424. Regulation of the Federal Minister for Health, Family and Youth on the mandatory labelling of non-smokers in the catering sector (non-smoking protection labelling regulation-NKV)

Pursuant to Section 13b (5) of the Tobacco Act, BGBl. No 431/1995, as last amended by the Federal Law BGBl. I n ° 120/2008, shall be ordered:

Identification at the entrance of the Lokal

§ 1. (1) In establishments in accordance with Section 13a (1) of the Tobacco Act, it is necessary to indicate directly at the entrance to the restaurant, whether,

1.		where there is only one gas space, may or may not be smoked therein; or
2.		provided that several guest rooms are available, are not allowed to be smoked in any of these guest rooms, or may be smoked in a specially designated guest room pursuant to Section 13a (2) of the Tobacco Law.

(2) The marking shall be carried out by means of symbols in the design and colouring as well as the minimum size of the illustrations in the Annex , and must be clearly visible when entering the company. To be used as a symbol:

1.		in the cases referred to in paragraph 1 (1)
a)			if smoking is allowed in the guest room, the symbol according to fig. 1 (smoking cigarette on a green background);
b)			if not smoked in the guest room, the symbol according to fig. 2 (smoked smoking cigarette on a red background);
2.		in the cases referred to in paragraph 1 (2)
a)			if the symbol is not allowed to be smoked in any gastric space, the symbol according to Fig. 2;
b)			provided in a specially designated guest room, the symbol according to Fig. 3 (smoking cigar on a green background and pierced smoking cigar on a red background); in addition to the symbol, the marking has the following: written notice "Separate smoking room in the restaurant".

(3) If the restaurant has several inputs, the labelling requirement shall apply to each of the entrances.

(4) Gastraum within the meaning of this Regulation shall apply to any room which serves the administration of food or drink to guests.

Identification at the entrance to the guest room and in the guest room

§ 2. (1) Each entrance to a guest room shall be marked with a symbol in accordance with Fig. 1 or 2 of the Appendix in such a way that it is clearly recognizable even before entering the space, whether or not to smoke in the gastric space.

(2) Should not be smoked in the guest room, this shall be indicated in the room by that symbol which corresponds in design and colouring (crossed smoking cigarette on a red background) as well as the minimum size of fig. 2 of the installation.

(3) Should be smoked in the guest room, this shall be indicated in the room by the symbol corresponding to the design and colouring (smoking cigar on a green background) as well as the minimum size of fig. 1 of the installation.

(4) The symbols referred to in paragraph 2 or 3 shall be placed in sufficient numbers in the gas space so as to be clearly visible throughout the space.

(5) Each symbol in accordance with Fig. 1 of the Annex shall be supplemented by the warning in accordance with Section 13b (4), second sentence, of the Tobacco Act. At the entrance to the Gastraum (para. (1) the warning should be sufficiently sized to be legible. In the guest rooms (par. 3) the warning should be displayed in sufficient numbers and sizes in such a way that it is easily visible and legible anywhere in the room.

§ 3. This Regulation shall enter into force 1. Jänner 2009 in force.

Kdolsky