Non-smoking laws in Switzerland

There are nonsmoker protection laws in Switzerland at federal and cantonal level.

Federal level

The federal law on protection against passive smoking has been in force in Switzerland since May 1, 2010 . All closed rooms must be smoke-free if they are accessible to the public or if several people serve as a workplace. Smoking remains permitted in separate, staffed smoking rooms, in smoking establishments with a maximum area of ​​80 m², outdoors and in private households.

Public transport has been smoke-free since December 11, 2005, but smoking is still allowed in parts of most train stations. The smoking ban also applies to international trains when they are traveling in Switzerland, as well as to international trains with Swiss rolling stock abroad.

The cantons may issue stricter regulations. In 15 cantons, the protection of non-smokers is more strictly regulated, the cantonal laws therefore remain in force for: Appenzell Ausserrhoden, Bern, Basel-Stadt, Basel-Landschaft, Friborg, Geneva, Graubünden, Neuchâtel, St. Gallen, Solothurn, Ticino, Uri, Vaud, Valais and Zurich.

In a survey on behalf of the Swiss Cancer League , which was carried out in November 2005, three out of four Swiss citizens advocated a general ban on smoking in public spaces. Two out of three Swiss interviewed want to see such a smoking ban extended to all cafés and restaurants. In the cantonal referendums there was usually a very clear majority in favor of a (strict) smoking ban. B. on September 27, 2009 in Geneva, where over 81% voted for the smoking ban. The Gastronomy Association GastroSuisse , the largest of catering work donor association in Switzerland, who had previously spoken for a long time against a smoking ban, now advocates "served fumoirs and actual smoking establishments." The association appeals to its members to set up smoke-free areas wherever possible, instead of unambiguously pursuing a policy for smoke-free restaurants. Hotel & Gastro Union , the leading organization for employees in the Swiss hospitality industry, on the other hand, demands comprehensive health protection against passive smoking for all employees and the same rules without exceptions for all restaurants.

The term “smoking ban” was chosen as word of the year 2006 in German-speaking Switzerland .

On September 23, 2012, 66 percent of the electorate voted against the nationwide popular initiative "Protection against passive smoking", which wanted to raise the smoking ban throughout Switzerland to the level of the strictest cantons. The majority of non-smokers also rejected the planned tightening. Thus, the differently strict exemptions in the cantons remain in place.

Cantons

The federal law sets minimum requirements for protection against passive smoking and provides that the cantons may issue further regulations to protect health. As of January 1, 2011, 15 cantons decided to ban smoking establishments. In eight cantons, no service is permitted in the smoking rooms.

Smoking bans by the cantons in gastronomy:

Unattended smoking rooms allowed (smoking establishments prohibited)

Staffed smoking rooms allowed (smoking establishments prohibited)

Serviced smoking rooms and smoking establishments (up to 80 m²) permitted

Canton

 Aargau

(Federal law is default )

In the canton of Aargau , the federal law and ordinance on protection against passive smoking came into force on May 1, 2010. There is no further cantonal legislation. Smoking is therefore prohibited in all closed, publicly accessible rooms as well as in all rooms that serve as a workplace for several people. Smoking rooms are permitted in companies if they are separated, adequately ventilated and marked as smoking rooms, and do not serve as a passage to other rooms and have self-closing doors. Smoking rooms are also permitted in catering establishments if they have less than a third of the total area of ​​the bar and if the employees have given written consent to work in these rooms. Smoking bars can be operated on the condition that they have a maximum of 80 square meters of serviced space and that they have been registered as smoking bars with the Office for Consumer Protection.

 Appenzell Ausserrhoden

(Federal law is default )

In the canton of Appenzell Ausserrhoden , the federal law and ordinance on protection against passive smoking came into force on May 1, 2010. The cantonal health law also prohibits smoking rooms. Separate smoking rooms are permitted on condition that they meet the requirements of federal law.

 Appenzell Innerrhoden

(Federal law is default )

In the canton of Appenzell Innerrhoden , the federal law and ordinance on protection against passive smoking came into force on May 1, 2010. There is no further cantonal legislation.

