Last updated: June 14, 2020
Duties / Penalties
Post signs
The administrative order imposes a duty on the persons responsible for a place to post signs enforcing the prohibition of smoking. Any violations of the administrative order are punishable by a fine of 2,500 Ariary per person caught in the act of smoking on the premises. Therefore, it does not appear that there are penalties associated with a violation of the duty to post signs itself.
The law does not specify the size or required text of signs, nor does it provide a way to report violations.
To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for penalties based on the infraction committed, higher fines for repeat offenders, and other types of penalties, such as license suspension or revocation.
Remove ashtrays
The administrative order imposes a duty on the persons responsible for a place to remove ashtrays. Any violations of the administrative order are punishable by a fine of 2,500 Ariary per person caught in the act of smoking on the premises. Therefore, it does not appear that there are penalties associated with a violation of the duty to remove ashtrays itself.
To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for penalties based on the infraction committed, higher fines for repeat offenders, and other types of penalties, such as license suspension or revocation.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The administrative order imposes a duty on the persons responsible for a place to take all measures to dissuade their patrons from smoking, and imposes a duty to notify the authorities if their patron does not stop smoking. Upon notifying the authorities, a fine of 2,500 Ariary for each smoker caught in the act is imposed. However, it is unclear whether this fine is to be imposed on the person in charge, the smoker, or both.
To more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for fines based on the infraction committed, for a range of fines depending on the individual violating the law and for higher fines for repeat offenders.
Not to smoke where prohibited
The administrative order imposes a duty on the person responsible for a place to take steps to stop patrons from smoking. Persons responsible for a place are required to notify the authorities if their patron does not stop smoking. Upon notifying the authorities, a fine of 2,500 Ariary for each smoker caught in the act is imposed. However, it is unclear whether this fine is to be imposed on the person in charge, the smoker, or both. The law should be clear about the application of penalties to smokers.
