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Cabinet Resolution No. (24) of 2013

Concerning the Executive Regulation of Federal Law No. (15) of 2009

Concerning Tobacco Control

The Cabinet:

- Having reviewed the Constitution,

- And Federal Law No. (1) of 1972, concerning the competencies of ministries and the powers of ministers, and its amending laws,

- And Federal Law No. (15) of 2009, concerning Tobacco Control,

- And based on the proposal of the Minister of Health, and the approval of the Cabinet,

Has decided:

Article (1)

In the application of the provisions of this Resolution, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires:

Article (2)

Without prejudice to the provisions stipulated under other laws, it is prohibited to bring tobacco or its products into the State or to trade any of them within it, unless they meet the conditions stipulated in the Mandatory UAE Standard (Technical Regulation).

Article (3)

The warning statements, images, and data written on each package of tobacco or its products must comply with the Mandatory UAE Standard (Technical Regulation) No. "UAE S GSO 246" and its amendments.

Article (4)

Smoking is prohibited while driving a private vehicle if a child under the age of twelve is present.

Prohibition of Advertising, Promotion, and Sponsorship of Tobacco and its Products

Article (5)

It is prohibited for any natural or legal person to perform any of the following acts:

1. Advertising, promotion, and sponsorship of tobacco, its products, and related goods.
2. Distributing tobacco, its products, or related goods as prizes or gifts in any competitions or events.
3. Using tobacco or its products as a means of advertising, promotion, and sponsorship for any other product, commodity, or service.
4. Printing or publishing advertisements or using any other promotional means that encourage tobacco use.

Article (6)

It is prohibited for any natural or legal person engaged in any activities related to tobacco or its products to exploit the sponsorship of any activities, events, teams, or individuals to promote their tobacco-related activities.

Article (7)

All public and private bodies and institutions, including cultural, sports, academic, and social institutions, media outlets, publishing and distribution houses, printing presses, and advertising agencies are prohibited from engaging in advertising, promotion, and sponsorship for the use of tobacco, its products, and related goods with the aim of encouraging tobacco use.

Article (8)

Advertising, promotion, and sponsorship of tobacco or its products using all means aimed at encouraging tobacco use are prohibited, including:

1. Billboards.
2. Personal belongings, clothing, and the like.
3. Electronic means and the like, such as the internet and electronic games.
4. Communication means and the like, such as phone calls and text messages.
5. Newspapers, magazines, books, newsletters, brochures, CDs, and advertising and media directories.
6. Cinematic, television, radio, and theatrical productions, cartoons, and media and educational programs, and various means of communication.
7. Various means of public and private transport.
8. Any good related to tobacco or its products.

Article (9)

Tobacco companies are prohibited from providing donations and assistance for reasons related to social responsibility for the purpose of promoting tobacco.

Article (10)

Any establishment that displays, sells, or wishes to display or sell tobacco or its products must adhere to the following:

1. Obtain a license from the Competent Authority.
2. Display a copy of the license in a visible place in the establishment.
3. Not to display or sell tobacco or its products next to places where food or health goods and products, products and goods intended for children, or sports equipment and clothing are displayed or sold.
4. Not to display tobacco or its products at payment points in sales centers, and it should be placed at the farthest location from the payment point inside the store.
5. Not to offer discounts, sales, special or promotional offers, or clearance sales on tobacco or its products.
6. Not to display or sell tobacco or its products during various festivals and exhibitions without a license to do so from the Competent Authority.
7. Not to sell tobacco or its products within the premises and buildings of places of worship, educational institutions, and sports or health facilities.
8. Not to sell tobacco or its products at a distance of less than (100) meters from places of worship.
9. Not to sell tobacco or its products at a distance of less than (150) meters from the external entrance of kindergartens, schools, institutes, colleges, and universities.
10. Not to sell tobacco or its products at retail through the electronic information network or any other electronic means.
11. Any other conditions approved by the Competent Authority that do not conflict with the provisions of the Law and this Resolution.

Public Places Where Smoking is Prohibited

Article (11)

Smoking or using tobacco in any form is prohibited in the following public places:

1. Public and private educational institutions such as schools, universities, and scientific and training institutes and their annexes.
2. Places of worship and their annexes.
3. Health and pharmaceutical facilities and their annexes.
4. Sports facilities and their annexes.
5. Public transport and private mass transport, their waiting areas, and their respective gathering stations, and their annexes.
6. Means and vehicles for transporting food, medicine, health products, and the like.
7. Means and vehicles for transporting petroleum materials and their derivatives, and any other highly flammable materials.
8. Shopping centers, except for designated areas that meet the conditions stipulated in the Annex attached to this Resolution.
9. Restaurants, except for designated areas that meet the conditions stipulated in the Annex attached to this Resolution.
10. Amusement and entertainment venues, theaters, cinemas, and the like.
11. Industrial facilities and fuel or gas filling and distribution stations and their annexes.
12. Any other places approved by the Competent Authority that do not conflict with the provisions of the Law and this Resolution.

Controls for Designated Smoking Areas in Enclosed Public Places

Article (12)

With the exception of places of worship, educational institutions, and health and sports facilities, the Competent Authority may designate a place for smokers in enclosed public places in accordance with the following controls:

First: Obtain a license from the Competent Authority.

Second: The designated smoking area must meet the following conditions:

1. It must be completely isolated from its adjacent areas, and its height must not be less than (3) meters.
2. The total area of the enclosed public place must not be less than (200) square meters.
3. The area of the place must not exceed (50%) of the total area of the enclosed public place, and this condition does not apply to shisha cafes and similar places.
4. The doors of the place must be self-closing.
5. Clear signs must be placed at the entrances indicating the designated smoking area and the non-smoking area.
6. It must not contain any services (such as entertainment and games).
7. It must not be a passage for non-smokers to reach another area.
8. It must not be used for any purpose other than smoking, such as sitting, resting, eating, playing games, entertainment, or any other activity.
9. It must be far from the main entrances of buildings by a distance of no less than (7.5) meters.
10. The number of individuals present in the place at one time must not exceed the permitted number, at a rate of (2) square meters per person.
11. Safety conditions must be met, including the use of fire-resistant materials and the provision of fire-fighting systems.

Third: The designated smoking area must meet the following ventilation and air conditioning conditions and specifications:

1. The air pressure inside must be lower than the adjacent areas by between (5-7) Pascals, which is equivalent to (0.02-0.03) inches of water.
2. The indoor air flow rate must not be less than (25) liters/second per person, designed for the maximum occupancy density.
3. Contaminated (exhaust) air must be directly expelled outside by mechanical means, and it may not be recirculated into the ventilation and air conditioning system.
4. The ventilation system must be capable of exchanging the air at a rate of no less than ten times the volume of the air in the hall per hour, and the ventilation system must remain operational throughout the establishment's working hours.
5. The ventilation and air conditioning system must be completely separate from the system designated for other areas, so as not to allow air circulation with other non-smoking areas.
6. The exhaust air outlets must be at least (7.5) meters away from the building exits and entrances, windows, and outdoor air supply openings for air conditioning systems.

Fourth: A warning sign must be placed prohibiting the entry of persons under the age of (18) into the designated smoking areas.

Fifth: Any other conditions and controls approved by the Competent Authority that do not conflict with the provisions of the Law and this Resolution.

Article (13)

It is prohibited to license cafes or similar establishments that serve any type of tobacco or its products adjacent to residential buildings or residential neighborhoods unless the following conditions are met:

1. The distance between the place where tobacco or its products are served and the residential buildings or residential neighborhoods must not be less than (150) meters.
2. Its working hours for serving tobacco or its products shall be from 10:00 AM to 12:00 AM, and this period may be extended with a special permit from the Competent Authority.
3. Adherence to the controls stipulated in the Annex attached to this Resolution.
4. Any other conditions and controls set by the Competent Authority that do not conflict with the conditions and controls stipulated in this Resolution and its annex.

Article (14)

Cafes or similar establishments licensed to serve tobacco or its products are prohibited from the following:

1. Serving tobacco or its products to persons under the age of eighteen.
2. Delivering shisha services outside the licensed premises.

Final Provisions

Article (15)

1. Farms currently cultivating tobacco for commercial purposes within the State must rectify their status in accordance with the provisions of the Law and this Resolution within a period not exceeding two years from the date of entry into force of the provisions of this Resolution.
2. Factories currently manufacturing tobacco products within the State must rectify their status in accordance with the provisions of the Law and this Resolution within a period not exceeding ten years from the date of entry into force of the provisions of this Resolution, and this period may be extended by a decision of the Cabinet.

Article (16)

This Resolution shall be published in the Official Gazette and shall come into force six months after the date of its publication.

Annex

to Cabinet Resolution No. (24) of 2013

Concerning the Executive Regulation of Federal Law No. (15) of 2009

Concerning Tobacco Control

Section One

Conditions and Controls for Venues Serving Shisha

First: Cafes and Similar Establishments:

A. Planning Conditions for Indoor Halls of Cafes or Similar Establishments:

1. Licensing of shisha cafes or similar establishments is permitted in areas classified as: commercial, tourist, or commercial-residential located on approved main streets.
2. Licensing of shisha cafes is permitted on main streets separating commercial-residential areas.
3. Cafes or similar establishments licensed within commercial buildings must have a separate external entrance according to the approved basic design of the building, and it must not have a direct view of the rest of the facilities and shops inside the building, and the premises must be isolated from the rest of the building.
4. Serving shisha is permitted in licensed cafes or similar establishments in shopping centers, provided that it is in outdoor areas only or in shops that have a separate external entrance, such that the entrance is not part of the main facade of the building, the place where shisha is served is not visible to the center's visitors (from the outside and inside), and the premises is isolated from the rest of the center.
5. Serving shisha is permitted in licensed cafes or similar establishments in hotels, provided that it is in outdoor areas only, within the land boundaries, and within the permitted uses according to the planning and building requirements, and that the place of serving is not visible to the hotel's visitors and guests (from the outside and inside).
6. The cafe or similar establishment must be at least (7.5) meters away from the main entrances of buildings and adjacent shops.

Continued: Annex to Cabinet Resolution No. (24) of 2013

7. The premises must be in buildings adjacent to public parking or in areas with no parking problems.
8. Changing the internal area of the premises is prohibited except after obtaining the approval of the Competent Authority.
9. Any changes to the building in terms of entrances, exits, or service facilities require obtaining prior approvals from the Building Department and the Civil Defense Department to make any changes to the building in terms of entrances, exits, or service facilities.
10. Approval must be obtained from the building owner or the authorized entity to provide shisha service within the premises.

B. Licensing Conditions for Cafes or Similar Establishments:

1. The location must meet the mentioned planning conditions.
2. The premises must be licensed as a (cafe).
3. The internal area of the premises shall not be less than (200) meters, and the area of the cafe's hall shall not be less than (150) meters.
4. Approval from the Building Department for decoration works.
5. Approval from the building owner or the authorized entity (a no-objection letter) to provide shisha service within the premises.
6. Obtaining a permit to serve shisha from the Competent Authority, which must include the necessary requirements for ventilation and air conditioning systems, and the permitted working hours.

C. Health and Public Safety Conditions for Cafes or Similar Establishments:

1. The premises must be completely isolated from its adjacent areas, and its height must not be less than (3) meters.
2. The doors must be self-closing and must remain closed at all times except during entry and exit.

Continued: Annex to Cabinet Resolution No. (24) of 2013

3. An area of no less than (5) meters must be provided for cleaning, sterilizing, and preparing shisha and its tools, which must be separate from the areas for preparing tea and coffee or any other approved activity, and must have the following:
   1. A special preparation table for shisha made of stainless steel.
   2. A special sink for shisha.
   3. A charcoal platform inside the premises connected to a mechanical ventilation system to directly expel contaminated (exhaust) air outside.
4. The smoking hall must be separate from the areas for preparing shisha, tea, coffee, and other beverages.
5. The number of individuals present in the premises at one time must not exceed the permitted number, at a rate of 2 square meters per person.
6. The designated smoking area must meet the conditions and specifications for ventilation and air conditioning stipulated in this Resolution.
7. Maintain the cleanliness of the premises, its external areas, and its workers.
8. Do not reuse leftover used tobacco.
9. Use disposable mouthpieces only.
10. Provide at least one toilet and an external washbasin for men and the same for women.
11. Place a warning sign (sticker) at the entrance of the premises prohibiting the entry of persons under the age of (18) into the premises.
12. Do not provide shisha service outside the premises (delivery of shisha to offices, homes, or cars).
13. All workers in the cafe must have valid occupational health cards.
14. Provide public safety conditions in the place, and provide fire extinguishers in visible places.
15. Provide a first aid kit.

Continued: Annex to Cabinet Resolution No. (24) of 2013

16. Store charcoal in a safe manner away from the risk of ignition.
17. Store used charcoal by placing it in non-combustible containers (metal or ceramic) away from any flammable materials by a distance of no less than (3) meters, with a sign on the container indicating that it contains hot and dangerous charcoal.
18. Do not cover the floors with flammable or difficult-to-clean materials.
19. Provide an emergency exit for the premises with directional signs, if the premises can accommodate more than (50) seats.
20. The premises must not cause any disturbance to the building, the neighborhood, the area in general, or to traffic or public parking.
21. Do not serve shisha inside cabins enclosed on three or more sides.
22. The worker who prepares or serves shisha must not perform any other activity in the premises where he works.
23. Designate a special uniform for workers who prepare or serve shisha.

Second: Restaurants:

A. Conditions for Licensing Restaurants to Serve Shisha:

1. Approval of the location by the Competent Authority.
2. The restaurant must be licensed by the Competent Authority as: restaurant and cafe, or cafe and cafeteria, or cafe and snack bar.
3. The area of the premises shall not be less than (200) square meters, and the area of the indoor dining hall shall not be less than (150) meters, and this area does not include any common or outdoor areas.
4. Approval from the Building Department for decoration works.
5. Approval from the building owner or the authorized entity (a no-objection letter) to provide shisha service within the restaurant.

Continued: Annex to Cabinet Resolution No. (24) of 2013

6. Obtaining a permit to serve shisha from the Competent Authority, which must include the necessary requirements for ventilation and air conditioning systems, and the permitted working hours.

B. Health and Public Safety Conditions for Restaurants to be Allowed to Serve Shisha:

Without prejudice to the conditions stipulated for shisha cafes, the following must be adhered to:

1. The place must be completely isolated from the areas designated for non-smokers, and the height must not be less than (3) meters.
2. The area designated for smoking shisha must not exceed (50%) of the indoor dining hall area, and (50%) of the designated outdoor area.
3. Place a warning sign (sticker) at the entrance of the place prohibiting the entry of persons under the age of (18) into it.
4. Maintain the cleanliness of the restaurant, its external areas, and its workers.

Third: Conditions for Using Sidewalks and Outdoor Areas for Cafes and Restaurants Licensed to Serve Shisha:

A. Planning Conditions for Using Sidewalks and Outdoor Areas:

1. The use of sidewalks, outdoor areas belonging to the building, and open-air spaces for smoking shisha is permitted in areas classified as commercial or tourist.
2. Do not use any part of the building's setbacks.
3. Do not use any part of private lands owned by others.
4. Do not use any part of public parking or public services.
5. The external area shall not exceed the extension of the external facades of the licensed place.
6. The construction of any temporary or permanent structures in the external areas is not permitted.

Continued: Annex to Cabinet Resolution No. (24) of 2013

7. No changes to the outdoor flooring are permitted before obtaining the necessary license.
8. The area designated for shisha smoking must be at least (1.5) meters away from pedestrian walkways.
9. The area designated for shisha smoking must be at least (7.5) meters away from the entrances of buildings and shops and must not cause any disturbance to others, and it must be surrounded by decorative plant basins to screen the shisha smokers' area from passersby.
10. If the outdoor area belongs to a hotel establishment, the establishment must be classified as (four stars) or higher, and the area condition stipulated in clause (3) of the licensing conditions for shisha cafes shall not apply to the shisha in that case.

B. Licensing Conditions for Using Sidewalks and Outdoor Areas:

1. The sidewalks and outdoor areas must belong to a cafe, or a restaurant and cafe, or a cafe and cafeteria, or a cafe and snack bar licensed by the Competent Authority and permitted to serve shisha.
2. Obtain the approval of the building owner, or the authorized entity (a no-objection letter) to provide shisha service outside the premises.
3. Obtain a permit to serve shisha from the Competent Authority.

C. Health and Public Safety Conditions for Using Sidewalks and Outdoor Areas:

1. The designated smoking area must be at least (7.5) meters away from windows or openings for supplying outdoor air to ventilation and air conditioning systems.
2. The designated smoking area must be at least (3.5) meters away from swimming pools.
3. Do not use the outdoor area for storing, preparing, or cleaning charcoal or preparing shisha.
4. Do not use the outdoor area to display shisha for advertising purposes.
5. The percentage of seats designated for smokers shall not exceed (50%) of the total number of seats (except for cafes).

Continued: Annex to Cabinet Resolution No. (24) of 2013

6. The seats designated for smokers must be at least (1.5) meters away from those for non-smokers (except for cafes).
7. Place clear signs indicating the areas designated for smokers and those for non-smokers.
8. It must not cause any disturbance to the building, the neighborhood, the area in general, or to traffic or public parking.
9. Comply with all requirements and standards for occupying sidewalks and outdoor areas of buildings and commercial shops issued by the Competent Authority.
10. Maintain the cleanliness of the premises, its external areas, and its workers.

Section Two

Conditions and Controls for Licensing Restaurants and Cafes to Allow Patrons to Smoke (Excluding Shisha)

The following conditions are required for establishments licensed as both a restaurant and a cafe where patrons are allowed to use tobacco (without smoking shisha):

1. The area of the indoor dining hall shall not be less than (100) square meters, and this area does not include any common or outdoor areas.
2. The designated smoking area must meet the conditions stipulated in Article (12) of this Resolution.
3. Smoking is permitted in outdoor dining areas that do not have ceilings or an overhead cover, or that have an opening in the walls exceeding half of the total wall area. This does not include areas with open doors, windows, or any fittings that can be opened or closed, subject to the following conditions:
   1. The percentage of seats designated for smokers shall not exceed (50%) of the total number of seats.

Continued: Annex to Cabinet Resolution No. (24) of 2013

• b. The seats designated for smokers must be at least (1.5) meters away from those for non-smokers, and the smoking areas should be designated so as not to negatively affect the comfort of non-smokers (taking into account the direction of airflow in the area).
• c. The designated smoking area must be at least (7.5) meters away from the exits or entrances of buildings, windows, and outdoor air supply openings for ventilation and air conditioning systems.
• d. Place clear signs distinguishing the areas designated for smokers from those designated for non-smokers.