Last updated: January 22, 2021
Duties / Penalties
Post signs
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 three months and not more than six months, or a fine of not less than 1,000 dinars and not more than 3,000 dinars.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties on business owners that violate the duty to post “No Smoking” signs.
Remove ashtrays
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)
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 three months and not more than six months, or a fine of not less than 1,000 dinars and not more than 3,000 dinars. Failure to enforce smoking restrictions in schools/educational facilities is punishable by both imprisonment and a fine.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties on business owners that fail to take steps to stop people from smoking in a public place.
Not to smoke where prohibited
Under the Public Health Law, smokers who smoke in prohibited places are subject to imprisonment for not less than one month and not more than three months, or a fine of not less than 100 dinars and not more than 200 dinars. Smoking in schools/educational facilities is punishable by imprisonment for not less than three months and not more than six months and a fine of not less than 1,000 dinars and not more than 3,000 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 law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines it that it imposes a range of penalties on smokers who smoke in prohibited places.
