|
|
|
Term | --FCTC-Based Definition | Egypt | ||
---|---|---|---|---|
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) |
Not Defined
No
Analysis
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “workplace,” it may be difficult to enforce provisions that prohibit smoking in the workplace. A definition of “workplace” should be provided in accordance 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 includes all forms of transportation used to carry members of the public. Notably, the definition includes forms of quasi-public transportation, including transportation organized by employers to transport employees, regardless of whether it is publicly or privately owned. The definition aligns with the definition of “public transport” in the FCTC Art. 8 Guidelines. |
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
Although this term is not defined, a definition is not strictly necessary because the term is not used. The law’s smoke free measures provide that “smoking is prohibited in enclosed public places,” rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places.” |
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) |
Not Defined
No
Analysis
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “smoke”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “smoking” or “smoke” should be provided in accordance 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 Bylaw contains the following definition of “enclosed smoke-free public places.” Thus, the implied definition of public place is a “place accessible to the public.” This definition aligns with the definition of “public place” in the FCTC Art. 8 Guidelines. However, it could be clarified by adding the phrase “regardless of ownership or right of access.” The 1994 Law (on environment) also contains a definition of "public place.” This definition applies to those places that permit designated smoking areas under the 1994 Law. |
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 products” aligns with the FCTC definition. However, this definition could be improved by clarifying that “tobacco products” include products “entirely or partly” made of tobacco leaves. |
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 1994 Law contains a definition of “closed public place.” The Bylaw of Law No. 52 contains a definition of “enclosed smoke-free public places” (“all enclosed places accessible to the public”) but does not contain a definition of “enclosed” or “indoor.” It is unclear whether the definition in the 1994 Law applies to the 1981 Law on Tobacco and its Bylaw. Assuming the definition applies, it does not align with the definition in the FCTC Art. 8 Guidelines because the definition only covers those structures that are completely enclosed, whereas the Guidelines definition covers structures with one or more walls. A definition of “indoor” or “enclosed” should be provided in the 1981 Law or Bylaw in accordance with the definition provided in the FCTC Art. 8 Guidelines. |
Not Applicable
|
Not Applicable
|
Egypt | ||||
---|---|---|---|---|
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
The 1994 Law restricts smoking in “establishments . . . in public enclosed locations” to specially designated areas. The 1994 Law defines “establishment” as “all industrial establishments, tourism related establishments, all electricity production establishments . . . any other establishment that has impact on environment” and therefore encompasses some, but not all, workplaces. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free. |
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
The 2007 Law prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” The 1994 Law restricts smoking to specially designated areas in “establishments . . . in public enclosed locations.” The 1994 Law defines “establishment” as “all industrial establishments, tourism related establishments, all electricity production establishments . . . any other establishment that has impact on environment.” Thus, smoking is prohibited in some public places and restricted in others. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
All public transport |
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
Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The Bylaw contains the definition of "public transport," which includes all means of transportation used to transport people. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. |
Not Applicable |
Not Applicable |
|
Government facilities |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities. |
Not Applicable |
Not Applicable |
|
Private offices |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
The 1994 and 2007 laws address smoking in public places, but do not address smoking in private offices. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require private offices to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Hospitals |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, hospitals are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals. |
Not Applicable |
Not Applicable |
|
Residential healthcare facilities - public areas |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, public areas of residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect public areas of residential healthcare facilities. |
Not Applicable |
Not Applicable |
|
Non-residential healthcare facilities |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities. |
Not Applicable |
Not Applicable |
|
Childcare facilities/preschools |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” “Educational facilities” and “youth centers” are interpreted to include preschools and childcare facilities, respectively, and therefore smoking is prohibited in these places. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. |
Not Applicable |
Not Applicable |
|
Primary and secondary schools |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools. |
Not Applicable |
Not Applicable |
|
Universities/vocational facilities |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to university/vocational facilities. |
Not Applicable |
Not Applicable |
|
Shops |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Stores or shops are not on this list of smoke free places, and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require shops to be 100% smoke free. |
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
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Thus, to the extent that cultural facilities are owned or operated by the government, they are smoke free as “government venues.” The 1994 Law restricts smoking to designated areas in “establishments,” which is defined to include “tourism related establishments.” To the extent that cultural facilities are “tourism related establishments,” smoking is restricted. In other types of cultural facilities (e.g., libraries), smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all cultural facilities to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Indoor stadium/arenas |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Stadiums are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require indoor stadiums and arenas to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Restaurants |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Restaurants are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require restaurants to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Bars/pubs/nightclubs |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Bars, pubs, and nightclubs are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require bars, pubs, and nightclubs to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Casinos |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Casinos are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require casinos to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Hotels/lodging - public areas |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Hotels and other lodging are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of hotels and lodging to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Hotels/lodgings - guest rooms |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Hotels and other lodging are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all hotel guest rooms to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Prisons/detention facilities - public areas |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Prisons are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of prisons and detention facilities to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Trains, buses and other shared ground transportation other than taxis |
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
Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, trains, buses, and other shared ground transportation are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. |
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
Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, taxis are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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
Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, commercial aircraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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
Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, commercial watercraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. |
Not Applicable |
Not Applicable |
|
Public transport facilities (waiting areas for mass transit) |
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places. Analysis
Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Public transport facilities, such as train stations, bus terminals, and airports, are not included on this list and therefore smoking is not restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free. |
Not Applicable |
Not Applicable |
Egypt | ||||
---|---|---|---|---|
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? |
No
No |
Not Applicable |
Not Applicable |
Egypt | ||||
---|---|---|---|---|
Post signs |
Yes
Yes Analysis
The 2007 Law, Art. 2 (which adds Art. 6 Bis (3) to the 1981 Law) imposes a general duty upon managers of smoke free places to prevent smoking. The Bylaw imposes a specific duty on managers of smoke free places to post no-smoking signs. The 2007 Law establishes a fine between 1,000 and 20,000 pounds for failure to comply. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. |
Not Applicable |
Not Applicable |
|
Remove ashtrays |
No
No Analysis
The 2007 Law, Art. 2 (which adds Art. 6 Bis (3) to the 1981 Law) imposes a general duty upon managers of smoke free places to prevent smoking. However, neither the Law nor the Bylaw imposes a duty to remove ashtrays. 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 remove ashtrays from the premises. |
Not Applicable |
Not Applicable |
|
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities) |
Yes
Yes Analysis
The 2007 Law, Art. 2 (which adds Art. 6 Bis (3) to the 1981 Law) imposes a general duty upon managers of smoke free places to prevent smoking. Failure to comply is punishable by a fine between 1,000 and 20,000 pounds. Neither the law nor the bylaw states the specific steps a manager must take. The 1994 Law imposes a fine between 1,000 and 20,000 pounds upon managers of smoking-restricted establishments for failure to prevent smoking in smoke free areas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to prevent smoking. However, to improve enforceability, the law or bylaws should state the specific steps a manager should take, such as warning, discontinuing service (if applicable), and calling authorities, as recommended by the FCTC Art. 8 Guidelines. |
Not Applicable |
Not Applicable |
|
Not to smoke where prohibited |
Yes
Yes Analysis
The 2007 Law, Art. 2, (which adds Art. 6 Bis (3) to the 1981 Law) imposes a fine between 50 and 100 pounds upon those that smoke in smoke free places. The 1994 Law imposes a fine between 10 and 50 pounds for those who smoke on public transit. These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. |
Not Applicable |
Not Applicable |
|
Other |
No
No |
Not Applicable |
Not Applicable |
Egypt | ||||
---|---|---|---|---|
Are sub-national jurisdictions permitted to have smoke-free laws? |
Yes
Yes |
Not Applicable |
Not Applicable |