Last updated: May 30, 2023
Duties / Penalties
Post signs
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it does not require and specify the posting of no-smoking signs.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should impose upon business owners or employers or supervisors to post non-smoking signs.
Remove ashtrays
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it does not require the removal of ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should impose upon business owners or employers or supervisors to remove ashtrays.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it does not require that owners or supervisors take steps to require a person to stop smoking.
To align with the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should impose upon business owners or employers or supervisors to take steps to require a person to stop smoking.
Not to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
Anyone who smokes outside areas reserved for smokers in violation of the provision of Article 15 shall be susceptible to a sentence of imprisonment of one to fifteen days, and a fine of 5 000 to 25 000 Francs or only one of these two punishments.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines or other monetary penalties for violation that are sufficiently large to deter violations, to more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a range of penalties that correspond with the severity of the offense committed.
