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Term --FCTC-Based Definition Cote d'Ivoire
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 "places or work" contained in Decree No. 2012-980 - taken together with Art. 5 of the Decree, which clarifies that common areas are considered part of the workplace - aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of "public transport" contained in the law 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)

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke." However, a definition is not necessary to interpret the law because the law bans smoking in public 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)

Defined
Yes
Analysis

The definition of "smoking" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of "public places" contained in the law aligns with the definition of "public place" provided 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))

Not Defined
No
Analysis

The law does not contain a definition of "tobacco product." The lack of definition for this key term may hinder enforcement of provisions prohibiting smoking of tobacco products in public places.

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

Decree No. 2012-980 contains a definition of "enclosed public places" that, within it, defines "enclosed." This definition of "enclosed" aligns with the definition provided by the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Cote d'Ivoire
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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Workplaces, by definition (Art. 2), are public places and are therefore smoke free. Article 7 allows for designated smoking areas if the Minister of Health and the Minister of Security issue a joint decree permitting smoking areas. However, because such a decree has not been issued for any workplace or type of workplace, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all indoor workplaces are currently smoke free. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the provision allowing for designated smoking areas by ministerial decree should be repealed.

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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 7 allows for designated smoking areas if the Minister of Health and the Minister of Security issue a joint decree permitting smoking areas. However, because such a decree has not been issued for any public place or type of public place, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all indoor public places are currently smoke free. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the provision allowing for designated smoking areas by ministerial decree should be repealed.

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

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 7 allows for designated smoking areas if the Minister of Health and the Minister of Security issue a joint decree permitting smoking areas. However, because such a decree has not been issued for any type of public transport, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all public transport is currently smoke free. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the provision allowing for designated smoking areas by ministerial decree should be repealed.

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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Government facilities fall under the definition of public place (Art. 2), and are therefore smoke free. In addition, Art. 4 provides a non-exhaustive list of public places - including social institutions, administrative offices, police stations, gendarmerie brigades, and military camps - all of which are government facilities, and that as public places are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Workplaces fall under the category of public places because they are defined as "public places used by people in the course of paid employment or volunteer work" (Art. 2). Article 4 provides a non-exhaustive list of public places, including business premises. Article 5 makes clear that all commonly used areas are part of the workplace and, therefore, smoke free. Taken together, these provisions are interpreted as prohibiting smoking in any part of a workplace, including private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hospitals and public and private health care establishments. As a public place, hospitals are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hospitals and public and private health care establishments. As a public place, residential healthcare facilities, including public areas, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hospitals and public and private healthcare establishments. As a public place, non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including early childhood centers, childcare centers, orphanages, and educational facilities. As public places, childcare facilities and preschools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including educational institutions, higher education and vocational facilities. As public places, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including educational institutions, higher education and vocational facilities. As public places, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including supermarkets, pharmacies, and business premises. Shops are public places; therefore, the listed categories of shops and all other shops are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including cinemas, theaters, museums, and other places of entertainment and restoration. Cultural facilities are public places; therefore, the listed categories of cultural facilities and all other cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "establishments intended for the reception, training, accommodation of athletes, artists and others," "game or sports halls," and "places of entertainment . . . and other places of entertainment and restoration." Indoor stadiums and arenas either fall within these categories or the general category of "public place" and therefore indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "restaurants, cafeterias, bars, clubs, and nightclubs." As public places, restaurants are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "restaurants, cafeterias, bars, clubs, and nightclubs." As public places, bars, pubs, and nightclubs are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including "places of entertainment . . . and other places of entertainment and restoration." This phrase is interpreted to include casinos; therefore, casinos are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hotels. Therefore, public areas of hotels are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including hotels. Therefore, guest rooms of hotels are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in guest rooms of hotels.

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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including penal institutions. As public places, prisons and detention facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including "motor vehicles, including taxis, coaches and buses" and "trains." Therefore, all shared ground transportation is smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including taxis. Therefore, taxis are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including aircraft. Therefore, commercial aircraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public transport. Article 6 provides a non-exhaustive list of public transport, including boats and canoes. Therefore, commercial watercraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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

Decree No. 2012-980, Art. 3, prohibits smoking in public places. Article 4 provides a non-exhaustive list of public places, including bus and railway stations, airports, and ports. Therefore, public transport facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.

Not Applicable
Not Applicable
Cote d'Ivoire
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
Cote d'Ivoire
Post signs
Yes
Yes
Analysis

Owners or persons responsible for public places and public transport have a duty to post "No Smoking" signs in smoke free places. A violation of this duty is subject to a fine of 50,000 to 250,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to post "No Smoking" signs. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing additional or alternative penalties, such as business license suspension or revocation, and increased fines for repeat violations.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law does not impose a specific duty to remove ashtrays. However, the law requires owners and persons responsible for public places and public transport to "take the necessary measures to dissuade the public from smoking in public areas and public transportation." This provision is interpreted as requiring business owners, employers, and supervisors to remove ashtrays, as part of their duty to dissuade the public from smoking. A violation of this duty is subject to a fine of 50,000 to 250,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to remove ashtrays. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing additional or alternative penalties, such as business license suspension or revocation, and increased fines for repeat violations. In addition, for greater clarity, the law should specifically mention that owners, employers, and supervisors have a duty to remove ashtrays from smoke free places.

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

The law imposes requires owners and persons responsible for public places and public transport to "take the necessary measures to dissuade the public from smoking in public areas and public transportation." We interpret this as requiring owners and persons responsible for the public place or public transport to take steps to require a person to stop smoking, such as warning, discontinuing service, and calling the authorities. A violation of this duty is subject to a fine of 50,000 to 250,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to take steps to require a person to stop smoking. However, to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing additional or alternative penalties, such as business license suspension or revocation, and increased fines for repeat violations.

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

The law imposes a duty not to smoke where prohibited. A person who smokes in a public place or on public transport is subject to a fine of 15,000 to 100,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it imposes penalties for smoking in a smoke free place and imposes higher penalties on business owners than individuals for violations.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Cote d'Ivoire
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable