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Term --FCTC-Based Definition Benin
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

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 “workplace,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “workplace” should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 20.

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

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 “public transport,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “public transport” should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 22.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary because the law prohibits smoking in specified places, rather than prohibiting exposure to second hand smoke.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

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

Not Defined
No
Analysis

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 “smoking” or “smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “smoking” or “smoke” should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 17.

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

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 a “public place,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “public place” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines para. 18.

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” 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)

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 “enclosed” or “indoor,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 19.

Not Applicable
Not Applicable
Benin
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 and related administrative order prohibit smoking in indoor workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. However, designated smoking rooms are not permitted in other indoor workplaces and public places which are required to be 100% smoke free, especially inside public or private educational institutions, centers for training or apprenticeship or athletic activities of minors, or in health institutions.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it permits the designation of smoking areas in certain indoor workplaces. 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 and related administrative order prohibit smoking in enclosed and covered public places and places subject to collective use, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. However, designated smoking rooms are not permitted in other indoor workplaces and public places which are required to be 100% smoke free, especially inside public or private educational institutions, centers for training or apprenticeship or athletic activities of minors, or in health institutions.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it permits the designation of smoking areas in certain indoor public places. 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 and related administrative order prohibit smoking on public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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 administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites public offices in a list of places where designated areas cannot be reserved for smoking. Therefore, government facilities are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites hospital institutions in a list of places that must be smoke free. Additionally, the administrative order includes a specific article stating that smoking areas may not be set up in healthcare institutions. Therefore, hospitals are 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. Public areas of residential healthcare facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Additionally, the administrative order includes a specific article stating that smoking areas may not be set up in healthcare institutions. Therefore, public areas in residential healthcare facilities are 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. Non-residential healthcare facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Additionally, the administrative order includes a specific article stating that smoking areas may not be set up in healthcare institutions. Therefore, non-residential healthcare facilities are 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The administrative order includes a specific article stating that smoking areas may not be set up in public or private educational institutions or in establishments intended to be regularly used for the reception or activities of minors. Additionally, the law specifically cites educational institutions in a list of places which must be 100% smoke free.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities.

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 administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The administrative order includes a specific article stating that smoking areas may not be set up in public or private educational institutions or in establishments intended to be regularly used for the reception or activities of minors. Additionally, the law specifically cites educational institutions in a list of places which must be 100% smoke free.

Therefore, 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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The administrative order includes a specific article stating that smoking areas may not be set up in public or private educational institutions. Additionally, the law specifically cites educational institutions in a list of places which must be 100% smoke free.

Therefore, 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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in airports, hotels, restaurants, bars, and the like. Shops are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, shops are 100% smoke free.

Therefore, 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 law and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites venues for public spectacles, cinemas, movie theaters, concerts, and libraries in a list of places which must be 100% smoke free. Furthermore, cultural facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, cultural facilities are 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites venues for athletic events in a list of places which must be 100% smoke free. Furthermore, indoor stadiums and arenas are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, indoor stadiums and arenas are 100% smoke free.

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
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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In restaurants, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in restaurants. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require 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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In bars, pubs, and nightclubs, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in bars, pubs, and nightclubs. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require bars, pubs, and nightclubs to be 100% smoke free.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In casinos, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in casinos. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require casinos to be 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In public areas of hotels, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in hotels. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require the public areas of hotels to be 100% smoke free.

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

The law and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like.

Guest rooms in hotels are not specifically addressed. Therefore, the regulatory status “Uncertain” is assigned.

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, specifically 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

The law and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. Prisons and detention facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, public areas of prisons and detention facilities are 100% smoke free

Therefore, the legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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

The law prohibits smoking in public surface transportation and the administrative order applies the smoking ban to all means of public transportation. Therefore, smoking is prohibited on 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 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 public surface transportation and the administrative order applies the smoking ban to all means of public transportation. Although “public transportation” is not defined, this provision is interpreted as prohibiting smoking in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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 administrative order prohibits smoking in means of public transportation. This includes commercial aircraft.

Therefore, 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 administrative order prohibits smoking in means of public transportation. Additionally, the law specifically prohibits smoking in boats, motor launches, and canoes as places subject to common use. Therefore, smoking is prohibited on 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)
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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like.

The administrative order permits designated smoking areas in airports, bus stations, train stations, ship terminals, and docks, subject to certain technical requirements. Therefore, public transport facilities are not 100% smoke free as separate smoking rooms may be designated in many public transport facilities.

The legislation does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in all public transport facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
Benin
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
Benin
Post signs
Yes
Yes
Analysis

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 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. Any person that violates the duty to post signs is subject to a fine of 50,000 to 500,000 CFA francs, to imprisonment of up to ten days, or both.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty to remove ashtrays from smoke free areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should impose upon business owners or employers or supervisors to remove ashtrays from smoke free areas.

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

The law imposes sanctions for any person who fails to comply with the prohibition of smoking in places subject to shared use. However, it is unclear whether business owners or employers would be sanctioned for people smoking where prohibited in their premises. The law does not detail any obligations imposed upon owners or employers 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 on business owners or employers a duty to take reasonable steps to require a person to stop smoking.

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

The law imposes sanctions for any person who fails to comply with the prohibition of smoking in places subject to shared use. Sanctions are divided into two categories based on where the infraction occurs. Any person who fails to comply with the prohibition of smoking in certain places subject to shared use is susceptible to a fine of 50,000 to 500,000 CFA francs, to imprisonment of up to ten days, or both. The places subject to shared use are: educational institutions; hospital institutions; venues for public spectacles, cinemas, movie theaters and concerts; venues for athletic events; libraries; elevators; public and private offices; and public surface transportation.

For failure to comply with the prohibition of smoking in other spaces of common use, violators are subject to a fine of 500,000 to 5,000,000 CFA francs.

The law provides the same penalties on business owners who fail to post signs as it imposes on smokers who violate the law. FCTC Art. 8 Guidelines para. 32 provides that “larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing higher penalties on business owners who fail to enforce smoke free areas than on smokers.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Within designated smoking areas, the owners of the premises must post signs clearly identifying the smoking area. These signs must comply with the following requirements: (a) measure at least 19 cm x 19 cm; and (b) the information posted on the signs must state “SMOKING AREA” and cover 80% of the surface area of the sign.

In addition, ashtrays must be made available in designated smoking rooms.

Violators are subject to a fine of 500,000 to 5,000,000 CFA francs.

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