Last updated: September 9, 2021

Duties / Penalties

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

Post signs

Yes
None
Analysis

The Tobacco Control Act requires the person responsible for a public place, workplace or public transport to display no-smoking signs. Signs must be posted at the main entrance, other entrances, and other prominent locations of smoke-free area. The Tobacco Control Regulations, 2019 contain further details about the sign's appearance.

Violations of this provision are punishable by a fine of up to 3,000 dalasis, up to three months in prison, or both. Repeat offenders may have their license revoked or suspended for not less than six months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring the posting of no-smoking signs and imposing a range of fines and penalties commensurate with the severity of the violation.

Remove ashtrays

Yes
None
Analysis

The Tobacco Control Act requires a person responsible for a public place, workplace or public transport to "ensure that there are no items that suggest smoking" in the place. Violations of this provision are punishable by a fine from 1,000 to 2,500 dalasis, up to three months in prison, or both. Repeat offenders may have their business license revoked or the place shut down for not less than six months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring removal of ashtrays and imposing penalties commensurate with the severity of the violation.

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

Yes
None
Analysis

The Tobacco Control Act requires a person responsible for a public place, workplace or public transport to take steps to require a person to stop smoking, including ordering the person to stop smoking and if the person refuses, requesting the person to leave the premises and contacting law enforcement. Violations of this provision are punishable by a fine from 1,000 to 2,500 dalasis, up to three months in prison, or both. Repeat offenders may have their business license revoked or the place shut down for not less than six months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring taking steps to prevent a person from smoking and imposing penalties commensurate with the severity of the violation.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
None
Analysis

The Tobacco Control Act imposes a duty not to smoke where smoking is prohibited. Violations of this provision are punishable by a fine from 1,000 to 2,500 dalasis, up to three months in prison, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposes penalties for smoking in areas where prohibited. However, penalties and prison terms are the same for individuals and business owners. The Art. 8 Guidelines state: "Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources." Therefore, the drafters of the law may wish to consider increasing penalties for business owners in relation to penalties for individuals.