Last updated: May 8, 2023

Duties / Penalties

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

Post signs

Yes
Fine
Analysis

A violation of the duty to post no-smoking signs by operators or managers of smoke free places is punishable by a fine of 50,000 to 300,000 Francs CFA. A repeat violation is punishable by a fine of double the initial penalty.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post no-smoking signs and the imposition of penalties for violations.

Remove ashtrays

Yes
Fine
Analysis

The law requires operators and managers of smoke free places to "to take all measures to cause the prohibition of smoking to be respected." This is interpreted as requiring the removal of ashtrays. A violation of this duty is punishable by a fine of 50,000 to 300,000 Francs CFA. A repeat violation is punishable by a fine of double the initial penalty.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to remove ashtrays and the imposition of penalties for violations.

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

Yes
Fine
Analysis

The law requires operators and managers of smoke free places to "to take all measures to cause the prohibition of smoking to be respected." A violation of this duty is punishable by a fine of 50,000 to 300,000 Francs CFA. A repeat violation is punishable by a fine of double the initial penalty.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to take steps to require a person to stop smoking and the imposition of penalties for violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

A person who violates the ban on smoking in public places is subject to a fine of 10,000,000 to 50,000,000 Francs CFA.

The FCTC Art. 8 Guidelines state "penalties should be sufficiently large to deter violations . . . Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources." In contrast, penalties contained in the law are substantially larger for individuals than for businesses. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose larger penalties on business violators than individual violators.