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|
Term | --FCTC-Based Definition | Chad | ||
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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 “interior workplace” in the law aligns with the definition of “workplace” in the FCTC Art. 8 Guidelines. However, the notion of “regardless of whether the work is done for compensation or on a voluntary basis” is not explicitly mentioned. |
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 transport” provided in the law is limited to means of “motorized transportation.” Nonetheless, the definition in the law aligns with the main concepts of the definition of “public transport” as provided in the FCTC Art. 8 Guidelines. The law could be strengthened by utilizing the definition contained in the FCTC Art. 8 Guidelines to ensure comprehensive coverage and interpretation of the law. |
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 in the law. 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) |
Defined
Yes
Analysis
This definition contains the same concepts and therefore 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 places” contained in the Tobacco Control Law aligns with the definition provided in the FCTC Art. 8 Guidelines in that it includes all places accessible to the general public, including those that are temporary or permanent. However, the definition could be clearer if it specified that the definition applied regardless of ownership or right of access. Additionally, lists of public places covered by the smoking ban can create confusion about whether the list is all inclusive or merely meant to provide examples. Such lists should not be necessary if the broad definitions of “indoor,” “enclosed,” “workplaces,” and “public places” provided in the FCTC Art. 8 Guidelines are used. At a minimum, the list of places should be clearly marked as illustrative by using the phrase “including but not limited to.” |
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 and tobacco product” aligns with and is broader than the FCTC definition in that it applies to accessories intended to facilitate tobacco use as well as tobacco itself. |
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) |
Not Defined
No
Analysis
The Tobacco Control law does not define “indoor” or “enclosed.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of "indoor" or "enclosed" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19. |
Not Applicable
|
Not Applicable
|
Chad | ||||
---|---|---|---|---|
All indoor workplaces |
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
Smoking is prohibited in all indoor workplaces, and the creation and/or operation of “public salons intended for the consumption of tobacco” is prohibited. The law defines “interior workplace” to include areas commonly used during the normal course of employment, such as hallways, entrances, cafeterias, and bathrooms. Therefore, smoking is also prohibited in these areas of indoor workplaces. However, in practice, the prohibition on smoking in bars and restaurants is not well enforced. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces. |
Not Applicable |
Not Applicable |
|
All indoor public places |
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
Smoking is prohibited in all enclosed public places, and the creation and/or operation of “public salons intended for the consumption of tobacco” is prohibited. This provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. Moreover, this provision is broader than FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it bans smoking in “tents, hangars, marquees and other similar structures, whether permanent or temporary, and accommodate the public.” However, in practice, the prohibition on smoking in bars and restaurants is not well enforced. |
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
The law prohibits smoking in public transport, which is defined as “any means of motorized transportation for people, including elevators, to which they have access, whether free of charge or through payment.” The law also prohibits smoking in closed vehicles used for work. Therefore, public transport is smoke free and this provision aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law could be strengthened by clarifying that the prohibition of smoking in public transport extends to non-motorized vehicles as well. |
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
The law prohibits smoking in public places and specifically cites government facilities in a list of examples of public places. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities. |
Not Applicable |
Not Applicable |
|
Private offices |
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
Smoking is prohibited in all indoor workplaces and public places, including private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor private offices. |
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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in hospitals. Therefore, smoking is prohibited in hospitals. 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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in healthcare institutions. Therefore, smoking is prohibited in the public areas of residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the 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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in healthcare institutions. Therefore, smoking is prohibited in non-residential healthcare facilities. 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
The law generally prohibits smoking in all indoor workplaces and public places. Therefore, smoking is prohibited in childcare facilities and preschools as these are workplaces for some people and public places for all. Smoking is specifically prohibited in “any facility providing accommodation for minors,” although it is unclear whether these facilities encompass childcare facilities and preschools. 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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in elementary and secondary institutions. Therefore, smoking is prohibited in primary and secondary schools. 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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in “technical, professional and higher and scientific educational institutions.” Therefore, smoking is prohibited in universities and vocational facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities. |
Not Applicable |
Not Applicable |
|
Shops |
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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in stores. Therefore, smoking is prohibited in shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops. |
Not Applicable |
Not Applicable |
|
Cultural 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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in cultural establishments. Therefore, smoking is prohibited in cultural facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities. |
Not Applicable |
Not Applicable |
|
Indoor stadium/arenas |
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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in stadiums. Therefore, smoking is prohibited in stadiums. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas. |
Not Applicable |
Not Applicable |
|
Restaurants |
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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in restaurants. Therefore, smoking is prohibited in restaurants. However, in practice, the prohibition on smoking in restaurants is not well enforced. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants. |
Not Applicable |
Not Applicable |
|
Bars/pubs/nightclubs |
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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in bars, snack bars and night clubs. Therefore, smoking is prohibited in bars, pubs and nightclubs. However, in practice, the prohibition on smoking in bars/pubs/nightclubs is not well enforced. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs. |
Not Applicable |
Not Applicable |
|
Casinos |
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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in casinos. Therefore, smoking is prohibited in casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos. |
Not Applicable |
Not Applicable |
|
Hotels/lodging - 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
The law prohibits smoking in all indoor workplaces and public places. Therefore, smoking is prohibited in public areas of hotels, as these are workplaces for some people, and public places for others. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels. |
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
The law prohibits smoking in all indoor workplaces and public places; however, guest rooms in hotels are not specifically addressed. Therefore, the regulatory status “Uncertain” is assigned. 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, specifically including guest rooms in hotels and other lodging, to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Prisons/detention 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
The law generally prohibits smoking in all indoor workplaces and public places and specifically prohibits smoking in penitentiaries. Therefore, smoking is prohibited in the public areas of prisons and detention facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities. |
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
The law prohibits smoking in public transport, which is defined as “any means of motorized transportation for people, including elevators, to which they have access, whether free of charge or through payment.” The law also prohibits smoking in closed vehicles used for work. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation. The law could be strengthened by clarifying that the prohibition on smoking in public transport extends to non-motorized vehicles. |
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
The law generally prohibits smoking in all motorized public transport and closed vehicles used during work, specifically including taxis. Therefore, smoking is prohibited taxis. 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
The law generally prohibits smoking in all motorized forms of public transport and in indoor workplaces including closed vehicles used during work. Because commercial aircraft are both motorized forms of public transport and workplaces for some, we interpret the law as prohibiting smoking in commercial aircraft. 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
The law generally prohibits smoking in all motorized forms of public transport and in indoor workplaces including closed vehicles used during work. Because commercial watercraft can be motorized forms of public transport and are workplaces for some, we interpret the law as prohibiting smoking in commercial watercraft. 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) |
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
The law generally prohibits smoking in all indoor workplaces and public places. Public transport facilities are workplaces for some, and fall under the definition of public places. Therefore, smoking is prohibited in public transport facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities. |
Not Applicable |
Not Applicable |
Chad | ||||
---|---|---|---|---|
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 |
Chad | ||||
---|---|---|---|---|
Post signs |
Yes
Yes Analysis
The law requires those responsible for the premises to post signs. However, the law does not specify the size or text of the signs, or specify that signs should state a way to report violations. Offenders are subject to a fine of between 50 and 20,000 francs, and may be subject to imprisonment for up to fifteen days. In the case of repeat offenses, the fines may be doubled and establishments may be closed. 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 Art. 8 Guidelines, the law or any regulations issued under the law should specify the size, content, and format of the no-smoking signs. |
Not Applicable |
Not Applicable |
|
Remove ashtrays |
Yes
Yes Analysis
The law does not impose an affirmative duty to remove ashtrays from the premises. However, the law prohibits those responsible for the premises to “knowingly act in any way whatsoever to favor the violation of this prohibition.” We interpret this as requiring business owners, employers, or supervisors to take steps to discourage smoking in their premises, which could include removing ashtrays. Offenders are subject to a fine of between 50 and 20/,000 francs, and may be subject to imprisonment for up to fifteen days. In the case of repeat offenses, the fines may be doubled and establishments may be closed. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the compliance with a smoking ban, and failure to remove ashtrays would presumably favor the violation of the law. However, to more fully align with the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should articulate an affirmative duty to remove ashtrays. |
Not Applicable |
Not Applicable |
|
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities) |
Yes
Yes Analysis
Owners, employers, and supervisors of stores or establishments are prohibited from authorizing or tolerating the use of tobacco products in their establishments. They are also forbidden from knowingly acting in any way to favor violation of the law. We interpret these provisions as implying a duty to take reasonable steps to require a person to stop smoking. Offenders who have violated the ban on smoking shall be punished by a fine of 500 to 20,000 francs, inclusive, and may be subject to imprisonment for up to fifteen days. In the case of repeat offenses, the fines may be doubled and establishments may be closed. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to a duty to take steps to require a person to stop smoking. |
Not Applicable |
Not Applicable |
|
Not to smoke where prohibited |
Yes
Yes Analysis
The law imposes a fine on offenders who have infringed the ban on smoking of 500 to 20,000 francs, and provides that those violating the law may be imprisoned for up to fifteen days. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited. |
Not Applicable |
Not Applicable |
|
Other |
Yes
Yes Analysis
Any person responsible for any premises where smoking is prohibited who makes a place for smoking available is subject to a fine of 500 to 20,000 francs and potential imprisonment for up to fifteen days. Further, administrative proceedings may be initiated for violating the law. Additionally, any person whose behavior encourages minors to smoke is subject to a punishment of imprisonment for up to fifteen days and a fine ranging from 500 to 30,000 francs. |
Not Applicable |
Not Applicable |
Chad | ||||
---|---|---|---|---|
Are sub-national jurisdictions permitted to have smoke-free laws? |
No
No |
Not Applicable |
Not Applicable |