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Term --FCTC-Based Definition Togo
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 “work place” contained in a decree aligns with the definition provided for 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 transport” contained in a decree aligns with the definition provided for 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 Tobacco Control Law. The law’s smoke free measures provide that “it is forbidden to smoke” in certain places, rather than, for example, “no person shall be exposed to second hand smoke” in enclosed public places.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

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

Defined
Yes
Analysis

The definition of “smoking” contained in a decree aligns with the definition provided for 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 law aligns with the definition provided in the FCTC Art. 8 Guidelines. The definition of “public place” contained in a decree adds to the definition in the law by including all workplaces and public transport as “public places.”

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 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)

Defined
Yes
Analysis

The definition of “interior or enclosed” contained in a decree aligns with the definition provided for in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Togo
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

The law prohibits smoking in an enumerated list of places, which includes “offices open to the public” and “any other place frequented by the public.”  A decree defines “public places” to include all indoor public places, indoor workplaces and means of public transport, and those terms are comprehensively defined. Therefore, smoking is prohibited in all indoor workplaces except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals). A decree and an administrative order provide for technical standards for closed smoking rooms. 

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 law prohibits smoking in an enumerated list of places, which includes “any . . . place frequented by the public.”  A decree defines “public places” to include all indoor public places, indoor workplaces and means of public transport, and those terms are comprehensively defined. Therefore, smoking is prohibited in all indoor public places except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals). A decree and an administrative order provide for technical standards for closed smoking rooms. 

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places 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 an enumerated list of places, which includes “public transportation vehicles.” A decree clarifies that public transportation includes “all vehicles used for public or shared transportation, whether paid or otherwise.”

The law and decree align 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 and decree prohibit smoking in “government buildings.”

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.

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 and decree prohibit smoking in “health institutions,” which includes hospitals.

The law and decree align 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

The law and decree prohibit smoking in “health institutions,” which includes residential healthcare facilities.

The law and decree align 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

The law and decree prohibit smoking in “health institutions,” which includes non-residential healthcare facilities.

The law and decree align 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

The law and decree prohibit smoking in “schools” and “learning centers.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities/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 and decree prohibit smoking in “schools” and “learning centers.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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

The law and decree prohibit smoking in “university institutions.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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

The law and decree prohibit smoking in “any… place frequented by the public.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shops or stores.

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 and decree prohibit smoking in certain types of cultural facilities including “places for spectacles, movies, theater, concerts” and “libraries.” The law and decree also prohibit smoking in “any other place frequented by the public.” The decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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

The law and decree prohibit smoking in “sports arenas and grounds.” The law and decree also prohibit smoking in “any other place frequented by the public.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor stadiums or 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

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.

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 restaurants, to be 100% smoke free.

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

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.

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 bars, pubs, and nightclubs, to be 100% smoke free.

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 in “any… place frequented by the public.” The decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required. Further, while the law permits designated smoking areas in certain specified list of places, casinos are not on this list. Taken together, these provisions are interpreted as including casinos as a place where smoking is prohibited.

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
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 law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.

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 hotels, to be 100% smoke free.

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

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” The decree provides for technical standards for closed smoking rooms and a quota of not more than 20% of rooms to be smoking rooms in hotels and requires that the rooms must be grouped together. A decree and an administrative order provide for technical standards for closed smoking rooms.

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 all hotel guest rooms, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “any… place frequented by the public” and “government buildings.” These provisions are interpreted as including public areas of prisons. Further, while the law requires designated smoking areas in a list of certain specified places (transportation stations and terminals, hotels, restaurants, and bars), prisons are not on this list. Therefore, public areas of prisons are interpreted to be smoke free.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of prisons.

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 and decree prohibit smoking on all public transport vehicles and the decree provides that smoking is prohibited in any vehicle. Thus, smoking is prohibited on all trains, buses, and other shared ground transportation.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 and decree prohibit smoking on all public transport vehicles and the decree provides that smoking is prohibited in any vehicle. Thus, smoking is prohibited on all taxis.

The law and decree align 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

The law prohibits smoking on “vehicles of shared use, such as . . . public transport vehicles” and the decree provides that smoking is prohibited on aircraft.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
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 permits designated smoking areas on sea transport. However, a decree provides that all public transportation vehicles are smoke free. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport, including sea transport, to be 100% smoke free.

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

The law permits designated smoking areas in public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals. A decree and an administrative order provide for technical standards for closed smoking rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
Togo
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
Togo
Post signs
Yes
Yes
Analysis

Businesses/employers that fail to post no-smoking signs are subject to a fine of one million (1,000,000) to five million (5,000,000) FCFA. Fines may be doubled for repeat violations. Operating licenses may also be withdrawn.

An administrative order establishes the specifications of required signs.

The provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to post signs, provides for a range of penalties for failure to do so, and higher penalties for repeat violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

There is a duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. Businesses/employers that fail to remove ashtrays are subject to a fine of one million (1,000,000) to five million (5,000,000) FCFA. Fines may be doubled for repeat violations. Operating licenses may also be withdrawn.

The decree aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

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

The decree requires a business owner or employer to take specific steps to stop a person from smoking.

Businesses/employers that fail to carry out these steps are subject to a fine of one million (1,000,000) to five million (5,000,000) FCFA. Fines may be doubled for repeat violations. Operating licenses may also be withdrawn.

The decree aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

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

The law imposes a fine of one hundred thousand (100,000) to five hundred thousand (500,000) FCFA on individuals that violate smoking prohibitions and restrictions.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

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