Last updated: January 23, 2020
Duties / Penalties
The legal measures in effect in Comoros are difficult to interpret due to inconsistencies and contradictory provisions in the law and implementing instruments. Therefore, the regulatory status code and analysis of the measures may be subject to several alternative interpretations.
Article 18 of the Administrative Order No. 13 – 012 places a duty to post signs when establishing smoking areas; however, the requirements can be interpreted to apply more broadly.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.
The law imposes no duty upon business owners, employers, and supervisors to remove ashtrays from the premises.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge to remove ashtrays from the premises.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires the manager or proprietor of an establishment to request that a smoker stop smoking in violation of the law and advise them of the applicable fine. If the person continues to smoke, then the manager or proprietor may request that the person move or leave the premises. If the person refuses, the owner or proprietor of the establishment may call the police.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires an owner or proprietor of premises to take various steps to prevent smoking where it is prohibited. The law could be strengthened by requiring an owner or proprietor to take these measures rather than making these steps optional.
Not to smoke where prohibited
Although there is no explicit duty imposed upon smokers to not smoke where it is prohibited, the law imposes sanctions on individuals who fail to obey the provisions of the law. These penalties include fines ranging from 30,000 to 500,000 fc, and possible prison time, depending on the violation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a variety of penalties. To better align with the FCTC Art. 8 Guidelines, the law should impose higher fines for repeat offenses.