 Basel-Country

(Federal law is default )

In the canton of Basel-Landschaft , a referendum on May 17, 2009 with 65 percent yes votes (unattended smoking rooms permitted) came into force on May 1, 2010. Furthermore, smoking rooms have been abolished.

 Basel city

(Federal law is default )

In September 2008 a vote in the canton of Basel-Stadt approved an initiative calling for a smoking ban. Smoking is only allowed in unattended, separated rooms. The corresponding law came into force on April 1, 2010. However, some gastronomic businesses have joined together to form the “ Fümoar ” association. Smoking is still permitted in their premises, as only members are allowed to enter. On November 27, 2011 a popular initiative to relax the law of April 1, 2010 failed: The difference was 212 votes or 0.46%. In 2012 a federal court ruled that Fümoar-Lokal would violate the smoking ban for restaurants and that it was a circumvention of cantonal legislation. The Federal Supreme Court also argued that the provisions of the cantonal smoking ban could be questioned again by a popular initiative.

 Bern

(Federal law is default )

In the canton of Bern , a smoking ban in the catering trade (bars and restaurants as well as smokers' bars) has been in effect since July 1, 2009. However, staffed smoking rooms are allowed.

 Freiburg

(Federal law is default )

In the canton of Friborg , on January 1, 2010, a referendum enforced smoking ban in the catering trade. Smoking rooms without service are allowed, but are only used by a minority of the hosts.

 Geneva

(Federal law is default )

In the canton of Geneva , after a long back and forth - several referendums and court hearings - the ban on smoking in restaurants was adopted. Already in March 2008, the Geneva electorate had accepted the constitutional initiative “Passive smoking and health” (without smoking rooms) with 80 percent votes in favor. On September 27, 2009, those entitled to vote rejected the referendum against the “Law on the Ban on Smoking in Public Spaces” (with smoking rooms) with 82 percent of the vote. In 2013, an absolute smoking ban in the park was introduced by the World Health Organization .

 Glarus

(Federal law is default )

Canton of Glarus : In mid-September 2009, the government council asked parliament to propose federal regulation to the rural community in 2010 with regard to passive smoke protection. The authority to authorize smoking establishments should lie with the municipalities. In doing so, the government council particularly opposed a citizen's request for a memorial to the rural community regarding smoke-free restaurants based on the Ticino model. However, the Landsgemeinde 2010 decided to adopt the federal solution.

 Grisons

(Federal law is default )

In the canton of Graubünden , voters accepted a smoking ban in November 2007, with almost 75% yes votes. The corresponding law came into force on March 1, 2008. The law allows separate and marked smoking rooms. Furthermore, smoking is prohibited in the indoor and outdoor areas of school areas and school sports facilities as well as meeting and care facilities for children and young people.

 law

(Federal law is default )

In September 2009, parliament in the canton of Jura voted 36 to 12 against a motion calling for a law to protect against passive smoking. On May 1, 2010, the federal law and ordinance on protection against passive smoking came into force. Thus, only the minimum standards of the Federal Law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Lucerne

(Federal law is default )

In the canton of Lucerne , the "motion on a smoking ban in restaurants, bars, cafes and discos and other public spaces" was referred to the government council (smoking rooms allowed). On May 1, 2010, the federal law and ordinance on protection against passive smoking came into force. Thus, only the minimum standards of the Federal Law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Neuchâtel

(Federal law is default )

In the canton of Neuchâtel , smoking has been prohibited in restaurants since April 1, 2009 (smoking rooms permitted without service).

