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Term --FCTC-Based Definition Madagascar
Workplace View Definition

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

Defined
Yes
Analysis

The definition of “workplace” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that workplaces may be permanent or temporary.

Not Applicable
Not Applicable
Public Transport View Definition

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

Defined
Yes
Analysis

The definition of “public transportation” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines, and is more specific in that it explicitly includes taxis as a form of public transport.

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)

Defined
Yes
Analysis

The definition of “secondhand smoke” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

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

Defined
Yes
Analysis

The definition of “smoking” contained in the law 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 law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that public places may be permanent or temporary.

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 definition contained in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

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

Defined
Yes
Analysis

The definition of “indoor or enclosed places” aligns with the definition of “indoor” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Madagascar
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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, all indoor workplaces are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, all indoor public places are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor public places.

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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, all public transport is 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, all government facilities are 100% 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
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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, private offices are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, hospitals are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, patient areas of residential healthcare facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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

There is a comprehensive ban on smoking in all indoor workplaces, public places, and public transport. Therefore, non-residential healthcare facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, childcare facilities and preschools are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, primary and secondary schools are 100% SF. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, universities and vocational facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, shops are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, cultural facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, indoor stadiums and arenas are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor stadiums and 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, restaurants are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, bars, pubs, and nightclubs are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, casinos are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, public areas of hotels and lodging facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. However, the administrative order does not address hotel rooms specifically, and the regulatory status code “Uncertain” is given.

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, 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, public areas of prisons and detention facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, trains, buses, and other shared ground transportation are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to trains, buses, and other shared ground transportation.

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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. The definition of “public transportation” specifically includes taxis. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, commercial aircraft are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, commercial watercraft are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

There is a comprehensive ban on smoking in all indoor workplaces, indoor public places, and public transport. Therefore, public transport facilities are 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport facilities.

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

The administrative order imposes a duty on the persons responsible for a place to post signs enforcing the prohibition of smoking. Any violations of the administrative order are punishable by a fine of 2,500 Ariary per person caught in the act of smoking on the premises. Therefore, it does not appear that there are penalties associated with a violation of the duty to post signs itself.

The law does not specify the size or required text of signs, nor does it provide a way to report violations

To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for penalties based on the infraction committed, higher fines for repeat offenders, and other types of penalties, such as license suspension or revocation.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The administrative order imposes a duty on the persons responsible for a place to remove ashtrays. Any violations of the administrative order are punishable by a fine of 2,500 Ariary per person caught in the act of smoking on the premises. Therefore, it does not appear that there are penalties associated with a violation of the duty to remove ashtrays itself.

To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for penalties based on the infraction committed, higher fines for repeat offenders, and other types of penalties, such as license suspension or revocation.

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

The administrative order imposes a duty on the persons responsible for a place to take all measures to dissuade their patrons from smoking, and imposes a duty to notify the authorities if their patron does not stop smoking. Upon notifying the authorities, a fine of 2,500 Ariary for each smoker caught in the act is imposed. However, it is unclear whether this fine is to be imposed on the person in charge, the smoker, or both.

To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for fines based on the infraction committed, for a range of fines depending on the individual violating the law and for higher fines for repeat offenders.

Not Applicable
Not Applicable
Not to smoke where prohibited
Uncertain
Uncertain
Analysis

The administrative order imposes a duty on the person responsible for a place to take steps to stop patrons from smoking. Persons responsible for a place are required to notify the authorities if their patron does not stop smoking. Upon notifying the authorities, a fine of 2,500 Ariary for each smoker caught in the act is imposed. However, it is unclear whether this fine is to be imposed on the person in charge, the smoker, or both. The law should be clear about the application of penalties to smokers.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Madagascar
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable