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Term --FCTC-Based Definition Comoros
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 or restricts smoking in places of employment and some enclosed public places, The failure to define “place of employment” 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 and make clear that smoking is prohibited in all indoor workplaces.
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” aligns 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)

Defined
Yes
Analysis
This definition could be made stronger by defining it in accordance with the FCTC Art. 8 Guidelines to specify that second hand smoke is smoke that is emitted from the burning end of a cigarette or other tobacco product, in combination with smoke exhaled from the smoker.
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 does not align with the FCTC Art. 8 guidelines definition. The term should be defined to include being in possession or control of a lit tobacco product.
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” does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 and make clear that smoking is prohibited in all indoor 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 FCTC definition.
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
There is no separate definition for the terms "indoor" or "enclosed." However, the law defines "enclosed public place" and within that definition defines the term "enclosed." The definition of "enclosed public place" is narrower than the definition provided by the FCTC because it encompasses any enclosed place “whether covered or not” whereas the FCTC definition encompasses places with "one or more walls." Therefore, the scope of the ban on smoking in enclosed public places is less expansive than envisioned by FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with the FCTC Art. 8 Guidelines, a definition of "enclosed" or "indoor" should be provided in accordance with the FCTC Art. 8 Guidelines.
Not Applicable
Not Applicable
Comoros
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 any building of public or private employment but is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of some workplaces to create a zone for smoking. Although the law does not define workplace, smoking is prohibited in many workplaces. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. 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 all indoor public places except those used for personal habitation, but is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of some public places to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. 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 on all public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all 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
The law prohibits smoking in all workplaces and government buildings, but is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor government facilities to be 100% smoke free.
Not Applicable
Not Applicable
Hospitals
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, among other places, in hospital and healthcare facilities and any other institutions dealing with public or private health, as well as places of public use for the intake, care and accommodation of patients. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work to create a zone for smoking. Therefore, some parts of hospitals may not be smoke free. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor hospitals to be 100% smoke free.
Not Applicable
Not Applicable
Residential healthcare facilities - 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 prohibits smoking, among other places, in hospital and healthcare facilities and any other institutions dealing with public or private health, as well as places of public use for the intake, care and accommodation of patients. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work to create a zone for smoking. Therefore, some parts of public areas in residential healthcare facilities may not be smoke free. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including public areas of residential healthcare facilities, to be 100% smoke free.
Not Applicable
Not Applicable
Non-residential healthcare 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
The law prohibits smoking, among other places, in hospital and healthcare facilities and any other institutions dealing with public or private health, as well as places of public use for the intake, care and accommodation of patients. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work to create a zone for smoking. Therefore some parts of public areas in non-residential healthcare facilities may not be smoke free. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including non-residential healthcare facilities, to be 100% smoke free.
Not Applicable
Not Applicable
Childcare facilities/preschools
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 legal measures in effect in Comoros are difficult to interpret due to inconsistencies and contradictory provisions in the law and implementing instruments. Therefore, the regulatory status code and analysis of the measures may be subject to several alternative interpretations. The law prohibits smoking in childcare facilities. However, the law is subject to the provisions of Administrative Order No. 13 – 012 and Article 10 of the Tobacco Control Law which permits a person in control of offices and places where people work to create a zone for smoking. It is unclear whether the law provides for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including childcare facilities and preschools, to be 100% smoke free.
Not Applicable
Not Applicable
Primary and secondary schools
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 legal measures in effect in Comoros are difficult to interpret due to inconsistencies and contradictory provisions in the law and implementing instruments. Therefore, the regulatory status code and analysis of the measures may be subject to several alternative interpretations. The law prohibits smoking, among other places, in primary schools, middle schools and public and private high schools. However, the law is subject to the provisions of Administrative Order No. 13 – 012 and Article 10 of the Tobacco Control Law which permits a person in control of offices and places where people work to create a zone for smoking. It is unclear whether the law provides for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including primary and secondary schools, to be 100% smoke free.
Not Applicable
Not Applicable
Universities/vocational 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
The law prohibits smoking, among other places, universities and places of education. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work to create a zone for smoking. Therefore, some parts of universities and vocational facilities may not be smoke free. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including universities and vocational facilities, to be 100% smoke free.
Not Applicable
Not Applicable
Shops
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 legal measures in effect in Comoros are difficult to interpret due to inconsistencies and contradictory provisions in the law and implementing instruments. Therefore, the regulatory status code and analysis of the measures may be subject to several alternative interpretations. The law prohibits smoking in stores. However, the law is subject to the provisions of Administrative Order No. 13 – 012 and Article 10 of the Tobacco Control Law which permits a person in control of offices and places where people work to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including shops, to be 100% smoke free.
Not Applicable
Not Applicable
Cultural 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
The law prohibits smoking, among other places, in recreational facilities while they are open to the public. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work and theatres and cinemas to create a zone for smoking. Therefore some parts of cultural facilities may not be smoke free. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including cultural facilities, to be 100% smoke free.
Not Applicable
Not Applicable
Indoor stadium/arenas
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, among other places, in standing areas of stadia while they are open to the public. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of offices and places where people work to create a zone for smoking. Therefore some parts of stadiums may not be smoke free. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including stadiums, to be 100% smoke free.
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 prohibits smoking, among other places, in restaurants. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of a restaurant to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor 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 prohibits smoking, among other places, in bars, pubs and places of refreshment. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of a bar, pub or nightclub to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces and public places, including bars, pubs and nightclubs, to be 100% smoke free.
Not Applicable
Not Applicable
Casinos
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
We understand that there are very few casinos in Comoros and we do not have enough information to evaluate the status of casinos throughout the country.
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 prohibits smoking, among other places, in hotels. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of a hotel to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including public areas of 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 prohibits smoking, among other places, in hotels. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of a hotel to create a zone for smoking. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including guest rooms of hotels.
Not Applicable
Not Applicable
Prisons/detention facilities - 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 prohibits smoking, among other places, in prisons. However, the law is subject to the provisions of Administrative Order No. 13 – 012 which permits a person in control of a prison to create a zone for smoking. The law does not provide for 100% smoke free indoor public places or workplaces. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including prisons, 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
The law prohibits smoking on all 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 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 all public transport and in personal vehicles. The law is interpreted as including 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 all public transport, including Comorian 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 all public transport, including Comorian 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 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
Comoros
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
Comoros
Post signs
Uncertain
Uncertain
Analysis
The legal measures in effect in Comoros are difficult to interpret due to inconsistencies and contradictory provisions in the law and implementing instruments. Therefore, the regulatory status code and analysis of the measures may be subject to several alternative interpretations. Article 18 of the Administrative Order No. 13 – 012 places a duty to post signs when establishing smoking areas; however, the requirements can be interpreted to apply more broadly. 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 post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.
Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis
The law imposes no duty 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 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
The law requires the manager or proprietor of an establishment to request that a smoker stop smoking in violation of the law and advise them of the applicable fine. If the person continues to smoke, then the manager or proprietor may request that the person move or leave the premises. If the person refuses, the owner or proprietor of the establishment may call the police. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires an owner or proprietor of premises to take various steps to prevent smoking where it is prohibited. The law could be strengthened by requiring an owner or proprietor to take these measures rather than making these steps optional.
Not Applicable
Not Applicable
Not to smoke where prohibited
No
No
Analysis
Although there is no explicit duty imposed upon smokers to not smoke where it is prohibited, the law imposes sanctions on individuals who fail to obey the provisions of the law. These penalties include fines ranging from 30,000 to 500,000 fc, and possible prison time, depending on the violation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a variety of penalties. To better align with the FCTC Art. 8 Guidelines, the law should impose higher fines for repeat offenses.
Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Comoros
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable