09:48 10.05.2012

NGO "Freedom of Choice" draws Vladymyr Lytvyn attention to undimocracy of smoking in cafes and restaurants total ban

4 min read

Non-Governmental Organization "Freedom of Choice" is against total ban of smoking in hospitality establishments (cafes, bars, restaurants) acording to Draft Law "On Amendments to Certain Legislative Acts of Ukraine regarding certain provisions improvement on limitation smoking of tobacco products in public places" № 9474 admitted to the Verkhovna Rada of Ukraine for second reading consideration.

Public Organization "Freedom of Choice", which stands up for the rights and interests of consumers, is voicing a strong protest against a new legislative initiative calling for a total ban on smoking in public hospitality establishments, such as restaurants, cafes and bars.

“We realize that cigarette smoke can be unpleasant for non-smokers, and we, therefore completely support effective regulation of this issue, which already mandates smoke-free areas in public places. However, we consider the complete deprivation of adult smokers' rights to smoke in hospitality establishments is as a discriminatory act that violates the rights of 9 million the adult smoking population” - qutes from the open letter to the Verkhovna Rada of Ukraine Chairman Volodymyr Lytvyn, the People's Deputies of Ukraine and the Ukrainian society, released on Thursday and signed by the leader of the organization Evgeny Korneev.

The organization notes, Current legislation stipulates a 50-50% division between smoking and non-smoking areas in public catering establishments.

"We find this division to be reasonable, objective and democratic, as it takes the interests of both categories of consumer into account. Moreover, many restaurants and cafes are now "smoke-free", meaning that the claim that non-smokers cannot find anywhere to have a cup of coffee or a bite to eat cannot be taken seriously in this discussion"- the document says.

Is is said in the letter, that any comments and claims regarding the necessity of a complete ban smoking in restaurants and cafes are contrived, non-constructive and non-democratic

"It's accepted to pay heed to anti-tobacco organizations in matters of regulation of tobacco products, which - under slogans calling for improvement of public health - are limiting services for Ukraine's free society and which, claiming to argue for health, are taking away rights adults' rights to freedom and the opportunity to make an independent choice. We stress the fact that there is an alternative opinion on the question of restricting smoking. And this is the opinion of one third of the country's adult population that chooses to smoke " - - the document says.

"Freedom of choice" emphasized that smokers make up one third of the adult population.This category of the population pays excise taxes on every pack of cigarettes purchased, thus generating additional revenues for the state. It is also this category of the population that numbers the most active consumers of cafes, bars and restaurants. “Moreover, these people are part of the electorate, the interests of whom deputies represent in parliament and have no right to ignore. All this gives us grounds to demand that smokers retain the right to smoke in cafes and restaurants" - summarized in the open letter.

As reported, On March 13 2012 the Verkhovna Rada of Ukraine adopted the Law " Amendments to Certain Legislative Acts of Ukraine regarding certain provisions improvement on limitation smoking of tobacco products in public places " in the first reading.

The document proposes to ban smoking in sport establishments, stadiums, indoor and outdoor sports facilities, in the houses entrances, in the subways, public transport, including international transport and in food establishments, culture institutions. The law provision according to which НоРеСа institutions should provide not less than 50% of sales areas for individuals who do not smoke is proposer for deleting.

There are also penalties for non ventilation equipme of smoking areas – 3,4 thousand hrivnas . The measures nonn-application relating to smoking in public places shall – fines 1 to 10 thousand hrivnas. The same penalty is proposed for ashtrays placement or no measures to stop smoking outside special smoking areas.

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