LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

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

Post signs

Yes
Fine, Jail
Analysis

The law imposes a duty on the person in charge of a public place to post “No Smoking” signs. The penalty for violating this duty is imprisonment for not less than one week and not more than one month, or a fine of not less than fifteen dinars and not more than twenty-five dinars.

The law imposes the same fine on business owners who fail to post signs or stop people from smoking as it does on smokers who smoke in public places. FCTC Art. 8 Guidelines para. 32 states: “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Accordingly, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing larger fines on business owners that violate the duty to post “No Smoking” signs.

Law Source, Section

Remove ashtrays

No
Analysis

The law does not impose a duty on business owners to remove ashtrays. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on business owners to remove ashtrays.

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

Yes
Fine, Jail
Analysis

The law imposes a duty on the person in charge of a public place to “take the necessary procedures” to ensure compliance with the ban on smoking. The penalty for violating this duty is imprisonment for not less than one week and not more than one month, or a fine of not less than fifteen dinars and not more than twenty-five dinars.

The law imposes the same fine on business owners who fail to post signs or stop people from smoking as it does on smokers who smoke in public places. FCTC Art. 8 Guidelines para. 32 states: “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Accordingly, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing larger fines on business owners that fail to take steps to stop people from smoking in a public place.

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

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

Under the Public Health Law, smokers who smoke in prohibited places are subject to imprisonment for not less than one week and not more than one month, or a fine of not less than fifteen dinars and not more than twenty-five dinars.

The Public Transport Law imposes a fine of fifteen to thirty dinars on drivers who smoke while driving public transport, and imposes a fine of ten to twenty dinars on passengers who smoke in public transport.

The Public Health Law imposes the same fine on business owners who fail to post signs or stop people from smoking as it does on smokers who smoke in public places. FCTC Art. 8 Guidelines para. 32 states: “penalties should be sufficiently large to deter violations or else they may be ignored by violators or treated as mere costs of doing business. Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Accordingly, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing larger fines on business owners that violate the law than on smokers who smoke in prohibited places.