Smoking Regulations in Guam

The ‘Natasha Protection Act of 2005 [i] of the Guam Code contains the regulations relating to smoking.  The purpose of the Act is to protect the public health and welfare by prohibiting smoking in public places and by regulating smoking in places of employment.  This chapter seeks to strike a reasonable balance between the needs of persons who smoke and the right of nonsmokers to breathe smoke-free air, and it also recognizes that the right to breathe smoke-free air should take priority.[ii]

The regulation relating to smoking applies to all enclosed facilities owned, leased, occupied by or operated for and on behalf of the government of Guam.[iii]

The law of Guam prohibits smoking in all enclosed public places and within twenty feet of the entrance or exit of enclosed public places[iv], like elevators[v], buses, taxicabs, airplanes, and other means of public transit, and ticket, boarding, and waiting areas of public transport depots[vi], restrooms[vii], service lines[viii], all areas used by the general public[ix], and restaurants.[x]

Smoking is also prohibited in public areas of aquariums, galleries, libraries and museums when open to the public[xi] and in buildings not open to the sky and which is used for exhibiting motion pictures, stage shows, musical recitals or other performances.[xii]  However, this restriction does not apply when smoking is part of a stage production.[xiii]

People are not permitted to smoke in sports arenas, convention halls[xiv], place of meeting or public assembly when a public meeting is in progress[xv], waiting rooms, hallways, wards and semi-private rooms for health facilities[xvi], and polling places.[xvii]

Apart from these areas, an owner, operator, manager or other person who controls any establishment where smoking is not or in-part regulated, may prohibit smoking to occur within the entire establishment.[xviii]

As regards smoking in workplaces, the employer is required to provide smoke-free areas for nonsmoking employees within existing facilities to the maximum extent possible.[xix]  Employers should also maintain a written smoking policy[xx] and such smoking policy shall be communicated to all employees by the employer.[xxi]  On a request by an employee, the employer should supply a written copy of the smoking policy to the employee.[xxii]  The employer can also designate any place of employment, as a nonsmoking area.[xxiii]

There are however, certain areas where smoking is not restricted.  These include bars[xxiv], hotel and motel rooms rented to guests,[xxv] retail tobacco stores[xxvi],private enclosed office work place occupied exclusively by one or more smoker[xxvii] as well as private residences, except when used as child care facility or health care facility.[xxviii]

§ 90110 of the Guam Code deals with violations and penalties.  The laws of Guam make it unlawful for any person who owns, operates or otherwise controls any premises to fail to comply with any of the provisions relating to the restriction on smoking.[xxix] 

It is also unlawful for any person to smoke in any area where smoking is prohibited[xxx] and any person who violates these provisions shall, upon conviction, be punished by a fine not exceeding One Hundred Dollars ($ 100) for a first violation.[xxxi]
 A fine not exceeding Two Hundred Dollars ($ 200) is set for the second violation[xxxii] and a fine not exceeding Five Hundred Dollars ($ 500) is set for each additional violation thereafter.[xxxiii]

Any business which violates any of the provisions of relating to the restriction on smoking shall be fined an amount not exceeding one thousand dollars ($ 1,000) for a first violation[xxxiv], a fine not exceeding two thousand dollars ($ 2,000) for a second violation[xxxv] and a fine not exceeding three thousand dollars ($ 3,000) for each additional violation thereafter.[xxxvi]

[i] 10 GCA § 90100

[ii] 10 GCA § 90101

[iii]10 GCA § 90104

[iv] 10 GCA § 90105 (a)

[v] 10 GCA § 90105 (a)(1)

[vi] 10 GCA § 90105 (a)(2)

[vii] 10 GCA § 90105 (a)(3)

[viii] 10 GCA § 90105 (a)(4)

[ix] 10 GCA § 90105 (a)(5)

[x] 10 GCA § 90105 (a)(6)

[xi] 10 GCA § 90105 (a)(7)

[xii] 10 GCA § 90105 (a)(8)

[xiii] Id

[xiv] 10 GCA § 90105 (a)(9)

[xv] 10 GCA § 90105 (a)(10)

[xvi] 10 GCA § 90105 (a)(11)

[xvii] 10 GCA § 90105 (a)(12)

[xviii] 10 GCA § 90105(b)

[xix] 10 GCA § 90106(a)

[xx] 10 GCA § 90106(b)

[xxi] 10 GCA § 90106(c)

[xxii] 10 GCA § 90106(d)

[xxiii] 10 GCA § 90106(e)

[xxiv] 10 GCA § 90107(a)(1)

[xxv] 10 GCA § 90107(a)(3)

[xxvi] 10 GCA § 90107(a)(4)

[xxvii] 10 GCA § 90107(a)(5)

[xxviii] 10 GCA § 90107(a)(2)

[xxix] 10 GCA § 90110(a)

[xxx] 10 GCA § 90110(b)

[xxxi] 10 GCA § 90110(c)(1)

[xxxii] 10 GCA § 90110(c)(2)

[xxxiii] 10 GCA § 90110(c)(3)

[xxxiv] 10 GCA § 90110(d)(1)

[xxxv] 10 GCA § 90110(d)(2)

[xxxvi] 10 GCA § 90110(d)(3)


Inside Smoking Regulations in Guam