|
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|
Term | --FCTC-Based Definition | Mauritius | ||
---|---|---|---|---|
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 aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. |
Not Applicable
|
Not Applicable
|
Public Transport |
View Definition Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22) |
Defined
Yes
Analysis
The definition of “public conveyance” aligns with the definition of “public transport” contained 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
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “second hand smoke” or similar terms should be provided in accordance 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 “smoke” 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 aligns with and is more expansive than the definition of “public place” contained in the FCTC Art. 8 Guidelines. The definition encompasses not only the concept of “public place” as contained in the Guidelines, but also the concepts of public conveyance and workplace. The Guidelines treat these as separate terms and concepts. Functionally, the definition works within the framework of the Mauritius legislation and aligns with 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” aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component, making the smoking ban applicable to such products as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco leaves). |
Not Applicable
|
Not Applicable
|
Indoor or Enclosed |
View Definition Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19) |
Defined
Yes
Analysis
The definition of “indoor area” aligns with the definition of "indoor" provided in the FCTC Art. 8 Guidelines. |
Not Applicable
|
Not Applicable
|
Mauritius | ||||
---|---|---|---|---|
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
Smoking is restricted to designated smoking areas in workplaces. This is because the Public Health Regulations prohibit smoking in “public places,” which by definition includes workplaces, “but excludes an area demarcated for” smoking in the workplace. Likewise, OSHA prohibits smoking in the workplace, except for areas demarcated for smoking. Although all public places are workplaces for someone, in practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, not those workplaces that are open to the general public. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
All indoor public places |
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions. Analysis
The Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. Thus, indoor workplaces, which are also public places, are not required to be 100% smoke free. Accordingly, the regulatory status "Smoking is Restricted" is given. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public places, including all workplaces, to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
All public transport |
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted. Analysis
The law prohibits smoking in all “public places,” which includes by definition all public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport. |
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
Smoking is restricted to designated smoking areas in government office facilities and prohibited in other government facilities that are public places (e.g., government-run libraries or cultural facilities). This is because the Public Health Regulations prohibit smoking in “public places,” which by definition includes workplaces, “but excludes an area demarcated for” smoking in the workplace. Likewise, OSHA prohibits smoking in the workplace, except for areas demarcated for smoking. |
Not Applicable |
Not Applicable |
|
Private offices |
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
Smoking is restricted to designated smoking areas in indoor private offices. This is because the Public Health Regulations prohibit smoking in “public places,” which by definition includes workplaces, “but excludes an area demarcated for” smoking in the workplace. Likewise, OSHA prohibits smoking in the workplace, except for areas demarcated for smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, which would include private offices. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
Hospitals |
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted. Analysis
The Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as hospitals. Under the Regulations, as implemented in practice, hospitals are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as public areas of residential healthcare facilities. Under the Regulations, as implemented in practice, public areas of residential healthcare facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in 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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as non-residential healthcare facilities. Under the Regulations, as implemented in practice, non-residential healthcare facilities are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as childcare facilities and preschools. Under the Regulations, as implemented in practice, childcare facilities and preschools are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as primary and secondary schools. Under the Regulations, as implemented in practice, primary and secondary schools are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in “public places,” which is defined as “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as universities and vocational facilities. Under the Regulations, as implemented in practice, universities and vocational facilities are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as shops. Under the Regulations, as implemented in practice, shops are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such cultural facilities Under the Regulations, as implemented in practice, cultural facilities are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as indoor stadiums and arenas. Under the Regulations, as implemented in practice, indoor stadiums and arenas are considered “public places” and therefore smoking is prohibited. In addition, under the First Schedule of the Public Health Regulations smoking is prohibited in outdoor areas of 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public” and any “place specified in the First Schedule.” The First Schedule includes “cafes, bars, nightclubs and restaurants.” Thus, smoking is prohibited 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public” and any “place specified in the First Schedule.” The First Schedule includes “cafes, bars, nightclubs and restaurants.” Thus, smoking is prohibited 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such casinos. Under the Regulations, as implemented in practice, casinos are considered “public places” and therefore smoking is prohibited. 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as public areas of hotels. Under the Regulations, as implemented in practice, public areas of hotels are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in 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
