Congo

The law requires those responsible for “places subject to public use” to “prominently display a notice prohibiting the consumption of tobacco and its derivatives” at the entrance and inside. A first violation is subject to a fine of 6,000 to 12,000 CFA francs. Fines for repeat offenses can increase to 12,000 to 24,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, drafters should consider including in the contents of the sign a method to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of a business license for failure to comply.

The law requires owners, managers, or any other person in charge of smoke free places to remove all existing ashtrays from the premises. However, there do not appear to be any penalties tied to violations of this duty.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violation of the duty to remove ashtrays.

The law requires owners, managers, or any other person in charge of smoke free places to “[s]ee to compliance with the rules prohibiting smoking” and “[t]ake the necessary measures to dissuade the public from smoking on the premises.” These measures include: “asking people frequenting the premises to abstain from smoking, refusing them service, asking them to leave the premises and notifying the enforcement authorities or any other competent authority.”

However, there do not appear to be any penalties tied to violations of this duty.

To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violation of the duty to take steps to require a person to stop smoking.

Article 16 imposes a duty on individuals to comply with agents of the health police as they enforce the law. Penalties range from product confiscation to a first-time fine of 6,000 to 12,000 CFA francs and fines for repeat offenses of 12,000 to 24,000 CFA francs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to monitoring compliance with the law.

The law imposes penalties ranging from product confiscation to a first-time fine of 6,000 to 12,000 CFA francs for individuals who smoke in “places subject to public use” where it is prohibited. Fines for repeat offenses can increase to 12,000 to 24,000 CFA francs. A first-time offense for smoking in correctional or psychiatric institutions is 200,000 to 1,500,000 CFA francs and increases to 1,500,000 to 3,000,000 CFA francs for repeat violations.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty and penalty for individuals who smoke where prohibited.