 Nidwalden

(Federal law is default )

In the canton of Nidwalden , the federal law and ordinance on protection against passive smoking came into force on May 1, 2010. Thus, only the minimum standards of the Federal Law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Obwalden

(Federal law is default )

In the canton of Obwalden , the “motion for the protection of the non-smoking majority of canton residents” was referred to the government council as a postulate (including restaurants, smoking rooms allowed). However, there was no introduction of a smoking ban until the federal law and the ordinance on protection against passive smoking came into force on May 1, 2010. Thus, only the minimum standards of the federal law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Schaffhausen

(Federal law is default )

Canton of Schaffhausen : The federal law and ordinance on protection against passive smoking came into force on May 1, 2010. Thus, only the minimum standards of the Federal Law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Schwyz

(Federal law is default )

Canton of Schwyz : The federal law and ordinance on protection against passive smoking came into force on May 1, 2010. Thus, only the minimum standards of the Federal Law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Solothurn

(Federal law is default )

In the canton of Solothurn , parliament approved a ban in September 2006. In November, a clear majority of the electorate voted for a smoking ban in all public areas and in all restaurants in the canton. The corresponding law came into force on January 1, 2009. Smoking rooms are allowed. On June 13, 2010, another cantonal referendum took place under the name 'For a more liberal health law and a sensible smoking ban'. The aim was to relax the existing law on non-smokers by partially deleting the recently introduced legal texts. The referendum was rejected with 66% no votes.

 St. Gallen

(Federal law is default )

In February 2008, the government of the canton of St. Gallen decided to ban smoking in all public spaces. Since the referendum period against the resolution passed unused, the ban has been in effect since October 1, 2008. Restaurants can receive special permits if separate smoking rooms are not possible. Since this regulation allowed exceptions and the permits for smoking rooms were handled differently from municipality to municipality, it was generally considered unsatisfactory. On September 27, 2009, the voters accepted the popular initiative «Protection against passive smoking for everyone» of the Lung League, Medical Association and Cancer League (unattended smoking rooms allowed) with 59 percent yes votes and rejected the initiative of the smoker's league (smoking establishments allowed) with 57 percent no votes. This stricter law came into effect on July 1, 2010.

 Ticino

(Federal law is default )

The canton of Ticino was the first canton to issue a complete smoking ban for all public buildings on October 12, 2005, after a referendum resulted in an 80% majority for the introduction of the smoking ban. On April 12, 2007, the ban was extended to restaurants, bars and cafes. Originally discos, bars and nightclubs were supposed to be exempted from the regulation, but after a fierce four-hour debate, a general smoking ban in all pubs was passed by a large majority.

 Thurgau

(Federal law is default )

In the canton of Thurgau , those eligible to vote rejected the popular initiative “Protection against passive smoking” on May 17, 2009 with 55 percent no votes and accepted the counter-proposal of the Grand Council with 55 percent yes votes. On November 5, 2008, Parliament had countered the popular initiative “Protection against passive smoking” (only smoking rooms allowed) with a counter-proposal (smoking rooms and smoking establishments allowed). However, it was not until May 1, 2010 that the federal law and the ordinance on protection against passive smoking came into force. Thus, only the minimum standards of the Federal Law apply. Separated (staffed) smoking rooms and smoking rooms are permitted.

 Uri

(Federal law is default )

In the canton of Uri , the Non-Smoking Protection Act, which prohibits smoking in bars and restaurants, has been in force since September 1st, 2009. Smoking rooms with service are allowed.

 Vaud

(Federal law is default )

In the canton of Vaud , since September 15, 2009, a referendum enforced smoking ban in restaurants. Unused smoking rooms are permitted; corresponding applications had to be submitted by January 15, 2010.

 Valais

(Federal law is default )

In the canton of Valais , a referendum has been in effect for a smoking ban in restaurants since July 1, 2009. Catering establishments have the option of setting up smoking rooms without operator.

 train

(Federal law is default )

In the canton of Zug , the new health law, in force since March 1, 2009, allows smoking rooms. In addition, the responsible municipal council can approve restaurants with a maximum area of ​​80 m² as smoking rooms upon request.

 Zurich

(Federal law is default )

In September 2008, a vote in the canton of Zurich approved an initiative calling for a strict smoking ban. It should only be smoked in unattended, separated rooms. In contradiction to the Zurich Lung League, the government council is in favor of serviced smoking rooms and wants to wait for the ordinance on the federal law. The federal law has been in force since May 1, 2010.

Individual evidence

1. ↑ SR 818.31 Federal Act on Protection against Passive Smoking. Swiss Confederation, accessed on December 29, 2014 . 
2. ↑ With spring comes the smoking ban. NZZ , October 28, 2009, accessed December 29, 2014 . 
3. ↑ https://www.tagesanzeiger.ch/schweiz/standard/Rauchverbot-Auch-die-Mehrheit-der-Nichtrauch-war-dierter/story/30971760#overlay
4. ↑ ^{a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al} Page no longer available , search in web archives: Protection against Passive smoking in the cantons of the Federal Office of Public Health (FOPH). Retrieved December 27, 2014.
5. ^ Passive smoking protection in the Canton of Aargau - Department of Health and Social Affairs. Retrieved December 27, 2014.
6. ↑ Passive smoker protection ( Memento of the original from December 27, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Appenzell Ausserrhoden - Department of Health. Retrieved December 27, 2014. 
7. ↑ Health Act 1037 811.1 ( Memento of the original dated June 12, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Extra-Rhodian collection of laws. Retrieved December 27, 2014. 
8. ↑ Leaflet - Smoke-free Baselbieter gastro-establishments passport and mentor office ( Basel-Landschaft ). Retrieved December 27, 2014.
9. ↑ Smoking and language initiative rejected. Week of the day , accessed November 27, 2011 . 
10. ↑ 2C_912 / 2012: BG for the protection against passive smoking; Fümoar prohibition in BS legal (official publ.)  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. BGE (official publ.), Case law, state u. Administrative law. Retrieved December 27, 2014.  
11. ↑ Federal court forbids Fümoar pickling 20min.ch. Retrieved December 27, 2014.
12. ↑ Federal Supreme Court grants the Fümoar association a double rebate basellandschaftlichezeitung.ch. Retrieved December 27, 2014.
13. ↑ Protection against passive smoking applies from July 1, 2009, Canton Bern Economics Directorate. Retrieved December 27, 2014.
14. ↑ Karin Aebischer: Freiburg: Fumoir boom is missing , January 11, 2011, accessed on December 27, 2014.
15. ↑ Genevans are no longer allowed to smoke in the park blick.ch. Retrieved December 27, 2014.
16. ↑ Tract  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. on the Glarner Landgemeinde 2010, accessed on December 27, 2014  ( page no longer available , search in web archives )  
17. ↑ Information on the protection of non-smokers from passive smoking in the canton of Graubünden (taking into account the requirements applicable from May 1, 2010) Art. 15a Health Care Act of the Canton of Graubünden . Retrieved December 27, 2014.
18. ↑ Minimum standards for smoking bans in restaurants swissinfo.ch. Retrieved December 27, 2014.
19. ↑ Lucerne Police - Hospitality and Commercial Police: Smoking ban ( Memento of the original dated December 27, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved December 27, 2014. 
20. ^ In the canton of Neuchâtel, smoking is prohibited blick.ch Retrieved December 27, 2014.
21. ↑ Protection against passive smoking ( memento of the original dated December 27, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Canton of Nidwalden Economics Directorate. Retrieved December 27, 2014. 
22. ↑ Canton of Solothurn: Voting Info - Official announcements on the cantonal referendum of June 13, 2010 ( Memento of the original of March 5, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 67 kB) 
23. ↑ Canton of Solothurn: Voting results (summary)
24. ↑ Canton of Solothurn: Voting results (detail) ( Memento of the original from May 25, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 47 kB) 
25. ↑ Canton of St. Gallen - restaurants in the canton of St. Gallen smoke-free from October 1, 2008 ( memento of the original from February 14, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
26. ↑ Nachrichten.ch - Restaurants in the canton of St. Gallen are non-smoking from October
27. ^ Neue Zürcher Zeitung (June 1, 2008): Uri prohibits smoking in publicly accessible rooms
28. ↑ Smoking ban since May 1, 2010

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