Argentina: Mendoza Bill Seeks to Ban Vaping in Public Spaces
A new bill has been introduced in the provincial legislature of Mendoza, Argentina, that aims to prohibit the use of electronic cigarettes (vapes) in all enclosed public and collective spaces. The initiative, presented by Senator Sergio Márquez, seeks to close a significant legal loophole that currently allows vaping in places like offices, schools, and restaurants, where traditional smoking is already banned.
The proposed law would amend Mendoza’s Provincial Law 8382, which adheres to the National Law 26.687 regulating conventional tobacco. Marcos Barrionuevo, a legislative advisor, explained that while the current law prohibits smoking in enclosed spaces, it makes no specific mention of e-cigarettes, with or without nicotine. “Our project expands that prohibition to protect public health… and prevent environmental damage,” he stated. This move would legally equate vaping with smoking for the purpose of public use restrictions.
This legislative push is a response to real-world situations where the absence of a clear rule has created confusion. For instance, colleagues in an office were unable to stop a coworker from vaping at their desk, and school authorities found themselves without the legal authority to sanction students using these devices on school property. The new bill aims to provide that clear authority.
The proposed ban would cover a wide range of locations, including:
- Workplaces and offices
- Schools and educational institutions
- Hospitals and healthcare facilities
- Bars and restaurants
- Public transportation
- Shopping centers
The initiative also proposes incorporating sanctions into the provincial contraventional code to enforce the ban effectively. This would bring Mendoza in line with other Argentine jurisdictions like Córdoba and Tucumán, which have already expanded their smoke-free laws to include vaping. Health and legal experts supporting the bill emphasize the importance of protecting the collective right to breathe air free from contaminants, noting that vape aerosol contains harmful chemical compounds, not just harmless water vapor. The bill is currently under review in the Legislature’s Health Commission.
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