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Term --FCTC-Based Definition Burundi
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

The law does not contain a definition of "workplace." The law prohibits smoking in any workplace. The failure to define "workplace" may impede enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law 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 law does not contain a definition of "public transport." The law prohibits smoking in any public transportation vehicle. The failure to define "public transport" may impede enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, 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
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 it is prohibited to . . . expose others to tobacco smoke 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

The law does not contain a definition of "smoking" or "smoke." The lack of this key definition could impede implementation and enforcement of provisions that prohibit or restrict smoking in specified places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "smoke" or "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)

Not Defined
No
Analysis

The law does not contain a definition of "public place." The law prohibits smoking in public places. The failure to define "public place" may impede enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

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

Defined
Yes
Analysis

The definition of "tobacco products" contained in the law aligns with the definition of "tobacco product" provided in FCTC Art. 1.

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 law does not contain a definition of "indoor" or "enclosed." The law prohibits smoking in public places. The failure to define "enclosed" may impede enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "indoor" or "enclosed" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Burundi
All indoor workplaces
Yes
Yes
Analysis

The law prohibits smoking or exposing others to tobacco smoke in all public places including workplaces. 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
Yes
Yes
Analysis

The law prohibits smoking or exposing others to tobacco smoke in public places. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

Not Applicable
Not Applicable
All public transport
Yes
Yes
Analysis

The law prohibits smoking in any vehicle used for public transportation. 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

The law prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in government facilities. 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

The law prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in public areas of residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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

The law prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in indoor stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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

The law prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in restaurants. 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in bars, pubs and nightclubs. 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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 or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in public areas of hotels and lodgings. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in guest rooms of hotels and other lodging. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in guest rooms of hotels and other lodging.

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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking in public areas of prisons and detention facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 any vehicle used for public transportation. Therefore, the law prohibits smoking in trains, buses, and other shared ground transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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

The law prohibits smoking in any vehicle used for public transportation. Therefore, the law prohibits smoking in 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 prohibits smoking in any vehicle used for public transportation. Therefore, the law prohibits 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 prohibits smoking in any vehicle used for public transportation. Therefore, the law prohibits 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 prohibits smoking or exposing others to tobacco smoke in all workplaces and public places. Therefore, the law prohibits smoking 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
Burundi
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
Burundi
Post signs
Yes
Yes
Analysis

The law requires that any proprietor or manager of a public space post signs, and any proprietor or manager who fails to post the sign is subject to a fine of 50,000-150,000 Burundian Francs.

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 FCTC Art. 8 and 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 as well as provide a way to report violations.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays.

To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31(b), the law should impose a duty to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

The law does not specifically impose upon business owners, employers, or supervisors a duty to take steps to require a person to stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose upon business owners, employers, or supervisors 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 duty on smokers not to smoke where prohibited. A person who violates the law is subject to seven days in prison and/or a fine of 10,000-50,000 Burundian francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes fines on smokers who smoke where prohibited.

Not Applicable
Not Applicable
Other
Yes
Yes
Not Applicable
Not Applicable
Burundi
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable