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Term --FCTC-Based Definition Congo
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 the law aligns with the definition of “workplace” contained in the FCTC Art. 8 Guidelines. The definition could be improved by specifying that it includes private offices.

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 transportation” contained in the law aligns with the definition of “public transport” contained in the FCTC Art. 8 Guidelines.

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

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

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” Rather, the law prohibits “[t]he consumption of tobacco, in all its forms, … in places subject to public use,” which does not align with the FCTC Art. 8 Guidelines definition of “second hand smoke” or “smoking.” The law should either include a definition in accordance with the FCTC Art. 8 Guidelines definition of “second hand smoke” and prohibit exposure to it or prohibit “smoking” as defined in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

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

Defined
Yes
Analysis

The definition of “smoking” contained in the law aligns with the definition of “smoke” contained 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 “place used by the public” contained in the law aligns with the definition of “public place” contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

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

Defined
Yes
Analysis

The law’s description of tobacco products aligns with the definition provided in FCTC Art. 1(f) and goes further by including “all products involved with advertising for tobacco and its derivatives.”

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 “public indoor or enclosed place” contained in the law aligns with the definition of “indoor” or “enclosed” contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Congo
All indoor workplaces
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 “places used collectively or by the public, work places and on public transportation.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.

Not Applicable
Not Applicable
All indoor public places
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 “places used collectively or by the public, work places and on public transportation.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

Not Applicable
Not Applicable
All public transport
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 “places used collectively or by the public, work places and on public transportation.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions healthcare facilities. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions healthcare facilities. Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to residential healthcare facilities.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions healthcare facilities. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions educational facilities. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions educational facilities. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions educational facilities. Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in shops.

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 prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

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

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited in public areas of hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

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 prohibits smoking in “places used collectively or by the public, work places and on public transportation.” However, because the law does not explicitly address hotel/lodging guest rooms, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking in hotel/lodging guest rooms.

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 “places used collectively or by the public, work places and on public transportation.” In addition, the law specifically mentions correctional institutions.

The law 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 “places used collectively or by the public, work places and on 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 “places used collectively or by the public, work places and on public transportation.” The definition of “public transportation” specifically includes taxis. Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” Therefore, smoking is prohibited on commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “places used collectively or by the public, work places and on public transportation.” 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)
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 “places used collectively or by the public, work places and on public transportation.” The definition of “place used by the public” specifically includes mass transit facilities. Therefore, smoking is prohibited 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
Congo
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
Congo
Post signs
Yes
Yes
Analysis

The law requires those responsible for “places subject to public use” to “prominently display a notice prohibiting the consumption of tobacco and its derivatives” at the entrance and inside. A first violation is subject to a fine of 6,000 to 12,000 CFA francs. Fines for repeat offenses can increase to 12,000 to 24,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, drafters should consider including in the contents of the sign a method to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of a business license for failure to comply.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law requires owners, managers, or any other person in charge of smoke free places to remove all existing ashtrays from the premises. However, there do not appear to be any penalties tied to violations of this duty.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violation of the duty to remove ashtrays.

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 owners, managers, or any other person in charge of smoke free places to “[s]ee to compliance with the rules prohibiting smoking” and “[t]ake the necessary measures to dissuade the public from smoking on the premises.” These measures include: “asking people frequenting the premises to abstain from smoking, refusing them service, asking them to leave the premises and notifying the enforcement authorities or any other competent authority.”

However, there do not appear to be any penalties tied to violations of this duty.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violation of the duty to take steps to require a person to stop smoking.

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

The law imposes penalties ranging from product confiscation to a first-time fine of 6,000 to 12,000 CFA francs for individuals who smoke in “places subject to public use” where it is prohibited. Fines for repeat offenses can increase to 12,000 to 24,000 CFA francs. A first-time offense for smoking in correctional or psychiatric institutions is 200,000 to 1,500,000 CFA francs and increases to 1,500,000 to 3,000,000 CFA francs for repeat violations.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty and penalty for individuals who smoke where prohibited.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Article 16 imposes a duty on individuals to comply with agents of the health police as they enforce the law. Penalties range from product confiscation to a first-time fine of 6,000 to 12,000 CFA francs and fines for repeat offenses of 12,000 to 24,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to monitoring compliance with the law.

Not Applicable
Not Applicable
Congo
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable