Speech Rudy Demotte, Minister of Social Affairs and Public Health
December 2, 2005
Smoking in hospitality
Aa additional step of federal plan to fight against smoking will be completed by January 2007.
Catering Establishments without smoke!
Following the visit to Dublin and Rome, which was part particularly in the context of a dialogue initiated with the hospitality sector since the adoption by the Council of Ministers federal plan to fight against smoking, I wrote a draft Royal Decree on the restriction of smoking in hospitality establishments.
Indeed, the need to take measures against passive smoking, that is to say, restrictions in public places and restaurants all particulèremrent no demonstration, either in terms "protection workers, either in terms of "consumer protection".
In Belgium each year about 2500 people die of passive smoking is almost one and half times the number of deaths on our roads ...
A study recently published in Britain still remember the dangers of passive smoking: for example, passive smoking in the workplace is responsible for 20% of deaths linked to passive smoking. If
tranpose figures for Belgium, this means that 500 people die each year due to passive smoking in the workplace.
Among the deaths linked to passive smoking in the workplace, 50% are workers in the hospitality sector [1] .
A study published by the IARC concludes that regular passive smoking increases the risk of cancer lung from 20 to 30% [2] .
A first step was taken by the Royal Decree of 19 January 2005, presented at the time by my colleague Kathleen Van Brempt Secretary of State in charge of welfare at work, on the protection of workers against smoke tobacco, which establishes the prohibition of smoking in the workspace and will enter into force January 1, 2006.
Indoor locations where presented consumption of food are excluded from the scope of this Decree.
However, nearly 150,000 people working in the hospitality sector in Belgium, [3] the vast majority is employed in the food service industry (86%).
the consumer side, exposure to fumes in a bid to restore is increasingly badly lived, as evidenced by various surveys and studies on this subject.
It is indeed shown that a majority of the population of Belgium is requesting a total ban on smoking in restaurants [4] .
So in restaurants that is the most urgent priority in terms of health public and worker protection.
Aware of the challenges posed by the smoking ban in hospitality, I preferred to act in concert with the three federations representing the sector.
After a visit to Ireland and Italy, where everyone could appreciate the application of a total ban on smoking in all public places, after hearing the concerns of the hospitality sector and the Parliament's proposals, I prepared a regulation based on the following principles:
1 / Prohibition on smoking in all places that are beyond the family sphere
2 / Possibility of obtaining an exemption for licensed premises only (cafes, bars, pubs and other places where people consume alcohol without necessarily having to consume ready meals) provided:
- the share (in purchases or sales through various scenarios) of meals does not exceed one third of all food offered for consumption;
- or that are limited to dishes of snacks (flat light listed in the order organizing access to the profession of conservator).
3 / A additional exemption may be obtained for the chip shops (small establishments whose sole means of cooking food and diving in the fat or oil).
In establishments where smoking is allowed, the current rules apply, namely the obligation for the operator site amenities eun ventilation and book a non-smoking area, which represents at least 50% of the total area of the site. This latter provision does not apply to establishments with an area less than 50 square meters.
4 / No chance exemption is given to:
- refreshment sports clubs;
- hospitality establishments located in enclosed public places where smoking is prohibited (cafeteria located in a non-partitioned in a playground or indoor room sport ...)
5 / No smoking in all other places Horeca, commonly known as "restaurant" (beer, snacks, pastries, bakeries, or other place where you eat mostly) with the possibility of installing a smoker.
The smoking room is an enclosed space specially reserved for this purpose and where only drinks can be served. The size of the smoker may not exceed one fourth of the total area of the facility.
6 / Effective January 2007 for hospitality establishments. January 2006 for all other public places
7 / Institutions that are entitled to the exemption will be controlled by the AFSCA. These institutions will be controlled by priority. A team of 20 new controllers will be added to the 60 already stationed in the fasfc for such controls.
So my desire is to eliminate cigarette smoke and tobacco in general schools whose main purpose is to serve food.
The proposed system has the merit of not create unfair competition between the restaurant and snack-bars that serve food. It is clear and based on the accounting objectives.
The fines for violations of these new provisions will of course be reviewed in the sense that the rules are respected by the caterer, the customer could be given a fine.
A media campaign to support the sector will also be organized. Successful implementation of these new measures can indeed be considered without informing all people involved: operators, customers, brokers, auditors.
Therefore the hospitality sector, represented by EDF. Ho.Re.Ca Vlaanderen vzw, FED. Ho.Re.Ca Brussels vzw and EDF. Ho.Re.Ca Wallonie asbl, united under the association "Communication-Tobacco-trade" is to coordinate this campaign with the support of federal funds lute cons of smoking (500,000 €)
The goal is to begin to inform the sector and the general public in the second half of 2006 and I know I can count on the willingness of industry representatives here today for this new regulation is properly applied when it comes into force.
As part of this debate I wanted to reflect the industry's economic situation and I am committed to support it in future discussions within the Government.
I can already tell you that the principle of accelerated depreciation of investments to come into compliance with current regulations for facilities that are non-smokers in 2007 is already now Aquis.
A new stage in the Federal Plan to Fight against smoking and about to be crossed.
I want in this regard you recall the main steps.
1. Approval of the federal plan to fight against smoking by the Government, 23 January 2004;
2. Signature (January 2004) Ratification by Belgium (November 2005) - the Framework Convention, WHO;
3. Prohibiting sale of tobacco to people under sixteen. Act came into force on 1 December 2004. Conducting an information campaign and support for traders in collaboration with the Federations of the distribution (FEDIS, UNIZO UCM);
4. Adaptation of vending machines for tobacco products as of January 2006 (Royal Decree of 23 September 2004);
5. No smoking in the workspace (AR of 19/01/2005 on the protection of workers against tobacco smoke);
6. Affixing color photos illustrating the dangers of smoking on health. On all cigarette packages as of May 2007 (Royal Decree of 10 August 2004 - Ministerial Order issued 30/11/05);
7. Federal Fund to Fight against smoking: Two million euros in 2005. Framework of measures adopted at the federal level (Horeca, Sixteen, workplaces) and support for many projects to fight against tobacco: cessation of youth cessation support in the workplace, training of health professionals, an annual survey on smoking behavior ...
8. Passive smoking advertising campaign - TV Community
9. Support for smoking cessation support for pregnant women and their partners (Royal Decree of September 17, 2005). Communication campaign in preparation in collaboration with FARES / VRGT. Presentation: January 2006;
10. The toll free number for help in weaning 0800111 00 must be affixed to all packs of tobacco products (Royal Decree of 09/23/2005) from 1 September 2006;
Rudy Demotte
[1] BMJ, doi: 10.1136/bmj.38370.496632.8F, March 2, 2005
[2] International Agency for Research on Cancer, Tobacco and smoking Involuntary smoking, IARC Monographs on the Evaluation of Carcinogenic Risk to humans, vol.83, Lyons: IARC, 2004.
[3] figures of the Flemish-Catering Federation www.fedhorecavlaanderen.be.
[4] A study by the Federation Against Cancer show that 58% of respondents favor a total ban on smoking in restaurants, for this is that 28% opposed and 14% had no opinion.
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