Ban on smoking in catering facilities and betting shops: Inspectors issued over 155,000 KM in fines in less than a year

(Patria) - Sanitary inspectors of the Cantonal Administration for Inspection Affairs (KUIP) of Sarajevo Canton (KS) conducted planned regular and targeted inspections in October on the application of the Law on the Limited Use of Tobacco and Other Smoking Products in Catering Facilities and Betting Shops in the KS area.

In the mentioned period, seven sanitary inspectors conducted inspections in 170 establishments, of which 158 were catering facilities and 12 were betting shops. It was determined that 96 establishments were complying with the Law on Control and Limited Use of Tobacco, Tobacco Products, and Other Smoking Products at the time of the inspection.

Ashtrays were found on tables in three establishments, without the prescribed smoking ban signs, and they were issued orders to ban smoking. In 71 establishments, non-compliance with the provisions of the aforementioned law was found, for which inspectors issued 87 violation reports totaling 77,200 KM.

We remind you that after the deadline for adaptation according to the Rulebook on conditions for special smoking rooms in terms of exceptions to the smoking ban, which was adopted based on the Law on the Limited Use of Tobacco and Other Smoking Products, expired on December 13, 2024, sanitary inspectors of KUIP KS began on-site inspections, based on received citizen reports, by issuing orders prohibiting smoking in all public indoor spaces.

In December 2024, 102 citizen reports were received regarding violations of the mentioned regulation, and action was taken on 82 reports by conducting inspections and establishing the facts, or by responding to the reporting party about the findings, in cases where the establishment was reported multiple times by different parties.

From December 13, 2024, when the adaptation period defined by the legal provisions expired for the subjects covered by the relevant Rulebook, until June 13, 2025, when the provision of the Law on the commencement of monetary fine collection came into force, i.e., from the date of entry into force of the bylaws, sanitary inspectors issued 99 orders prohibiting the use of tobacco in indoor spaces, and imposed monetary sanctions according to the Law on Inspections of KS for non-compliance with the order of the cantonal sanitary inspector.

Fifteen appeals were filed against the issued orders to the second-instance authority, and in all cases, the order of the cantonal sanitary inspectors was confirmed.

Consequently, according to KUIP KS records from the beginning of the Law's application control, i.e., in the period from December 13, 2024, to November 30, 2025, KUIP KS sanitary inspectors conducted a total of 524 inspections, issued 112 orders prohibiting smoking in public indoor spaces, and issued 138 violation reports totaling 155,500 KM.

It is also important to emphasize that KUIP KS has so far received decisions allowing smoking from 43 establishments engaged in catering activities, in terms of exceptions to the smoking ban. Attached to these decisions, some caterers submitted main projects for ventilation installations certified by design companies, certificates, specifications of installed filters, and contractor statements on the as-built condition of the ventilation installation.

Upon reviewing the submitted documentation, cantonal inspectors determined that the submitted main projects were not certified by municipal authorities, as they involved the installation of new or modification of existing systems, and that the documentation regarding installed filters in some cases did not meet the prescribed standards (filter class F8-ePM 75%, filter class F9-ePM1 90% in accordance with BAS EN ISO 16890-1:2018).

Evidence of the determined area of the smoking room in relation to the size of the establishment, taking into account the service area for conducting catering activities, was also not provided.

Considering the aforementioned facts, cantonal inspectors forwarded the submitted documentation to the municipalities where the catering establishments are located, for verification of whether the submitted documentation corresponds to the actual situation, taking into account the provisions of the Law on Spatial Planning of KS, the Rulebook on technical characteristics of ventilation systems, partial air conditioning, and air conditioning in buildings, as well as the Law on Catering of FBiH.

Due to different practices and approaches in the procedures of municipal authorities, the Director of KUIP KS, Adis Mešić, sent an official invitation for a joint consultative meeting with representatives of municipal authorities on December 4, 2025, which was attended by representatives from all nine municipalities in KS.

Jasmina Hrnjica Bajramović, Chief Inspector of the Inspectorate for Sanitary, Health, Pharmaceutical, and Food Inspection, and Edina Koluh, Chief Inspector of the Inspectorate for Urban-Building, Housing, Municipal, Environmental Protection, Nature Protection, and Heritage Protection Inspection, along with their associates, attended the meeting on behalf of KUIP KS.

On that occasion, municipal representatives were informed about the mentioned issues in the application of the Law on Control and Limited Use of Tobacco, Tobacco Products, and Other Smoking Products. They were asked for full engagement and active participation in resolving these issues, with the aim of correctly applying the Law and bylaws for establishments that have decided to designate their premises as smoking areas, emphasizing that the application of this Law does not violate other regulations.

Given that the full implementation of this Law requires caterers to align the changes with the Law on Spatial Planning, the Law on Public Space Leases, and the Law on Catering, the ultimate goal of this meeting was to provide caterers with clear guidelines on how to proceed, so as not to find themselves in a situation where, by applying the provisions of the Law on Control and Limited Use of Tobacco, Tobacco Products, and Other Smoking Products, they violate the provisions of other legal regulations (changes in existing premises in terms of construction-technical solutions, partitioning of rooms, relocation of bars, installation of new systems, closing of open spaces - summer gardens, changes to entrances, etc.).

A new meeting on this topic has been scheduled for the near future, to which, at the suggestion of the participants, representatives from the Federal Ministry of Environment and Tourism and the Federal Ministry of Health should also be invited, in addition to municipal representatives.