Last updated: September 14, 2021

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
None
Analysis

The law imposes a duty on those responsible for a public place or public transportation to prominently display "no smoking" signs. However, penalties, ranging between 5,000 FCFA and 15,000 FCFA are imposed on smokers violating smoke free laws.

The law does not specify the size or text of the signs, or specify that signs should state a way to report violations; however, as of the date of this review, regulations on this issue are pending.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the posting of no-smoking signs. However, to more fully align with the FCTC and the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should specify the size, content and format of the no-smoking signs and impose duties and penalties on the owners of premises as well as provide a way to report violations.

Remove ashtrays

No
None
Analysis

There is no duty imposed upon business owners, employers or supervisors to remove ashtrays. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
None
Analysis

There is no duty imposed upon business owners, employers or supervisors to take steps to require a person to stop smoking. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
None
Analysis

The law provides for penalties of non-compliance with the smoking ban including a fine ranging between 5,000 FCFA to 15,000 FCFA. Fines are doubled in the case of repeat offenses.

In addition, Decree No. 2020-0259 establishes a fine of 200,000 FCFA for violations of the ban on tobacco consumption within and in the vicinity of schools. Fines are doubled in the case of repeat offenses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.