Laws
Law No. 85-05 on Protection and Promotion of Health
COMMENTS: Law No. 85-05 generally prohibits smoking in public places and provides for subsequent regulations regarding smoke free places and detailing implementation. The law also generally prohibits tobacco product advertising. Note that the English translation contains relevant excerpts only.
This law has been repealed by Law No. 18-11. However, until implementing details under the new law are issued, the implementing regulations issued under Law No. 85-05 remain in effect.
Ministry of Health and Population Order No. 24 on the Establishment of the National Medical Committee on Tobacco Control
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Executive Decree No. 01-285 Determining the Public Places Where the Use of Tobacco is Prohibited, and the Procedures for the Implementation of this Prohibition
COMMENTS: Executive Decree 01-285 prohibits or restricts smoking in a number of workplaces, public places, and on public transport and establishes enforcement procedures and penalties.
Executive Decree No. 01-396 Concerning Regulation of Activities Involving the Manufacture and Distribution of Tobacco
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Executive Decree No. 01-397 Establishing the Quality of Imports of Manufactured Tobacco Products
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Ministry of Health and Population Instruction No. 001 on Implementation of Provisions of Executive Decree No. 01-285
COMMENTS: Instruction No. 001 addresses the prohibition of smoking in health institutions and provides details regarding the implementation of the prohibition.
Ministry of Youth and Sports Administrative Order Setting the Specific Terms for the Implementation in the Domain of Youth and Sports of the Provisions of Executive Decree No. 01-285
COMMENTS: The Order addresses the prohibition of smoking in athletic facilities, sports complexes and other areas relating to youth and provides details regarding the implementation of the prohibition.
Ministry of Finance Administrative Order Setting the Conditions for the Approval of Tobacco Retailers
COMMENTS: Ministry of Finance Administrative Order Setting the Conditions for the Approval of Tobacco Retailers establishes the requirements and procedures for applying for a retail license to sell tobacco products.
Ministry of Communication and Culture Administrative Order Making Areas Available to Smokers in Certain Places in the Sector for Communication and Culture Where the Use of Tobacco Products Is Prohibited
COMMENTS: The Order addresses the prohibition of smoking in cultural facilities and provides details regarding the implementation of the prohibition.
Executive Decree No. 04-331 Concerning Regulation of Activities Involving the Manufacture, Importation, and Distribution of Tobacco Products
COMMENTS: Executive Decree No. 04-331 contains sections requiring textual warnings on tobacco product packages. The decree was amended by Executive Decree No. 19-122.
Instruction No. 1437 on the Implementation of Executive Decree No. 01-285
COMMENTS: Instruction No. 1437 addresses the prohibition of smoking in health facilities.
Presidential Decree No. 06-120 regarding Ratification of the Framework Convention on Tobacco Control
COMMENTS: Presidential Decree No. 06-120 ratifies the WHO FCTC.
Ministerial Circular No. 020 Concerning the Implementation of Executive Decree No. 01-285
COMMENTS: Ministerial Circular No. 020 addresses the prohibition of smoking in health institutions and provides details regarding the implementation of the prohibition.
Ministry of Public Health and Hospital Reform Instruction No. 1035 on the Implementation of Provisions of Executive Decree No. 01-285
COMMENTS: Instruction No. 1035 addresses the prohibition of smoking in health institutions and provides details regarding the implementation of the prohibition.
Ministry of Justice Order Laying Down the Rules for the Application of the Smoking Ban in Institutions in the Justice Sector
COMMENTS: The Order addresses the application of the restrictions on smoking under Executive Decree No. 01-285 within the institutions of the Ministry of Justice.
Ministerial Instruction No. 10 of December 4, 2014 Prohibiting Smoking in Health Facilities: "Tobacco-Free Hospitals"
COMMENTS: Instruction No. 10 reinforces the ban on smoking in health facilities.
Ministry of Transport Administrative Order Laying Down the Rules for the Application of the Smoking Ban on Means of Transport and Public Transport Facilities
COMMENTS: The Order addresses the application of the restrictions on smoking under Executive Decree No. 01-285 within the transport sector.
Ministry of Commerce Order Laying Down the Rules for the Application of the Smoking Ban in Central Government Services and Institutions Falling Under the Ministry of Commerce
COMMENTS: The Order addresses the application of the restrictions on smoking under Executive Decree No. 01-285 within the institutions of the Ministry of Commerce, including central government services.
Law No. 18-11 on Health
COMMENTS: Law No. 18-11 on Health includes a section on tobacco control. Measures include a broad ban of tobacco advertising, promotion, and sponsorship; a broad ban on smoking in public places (to be further developed in regulations); health warnings; mandated industry disclosure; and a ban on sales to minors; among others. The English translation contains relevant excerpts only.
Law No. 18-11 repeals Law No. 85-05. However, until implementing details under the new law are issued, the implementing regulations issued under Law No. 85-05 remain in effect. This is particularly relevant for the broad ban on smoking in public places.
Ministry of Labor, Employment, and Social Security Order Laying Down the Rules for the Application of the Smoking Ban in Establishments Relating to the Labor, Employment, and Social Security Sectors
COMMENTS: The Order addresses the application of the restrictions on smoking under Executive Decree No. 01-285 within facilities related to labor, employment, and social security.
Executive Decree No. 19-122 Amending and Supplementing Executive Decree No. 04-331
COMMENTS: Executive Decree No. 19-122 includes amendments and additions to Decree No. 04-331. With regard to packaging and labeling, the amendments replace previous specifications for health warnings and constituents and emissions information with a statement that these will be established via legislative provisions and regulations.
Ministry of the Interior, Local Authorities and Regional Planning Order Laying Down the Rules for the Application of Smoking Ban in the Interior, Local Authorities, and Regional Planning Sectors
COMMENTS: The Order addresses the application of the restrictions on smoking under Executive Decree No. 01-285 within the sectors of the Ministry of the Interior, Local Authorities and Regional Planning.
