Last updated: July 26, 2020

Duties / Penalties

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

Post signs

No
None
Analysis

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

No
None
Analysis

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)

No
None
Analysis

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.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

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.