No. Vaping in a car with minors in Peru is prohibited under Ley N° 31392 (2022) and Decreto Supremo N° 014-2023-SA, which classify e-cigarette use in enclosed spaces with children as a public health violation. The Ministerio de Salud (MINSA) enforces fines up to S/ 1,800 (≈$450) for drivers or guardians violating these provisions, effective since 2023. Compliance audits by DIGESA (National Health Authority) target vehicles within 50 meters of schools or parks, with stricter penalties for repeat offenses.
Key Regulations for Vaping in a Car with Kids in Peru
- Enclosed Space Ban: Ley N° 31392 explicitly prohibits vaping in vehicles when minors (under 18) are present, treating it as a form of secondhand aerosol exposure. Violations are categorized under “public health infractions” (Art. 12).
- Driver/Guardian Liability: The adult in control of the vehicle bears full responsibility, regardless of ownership. MINSA’s Protocolo de Fiscalización (2024) mandates on-site inspections for suspected violations, including breath tests for nicotine traces in minors.
- Proximity Restrictions: Vaping is banned within 50 meters of educational institutions, playgrounds, or healthcare facilities per Decreto Supremo N° 014-2023-SA. Non-compliance triggers immediate administrative proceedings under the Código de Protección y Defensa del Consumidor.