Za manje od tri sedmice u Federaciji BiH na snagu će stupiti jedan od revolucionarnih zakona, onaj koji definiše zabranu konzumiranja duhana i duhanskih proizvoda u zatvorenom prostoru.
Naime, od 20. maja trebala bi početi primjena Zakona o kontroli i ograničenoj upotrebi duhana, duhanskih i ostalih proizvoda za pušenje u Federaciji BiH.
Obveze vlasnika
Stupanjem na snagu ovog zakona pušenje će biti zabranjeno u svim zatvorenim javnim prostorima, vozilima javnog gradskog prometa, na radnom mjestu, kao i u privatnim sredstvima prijevoza u kojima se nalaze maloljetne osobe u Federaciji Bosne i Hercegovine.
Prema nekim informacijama, više od 50.000 javnih prostora na području ovog bh. entiteta podliježe ovom zakonu. Spomenuti zakon definiše da su provođenje zabrane pušenja obavezni osigurati vlasnik i korisnik prostora u kojem je pušenje zabranjeno. U tim mjestima mora biti postavljen grafički znak zabrane pušenja i tekst koji glasi “zabranjeno pušenje”.
U prostorima i na mjestima gdje je pušenje zabranjeno ne smiju biti postavljene pepeljare ili druge posude koje mogu služiti za odlaganje pepela. U slučaju da osoba ne poštuje zabranu pušenja, vlasnik odnosno korisnik prostora ili mjesta u kojem je pušenje zabranjeno dužan je opomenuti je, uskratiti joj uslugu ili zatražiti da napusti prostor.
Stupanjem na snagu Zakona o kontroli i ograničenoj upotrebi duhana, duhanskih i ostalih proizvoda za pušenje u Federaciji BiH pušenje će biti dopušteno korisnicima usluga u službama i odjelima za zaštitu mentalnog zdravlja u zdravstvenim ustanovama, u drugim ustanovama koje pružaju psihosocijalnu rehabilitaciju osobama s duševnim smetnjama, u ustanovama za palijativnu njegu, ustanovama za njegu starih osoba, kao i u ustanovama namijenjenim za služenje kazne ako i kada mogu biti uspostavljene posebne prostorije za pušenje odvojene od nepušačke zone. Prema zakonu, pušenje je dopušteno u zračnim lukama, i to u posebnom prostoru za pušenje.
Kazne i prilagodbe
“Pušenje je dopušteno u posebnim, za pušače određenim prostorima za smještaj gostiju u skladu s propisima o ugostiteljskoj djelatnosti, o čemu u takvim prostorima mora biti istaknuta oznaka o dopuštenju za pušenje. U objektu u kojemu se isključivo poslužuje piće vlasnik odnosno korisnik objekta može prostor za posluživanje odrediti kao pušački prostor, a u tom prostoru mora biti istaknuta oznaka o dopuštenju za pušenje”, navodi se u zakonu čija primjena počinje za nekoliko dana.
Zakon o kontroli i ograničenoj upotrebi duhana, duhanskih i ostalih proizvoda za pušenje u Federaciji BiH 24. marta 2022. usvojio je Parlament, da bi 27. aprila 2022. Zastupnički dom Parlamenta FBiH usuglasio tekst zakona. Početak primjene zakona je godinu dana od stupanja na snagu objave zakona (Službene novine FBiH, broj 38/22 od 20. maja 2022.). Obaveze za fizičke osobe nastupaju danom početka primjene zakona, dok je ustanovama, poduzećima i drugim pravnim osobama ostavljen rok od šest mjeseci za usklađivanje s odredbama zakona. Za kršenje zakona predviđene su kazne i do 15.000 KM.
Prema zakonskim odredbama, pravna osoba koja ne zabrani upotrebu duhana platit će kaznu do 5000 KM, dok će fizička osoba koja konzumira duhan u zatvorenom prostoru biti kažnjena sa 100 KM. Službeni podaci pokazuju da u BiH čak 44,1 posto odraslog stanovništva čine pušači, od čega 56,3 posto muškarci, a 31,6 posto žene. U BiH duhanske proizvode koristi gotovo milion osoba.
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