LANGUAGE
Last updated: September 20th 2018

Duties / Penalties

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

Post signs

Yes
Fine, Jail, Other
Analysis

The law requires those responsible for the premises to post signs. However, the law does not specify the size or text of the signs, or specify that signs should state a way to report violations.

Offenders are subject to a fine of between 50 and 20,000 francs, and may be subject to imprisonment for up to fifteen days.

In the case of repeat offenses, the fines may be doubled and establishments may be closed.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the posting of no-smoking signs. However, to more fully align with the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should specify the size, content, and format of the no-smoking signs.

Law Source, Section

Remove ashtrays

Yes
Fine, Jail, Other
Analysis

The law does not impose an affirmative duty to remove ashtrays from the premises. However, the law prohibits those responsible for the premises to “knowingly act in any way whatsoever to favor the violation of this prohibition.” We interpret this as requiring business owners, employers, or supervisors to take steps to discourage smoking in their premises, which could include removing ashtrays.

Offenders are subject to a fine of between 50 and 20/,000 francs, and may be subject to imprisonment for up to fifteen days.

In the case of repeat offenses, the fines may be doubled and establishments may be closed.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the compliance with a smoking ban, and failure to remove ashtrays would presumably favor the violation of the law. However, to more fully align with the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should articulate an affirmative duty to remove ashtrays.

Law Source, Section

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

Yes
Fine, Jail
Analysis

Owners, employers, and supervisors of stores or establishments are prohibited from authorizing or tolerating the use of tobacco products in their establishments. They are also forbidden from knowingly acting in any way to favor violation of the law. We interpret these provisions as implying a duty to take reasonable steps to require a person to stop smoking.

Offenders who have violated the ban on smoking shall be punished by a fine of 500 to 20,000 francs, inclusive, and may be subject to imprisonment for up to fifteen days.

In the case of repeat offenses, the fines may be doubled and establishments may be closed.

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

Law Source, Section

Other

Yes
Fine, Jail, Other
Analysis

Any person responsible for any premises where smoking is prohibited who makes a place for smoking available is subject to a fine of 500 to 20,000 francs and potential imprisonment for up to fifteen days. Further, administrative proceedings may be initiated for violating the law.

Additionally, any person whose behavior encourages minors to smoke is subject to a punishment of imprisonment for up to fifteen days and a fine ranging from 500 to 30,000 francs.

Law Source, Section
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

The law imposes a fine on offenders who have infringed the ban on smoking of 500 to 20,000 francs, and provides that those violating the law may be imprisoned for up to fifteen days.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.

Law Source, Section