Smoking is prohibited in hotels as a “public place.” The law, however, does not specifically address guest rooms in hotels. Therefore, the regulatory status of smoking in hotel guest rooms is “Uncertain.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free, including hotel guest rooms. |
Not Applicable |
Not Applicable |
|
Prisons/detention facilities - public areas |
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 does not specifically address prisons and detention facilities. Under the law, public areas in prisons could be considered public places in which smoking is prohibited, or they could be considered workplaces in which smoking is restricted to demarcated areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free. |
Not Applicable |
Not Applicable |
|
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
Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses trains, buses, and other ground transportation. Thus, smoking is prohibited on all ground transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including 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
Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses taxis. Thus, smoking is prohibited in taxis. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including 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
Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses commercial aircraft. Thus, smoking is prohibited in commercial aircraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including 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
Article 3 of the Public Health Regulations prohibits smoking in a “public place,” which by definition includes “a public conveyance.” The broad definition of “public conveyance” (any means of transport carrying passengers for reward or hire) encompasses commercial watercraft. Thus, smoking is prohibited in commercial watercraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transportation including 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 Public Health Regulations prohibit smoking in a “public place,” which by definition includes “any indoor area which is open to the public or any part of the public.” However, the definition of “public place” also includes a workplace “but exclud[ing] an area demarcated for” smoking. In practice, smoking is permitted in designated smoking areas in only those workplaces that are office settings, and not in settings such as public transport facilities. Under the Regulations, as implemented in practice, public transport facilities are considered “public places” and therefore smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities. |
Not Applicable |
Not Applicable |
Mauritius | ||||
---|---|---|---|---|
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 |
Mauritius | ||||
---|---|---|---|---|
Post signs |
Yes
Yes Analysis
Article 3(d) of the Public Health Regulations of 2008 imposes a duty upon business owners/supervisors to post signs stating that smoking is prohibited. Failure to post signs is subject to the following penalties: 1) for the first offense, a fine between 5,000 and 8,000 rupees; 2) for the second offense, a fine between 8,000 and 10,000 rupees; 3) for a third or subsequent offense, imprisonment up to 12 months. The law imposes the same penalty upon business owners who violate the law as it does upon smokers. To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 32, the law should impose a larger penalty on business owners, who generally have greater resources, as this would serve as a greater deterrent. |
Not Applicable |
Not Applicable |
|
Remove ashtrays |
No
No Analysis
There is no duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises. |
Not Applicable |
Not Applicable |
|
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities) |
Yes
Yes Analysis
Article 3(c) of the Public Health Regulations of 2008 imposes a duty upon business owners/supervisors to take reasonable steps to stop a person from smoking. Failure to take such steps is subject to the following penalties: 1) for the first offense, a fine between 5,000 and 8,000 rupees; 2) for the second offense, a fine between 8,000 and 10,000 rupees; 3) for a third or subsequent offense, imprisonment up to 12 months. The law imposes the same penalty upon business owners who violate the law as it does upon smokers. To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 32, the law should impose a larger penalty on business owners, who generally have greater resources, as this would serve as a greater deterrent. |
Not Applicable |
Not Applicable |
|
Not to smoke where prohibited |
Yes
Yes Analysis
Article 3(a) of the Public Health Regulations of 2008 imposes a duty upon smokers not to smoke. Smoking where smoking is prohibited is subject to the following penalties: 1) for the first offense, a fine between 5,000 and 8,000 rupees; 2) for the second offense, a fine between 8,000 and 10,000 rupees; 3) for a third or subsequent offense, imprisonment up to 12 months. The law imposes the same penalty upon business owners who violate the law as it does upon smokers. To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 32, the law should impose a larger penalty on business owners, who generally have greater resources, as this would serve as a greater deterrent. |
Not Applicable |
Not Applicable |
|
Other |
No
No |
Not Applicable |
Not Applicable |
Mauritius | ||||
---|---|---|---|---|
Are sub-national jurisdictions permitted to have smoke-free laws? |
Yes
Yes |
Not Applicable |
Not Applicable |