Last updated: December 20, 2019

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
None
Analysis

Officials of the places where smoking is prohibited are obliged to install “appropriate and visible … warning signs designed by the Ministry of Public Health.” However, no penalties are provided for a violation of this duty.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violations of the duty to post signs.

Remove ashtrays

No
None
Analysis

The law does not impose a specific 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 of the premises to remove ashtrays from the premises.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
None
Analysis

The law imposes a duty on officials of smoke-free premises to take “appropriate measures to prevent the use” of tobacco products. However, no penalties are provided for a violation of this duty.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violations of the duty to take steps to prevent the use of tobacco products.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

The law imposes fines on those who attempt to use cigarettes, water-pipe [tobacco], hookah [tobacco], snuff and other tobacco where prohibited. Those who violate the prohibition shall be fined 300 Afs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not smoke where prohibited. To more fully align, the law should provide for increasing fines for repeated violations.