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Term --FCTC-Based Definition Tanzania
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 “enclosed workplace” contained in the Tobacco Products Act does not align with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. The definition in the Act does not specify whether a workplace building or structure may be temporary in nature, whether workplace includes places where work is done on a voluntary basis, or whether all workplace private offices and common areas are encompassed by the definition. It is also unclear what is meant by “enclosed” as this term is not defined separately in the Act. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “workplace” 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)

Not Defined
No
Analysis

The Tobacco Act does not contain a definition of “public transport.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “public transport” in accordance with the definition provided 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

The Tobacco Act does not contain a definition of “second hand smoke.” However, a definition in the law is not strictly necessary because the law prohibits or restricts “smoking” in certain places, 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)

Not Defined
No
Analysis

The Tobacco Act does not contain a definition of “smoking” or “smoke.” The law restricts “smoking” in certain enclosed public places and workplaces, and therefore the failure to define “smoking” may impede enforcement of these provisions of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “smoking” 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 definition of “public place” in the Tobacco Act does not align with the definition provided in the FCTC Art. 8 Guidelines. The Act provides a list of types of public places where smoking is prohibited, rather than defining “public place” broadly. Therefore, many types of public places may, intentionally or unintentionally, not be covered by the restrictions on smoking in the Act. However, the Tobacco Products Regulations contains broader definitions of “public place” and “public building” that aligns with the definition of “public place” contained 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 Tobacco Products Act could be strengthened by also covering tobacco products intended for snuffing. The Act should contain a definition of “tobacco product” in accordance 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)

Not Defined
No
Analysis

The Tobacco Act does not contain a definition of “indoor” or “enclosed.” The law restricts smoking in certain enclosed public places and workplaces, and therefore the failure to define “enclosed” may impede enforcement of these provisions of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tanzania
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 12 of the Tobacco Products Act prohibits smoking in a “public place”; however, it requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Further, Sec. 13 specifically requires the owner or occupier of a “higher educational establishment, an office building, a hotel, bar or a restaurant, and any other entertainment facility” to set aside rooms for smoking and non-smoking. Likewise, Sec. 14 states that the owner, occupier or operator of a public place or business “shall” identify rooms where smoking is permitted. Section 14(2) of the Act further states that “an employer may designate one or more locations in an enclosed workplace as a smoking area.” 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 in all parts of all indoor workplaces.

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 12 of the Tobacco Products Act prohibits smoking in a “public place”; however, it requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Further, Sec. 13 specifically requires the owner or occupier of a “higher educational establishment, an office building, a hotel, bar or a restaurant, and any other entertainment facility” to set aside rooms for smoking and non-smoking. Likewise, Sec. 14 states that the owner, occupier or operator of a public place or business “shall” identify rooms where smoking is permitted. 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 in all parts of all indoor 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 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea.” 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 in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

The Tobacco Products Act does not specifically address smoking in government facilities. However, Sec. 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places and “any other enclosed place to which the public has admittance.” Similarly, Sec. 13 of the Act restricts smoking to designated smoking rooms in “office buildings”, among other places. Office buildings and “other enclosed places to which the public has admittance” are interpreted as being inclusive of government facilities. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “office buildings . . . and any other enclosed place to which the public has admittance.” Further, Sec. 13 goes on to state: “Any person being in charge of . . . an office building . . . shall set aside rooms for smoking and non-smoking.” It is unclear from these provisions whether a designated smoking room may be a private office or whether the designated smoking room must be a communal space. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “health care establishments.” 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “health care establishments.” 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “health care establishments.” 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 in all parts of all indoor public places and workplaces, 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

The Tobacco Products Act does not specifically address smoking in childcare facilities or preschools. However, Sec. 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places and “any other enclosed place to which the public has admittance.” This provision – “other enclosed place to which the public has admittance” – is interpreted as including childcare facilities and preschools. 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 in all parts of all indoor public places and workplaces, 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

The Tobacco Products Act does not specifically address smoking in primary and secondary schools. However, Sec. 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places and “any other enclosed place to which the public has admittance.” This provision – “other enclosed place to which the public has admittance” – is interpreted as including primary and secondary schools. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. Section 13 further states that “any person being in charge of higher educational establishment . . . shall set aside rooms for smoking and non-smoking.” 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 in all parts of all indoor public places and workplaces, including higher educational establishments such as 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “enclosed environment such as markets, malls and any other enclosed place to which the public has admittance.” 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “enclosed premises intended for socio-cultural meetings . . . and any other enclosed place to which the public has admittance.” This provision is interpreted as including all cultural facilities. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “enclosed premises intended for socio-cultural meetings, sporting or recreational activities.” This provision is interpreted as including all indoor stadiums and arenas. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “public eating places.” Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “public eating places . . . and any other enclosed place to which the public has admittance.” Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” Both of these provisions are interpreted as including bars, pubs, and nightclubs. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance.” Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” Both of these provisions are interpreted as including casinos. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance.” Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” These provisions are interpreted as covering public areas of hotels and other lodging. 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 in all parts of all indoor public places and workplaces, including public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance.” Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” This provision of Sec. 13 is interpreted as covering hotels rooms, which may be smoking or non-smoking. In practice, some hotels maintain a smoke-free policy in guest rooms. However, because smoking may be permitted in hotel guest rooms, 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 indoor public places and workplaces, including hotel guestrooms.

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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance.” This provision is interpreted as covering public areas of prisons and detention facilities. 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 in all parts of all indoor public places and workplaces, 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 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea.” The term “public transport” is not defined.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
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 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea.” The term “public transport” is not defined. It is unclear, however, how implementation of designated smoking areas in taxis would work. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial aircraft
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 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea.” The term “public transport” is not defined.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial watercraft
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 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea.” The term “public transport” is not defined.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance.” This provision is interpreted as covering indoor public transport facilities. 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 in all parts of all indoor public places and workplaces, including public transport facilities.

Not Applicable
Not Applicable
Tanzania
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
Tanzania
Post signs
Yes
Yes
Analysis

Section 14(c) of the Tobacco Products Act requires the owner, occupier or operator of a public place or business to post signs stating where smoking is prohibited and permitted. The Tobacco Products Regulations contain further details about the signage requirements, including the size, location, and contents. The law requires that signs be displayed at the entrance or reception of every smoking or non-smoking area. For a non-smoking area, signs must contain the message in English and Kiswahili: "this is a nonsmoking area" and "failure to comply with this notice is a criminal offence." In addition, the law requires that in every public toilet and guest room the following message be displayed in English and Kiswahili: "do not smoke in a prohibited area, smoke in a smoking area."

Failure to post the required signs is punishable by a fine and/or imprisonment. (The exact amounts and terms are uncertain as they differ between the Tobacco Products Act and the Tobacco Products Regulations.) Under Sec. 34 of the Act, if the violator continues to violate the Act on more than one day, the violator “is liable to be convicted for a separate offense for each day on which the offence is committed or continues.” In addition under Sec. 36, a court may, in its discretion, prohibit “the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to post signs where smoking is prohibited and imposes penalties for violations of that duty. To more fully align, the law should require signage to provide a phone number or other way to report violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

A person shall not place accessories (‘accessory’ is defined in the Tobacco Products Act of 2003 to include ashtrays) in areas where smoking is prohibited. If an accessory is placed in an area where smoking is permitted, the accessory shall contain health messages in Kiswahili and English languages. However, the regulations do not establish a penalty for violation of the duty to remove ashtrays from non-smoking areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for failure to remove ashtrays from areas where smoking is prohibited.

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

The law requires that business owners or occupiers “take all reasonable steps” to ensure compliance. The law further specifies what constitutes “reasonable steps” when a person is smoking where prohibited, specifically – asking a person to stop smoking, demanding the person leave the premises, refusing further service, and notifying law enforcement. However, the regulations do not establish a penalty for violation of this duty.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties on business owners or occupiers who fail to take reasonable steps to require a person to stop smoking.

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

Section 12 of the Tobacco Products Act imposes a duty on smokers not to smoke where prohibited. Under Sec. 33(3), violators of this provision are subject to a penalty of a “fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year.”

Not Applicable
Not Applicable
Other
No
No
Analysis

Section 12 of the Tobacco Products Act imposes a duty on smokers not to smoke where prohibited. Under Sec. 33(3), violators of this provision are subject to a penalty of a “fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year.”

Not Applicable
Not Applicable
Tanzania
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable