implemented regulations is this regulation? Will smaller cafes have money and technical possibilities for furnishing special smoking rooms according to new standards? Or will it, in fear of punishment, completely ban smoking – and lose part of the guests?
The law prescribes strict penalties for violation of the provisions. Legal entities may be penalized with 3,000 km to 15,000 km, a responsible person within a company from 1,000 km to 3,000 KM, while natural persons – employers can be penalized with 1,000 km to 1,500 KM. If a misdemeanor refers to several omissions (eg lack of labels, food consumption in the smoking room, the presence of minors), penalties are added.
Inspections have not currently been sentenced, but confined corrective surveillance. But since 13. June it changes. Penalties become a reality, and the responsibility will be borne by all: and space owners, and responsible persons, and space users.
The new regulations clearly demonstrates the intention of smoking from the public space systematically squeezes. But real challenges come only now – with the beginning of repressive application of the law. Inspectors will need to balance between strict and understanding, and caterers between the law and reality.
Like many laws in BiH, this will be tested in the field: Will the mass closure of “Smoking Cafes”? Will inspections be able to cover all objects and consistently conduct supervision? And whether the law, which essentially has a noble purpose, be another example of bureaucratic crossrupting in practice, writes Hayat TV.
