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Term --FCTC-Based Definition Ghana
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of “workplace” contained in the Public Health Act aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “public transportation” in the Public Health Act aligns with the definition provided in the FCTC Art. 8 Guidelines and is more inclusive than the guidelines in that it also covers public transportation terminals.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” However a definition is not necessary for interpretation of the law, as the law states that a person “shall not smoke” where prohibited, rather than prohibiting exposure to second hand smoke.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoke” contained in the Public Health Act aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “public place” in the Public Health Act does not fully align with the definition of “public place” in the FCTC Art. 8 Guidelines. The FCTC Art. 8 Guidelines specify that a “public place” may be an area that is “permanent or temporary,” whereas the PHA definition does not specifically state such. The PHA definition also limits a “public place” to those specified under Sec. 58(2) of the Act. However, Sec. 58(2), in addition to listing specific types of places, contains the catch-all phrase “any other facilities accessible to the public.” Therefore, this phrase is not interpreted as limiting the breadth of the definition of public place. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the PHA should contain a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” contained in the Public Health Act aligns with the definition provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definitions of “indoor or enclosed” contained in the Public Health Act, 2012 and the Tobacco Control Regulations, 2016 do not align with the definition provided in the FCTC Art. 8 Guidelines. Under the Public Health Act definition, a place is “indoor or enclosed” if it is “enclosed by two or more walls,” whereas under the FCTC definition a place is “indoor or enclosed” if it is “enclosed by one or more walls.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor or enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Ghana
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Section 58(2) enumerates types of places in which smoking is restricted, including the catch-all “any other facilities accessible to the public.” Due to this catch-all provision, Sec. 58(2) does not limit the effect of Sec. 58(1). Because designated smoking areas are allowed in indoor workplaces and public places, the regulatory status code “Smoking is Restricted” is given.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Section 58(2) enumerates types of places in which smoking is restricted, including the catch-all “any other facilities accessible to the public.” Due to this catch-all provision, Sec. 58(2) does not limit the effect of Sec. 58(1). Because designated smoking areas are allowed in indoor workplaces and public places, the regulatory status code “Smoking is Restricted” is given.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

Although many forms of public transport could not be designed to have a designated smoking area, some forms including trains and commercial watercraft could be designed with a designated smoking area. Because smoking is allowed in designated areas in some public transport, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all public transport, including trains and commercial watercraft.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Section 58(2) provides a list of types of places that are included in “a work place and public place,” including “offices and office buildings,” “health and educational institutions,” “public transportation terminals” and “any other facilities accessible to the public.” Thus, if government facilities fall within any of these categories, smoking is restricted.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including government facilities.

Not Applicable
Not Applicable
Private offices
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “offices and office buildings.” A designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Because private offices are generally not designed in this manner, the law could be interpreted as prohibiting smoking in private offices, but more clarity is needed.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including private offices.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “health institutions.” Therefore, smoking is restricted is hospitals.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “health institutions.” Therefore, smoking is restricted in public areas of residential healthcare facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “health institutions.” Therefore, smoking is restricted in non-residential healthcare facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “premises in which children are cared for” and “educational institutions.” Therefore, smoking is restricted in childcare facilities and preschools.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “educational institutions.” Therefore, smoking is restricted in primary and secondary schools.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “educational institutions.” Therefore, smoking is restricted in universities and vocational facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “wholesale and retail establishments including shopping malls and markets.” Therefore, smoking is restricted in shops.

Designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including shops.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “places of collective use” and “any other facilities accessible to the public.” These categories are interpreted as covering cultural facilities. Therefore, smoking is restricted in cultural facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2) “a work place and public place” includes “sports stadia and other sports arenas, whether fully enclosed or not, and any enclosed recreational facilities.” Therefore, smoking is restricted in indoor stadiums and arenas.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “bars, restaurants and pools, whether open or enclosed.” Therefore, smoking is restricted in restaurants.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “bars, restaurants and pools, whether open or enclosed” and “any other facilities accessible to the public.” Therefore, smoking is restricted in bars, pubs, and nightclubs.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated places and “any other facilities accessible to the public.” This last phrase is interpreted as covering casinos. Therefore, smoking is restricted in casinos.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Article 8 and the FCTC Article 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated types of places, as well as “places of collective use” and “any other facilities accessible to the public.” The phrases “places of collective use” and “facilities accessible to the public” are interpreted as covering public areas in hotels and lodging. Therefore, smoking is restricted in public areas of hotels and lodging.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated types of places, as well as “places of collective use” and “any other facilities accessible to the public.” The phrases “places of collective use” and “facilities accessible to the public” are interpreted as covering hotels and lodging. However, it is unclear whether a guest room may be a designated smoking area. Therefore, the regulatory status code “Uncertain” is given.

Designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the Art. Article 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including guest rooms of hotels and lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated types of places, as well as “places of collective use” and “any other facilities accessible to the public.” The phrases “places of collective use” and “facilities accessible to the public” are interpreted as covering public areas in prisons and detention facilities. Therefore, smoking is restricted in public areas of prisons and detention facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Although buses and minivans could not be designed to have a designated smoking area, trains could have designated smoking cars. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all parts of all public transport, including trains.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Because it is not possible to have a designated smoking area in a taxi, smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Because a commercial aircraft cannot be designed in a manner in to prevent smoke from spreading, commercial aircraft are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Because large commercial watercraft could be designed to have a designated smoking area, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all parts of all public transport, including commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “public transportation terminals.” Therefore, smoking is restricted in public transportation terminals.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including public transportation terminals.

Not Applicable
Not Applicable
Ghana
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Ghana
Post signs
Yes
Yes
Analysis

The law imposes a duty upon the person in control of a public place or workplace to post no-smoking signs at each entrance and other appropriate locations and in sufficient numbers to alert employees and the public. Signs must include the "no smoking" symbol and state "NO SMOKING" in black capital letters on a white background.

A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both. In the case of a continuing offense, the violator is subject to an additional fine of 10 penalty units for each day the offense continues.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for penalties for violations and additional penalties for continuing violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider the imposition of additional types of penalties such as license suspension or revocation.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The Public Health Act imposes a duty upon a person in control of a public place or workplace to remove ashtrays. A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both. In the case of a continuing offense, the violator is subject to an additional fine of 10 penalty units for each day the offense continues.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for penalties for violations and additional penalties for continuing violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider the imposition of additional types of penalties such as license suspension or revocation.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The Public Health Act imposes a duty upon a person in control of a public place or workplace to take steps to stop a person from smoking. A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both. In the case of a continuing offense, the violator is subject to an additional fine of 10 penalty units for each day the offense continues.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for penalties for violations and additional penalties for continuing violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider the imposition of additional types of penalties such as license suspension or revocation.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law imposes a duty upon a person not to smoke where prohibited. A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties on a person who violates no-smoking provisions. However, the law imposes the same penalties upon smokers and persons in control of establishments who violate provisions. The FCTC Art. 8 Guidelines state: “larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Therefore, the drafters of the law should consider imposing different classes of penalties for smokers and business owners/supervisors.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis
The law requires that an owner or person in charge of a public place or workplace who designates an area for smoking post signs indicating that the area is a designated smoking area. In addition, no person under the age of 18 shall be allowed to enter the area.

A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both.
Not Applicable
Not Applicable
Ghana
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable