LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

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

Post signs

Yes
Fine
Analysis

The law requires those with control over places where tobacco use is prohibited to “continuously and conspicuously display upon such premises or transport, a notice in large letter stating ‘No Tobacco Product Use Permitted in this Area’ or ‘No Smoking,’ and otherwise comply with any other notice requirements prescribed by the Minister.”

The law provides two sets of penalties for violations of the signage requirements. Under Sec. 11(c), a first violation is subject to a fine of two hundred dollars (L$200.00). A second violation within 24 months of the first violation is subject to a fine of seven hundred

Liberian dollars (L$700.00). Three or more violations within 24 months of the second or current violation, is subject to a fine of one thousand Liberia dollars (L$1,000.00) for each violation.”

Under Sec. 11(d), a first violation is subject to a fine of 2,000 Liberian dollars (L$2,000). A second violation within 24 months is subject to a L$3,000 fine, and each subsequent violation within 24 months of the second or current violation is subject to a L$10,000 fine.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, Liberia should consider including in the contents of the sign a method to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of a business license for failure to comply.

Law Source, Section
Sections 10(a), 11(c), 11(d)

Remove ashtrays

No
None
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose penalties for violations of that duty.

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

Yes
None
Analysis

The law requires those with control over places where tobacco use is prohibited to take reasonable steps to ensure compliance with the law, including asking an offending person to stop smoking or using tobacco; demanding they leave if they do not; refusing to provide service; taking disciplinary action when the offender is an employee, and seeking the assistance of law enforcement. No sanction for violating this duty is provided.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain penalties for failure to take steps to require a person to stop smoking. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.

Law Source, Section

Other

Yes
Fine
Analysis

The law prohibits retaliation against anyone taking action in furtherance of enforcing the law.

The law provides two sets of penalties for violations of these requirements. Under Sec. 11(c), a first violation is subject to a fine of two hundred dollars (L$200.00). A second violation within 24 months of the first violation is subject to a fine of seven hundred Liberian dollars (L$700.00). Three or more violations within 24 months of the second or current violation, is subject to a fine of one thousand Liberia dollars (L$1,000.00) for each violation.”

Under Sec. 11(d), a first violation is subject to a fine of 2,000 Liberian dollars (L$2,000). A second violation within 24 months is subject to a L$3,000 fine, and each subsequent violation within 24 months of the second or current violation is subject to a L$10,000 fine.

Law Source, Section
Sections 8, 11(c), 11(d)
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

The use of tobacco where it is prohibited is a second degree misdemeanor subject to the penalties associated with such. Under the Penal Law, a second degree misdemeanor is punishable by imprisonment for up to 30 days and/or a fine of up to $500 or double the gain realized by the violator. A third repeat offense within five years can be punished as a first degree misdemeanor.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.