Last updated: December 22, 2021

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
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Analysis

The law provides that indoor workplaces are smoke free, but permits the owner or manager of a workplace to designate areas reserved for smoking. The law states that the owner or manager of a space where work is performed by employees can designate separate rooms as smoking areas in workplaces, subject to certain technical standards.

However, designated smoking rooms are not permitted in certain indoor workplaces and public places, including: public areas of healthcare institutions, educational and vocational facilities, and other establishments regularly engaged in training, accommodation, and athletics of minors. These places are required to be 100% smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas in some indoor workplaces. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

All indoor public places

Smoking is Restricted
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Analysis

The law provides that indoor public places are smoke free, but permits the owner or manager of an indoor public place to designate areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place can designate separate rooms as smoking areas, subject to certain technical standards.

However, designated smoking rooms are not permitted in certain indoor workplaces and public places, including: public areas of healthcare institutions, educational and vocational facilities, and other establishments regularly engaged in training, accommodation, and athletics of minors. These places are required to be 100% smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas in some indoor public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

All public transport

Smoking is Restricted
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Analysis

The law prohibits smoking in public transport. However, the prohibition does not cover taxis or outdoor areas of commercial watercraft. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport. To align with FCTC Art. 8 and the FCTC Art. Guidelines, the law should prohibit smoking in all public transport, including taxis.

Government facilities

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including government facilities. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the person in charge of an indoor public place, including government facilities, can designate separate rooms as smoking areas in workplaces, subject to certain technical standards.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Private offices

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including private offices, even those occupied by a single person. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the person in charge of an indoor public place, including private offices, can designate separate rooms as smoking areas in workplaces, subject to certain technical standards.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Hospitals

100% Smoke Free
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Analysis

The law prohibits smoking in indoor public places and workplaces but is subject to a provision permitting an owner or manager of an establishment to create a zone for smoking. Health institutions, particularly hospitals, are expressly excluded from this provision.

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

Residential healthcare facilities - public areas

100% Smoke Free
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Analysis

The law prohibits smoking in indoor public places and workplaces but is subject to a provision permitting an owner or manager of an establishment to create a zone for smoking. However, health institutions are expressly excluded from this provision. Therefore, smoking in the public areas of residential healthcare facilities is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Non-residential healthcare facilities

100% Smoke Free
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Analysis

The law prohibits smoking in indoor public places and workplaces but is subject to a provision permitting an owner or manager of an establishment to create a zone for smoking. However, health institutions are expressly excluded from this provision. Therefore, non-residential healthcare facilities are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
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Analysis

The law prohibits smoking in “institutions for the reception (…) or accommodation of minors,” which include childcare facilities and preschools. In addition, smoking is prohibited in uncovered spaces in public and private schools. Therefore, childcare facilities and preschools are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Primary and secondary schools

100% Smoke Free
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Analysis

The law prohibits smoking in “institutions for the reception (…) or accommodation of minors,” which include primary and secondary schools. In addition, smoking is prohibited in “uncovered spaces in public and private schools.” Therefore, primary and secondary schools are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

100% Smoke Free
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Analysis

The law prohibits smoking in indoor public places and workplaces, including universities and vocational facilities, but is subject to a provision permitting the person in control of a public place to create a zone for smoking. However, pursuant to Decree No. 2006-1386 (codified in Art. R3511 of the Code of Public Health), smoking zones cannot be provided in public or private institutions, training centers for vocational students, universities and vocational facilities. Therefore, universities and vocational facilities are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Shops

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including in shops. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Although pursuant to the law, certain public places may not contain smoking zones, shops are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Cultural facilities

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including cultural facilities. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Although pursuant to the law, certain public places may not contain smoking zones, cultural facilities are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Indoor stadium/arenas

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including indoor stadiums and arenas. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Although pursuant to the law, certain public places may not contain smoking zones, indoor stadiums and arenas are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Restaurants

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including restaurants. In places of socialization such as restaurants, the prohibition applies to any enclosed covered space, even if the façade is removable.

However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Service is not permitted in the designated smoking rooms. Although pursuant to the law, certain public places may not contain smoking zones, restaurants are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Bars/pubs/nightclubs

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including in bars, pubs, and nightclubs. In places of socialization like bars, pubs and nightclubs, the prohibition applies to any enclosed covered space, even if the façade is removable.

However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Service is not allowed in the designated smoking rooms. Although pursuant to the law, certain public places may not contain smoking zones, bars, pubs, and nightclubs are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Casinos

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including casinos. In places of socialization like casinos, the prohibition applies to any enclosed covered space, even if the façade is removable.

However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Service is not allowed in the designated smoking rooms. Although pursuant to the law, certain public places may not contain smoking zones, casinos are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Hotels/lodging - public areas

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including public areas of hotels and lodging. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Although pursuant to the law, certain public places may not contain smoking zones, hotels are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Hotels/lodgings - guest rooms

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces. However, the law explicitly provides that the ban on smoking does not apply to “households and all other places of private use”. Hotel guest rooms are considered to be places of private use; therefore, smoking is allowed within a selection of rooms in some hotels. Hotels may choose to prohibit smoking in all guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including hotel guest rooms, to be 100% smoke free.

Prisons/detention facilities - public areas

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including public areas of prisons and detention facilities. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Although pursuant to the law, certain public places may not contain smoking zones, the public areas of prisons are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
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Analysis

The law prohibits smoking on public transportation, with the exception of taxis and decks in the open air on boats, ships, and ferries. Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

Smoking is Not Restricted
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Analysis

The law prohibits smoking on public transportation; however, taxis are not included in the description of public transportation. Therefore, smoking is permitted in taxis.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not clearly provide for smoke free private taxis. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require 100% smoke free public transport, including private taxis.

Commercial aircraft

100% Smoke Free
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Analysis

The law prohibits smoking on public transportation, and specifically on commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

Smoking is Restricted
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Analysis

The law prohibits smoking on public transportation, and specifically on commercial watercraft. However, for boats, ships, and ferries, the smoking ban does not apply to decks in the open air. Therefore, the regulatory status “Smoking is Restricted” is assigned.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all means of public transport, including all areas of commercial watercraft.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
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Analysis

The law prohibits smoking in indoor public places and workplaces, including public transport facilities. However, the law makes an exception for smoking in designated areas expressly reserved for smokers. The law states that the owner or manager of an indoor public place or workplace can designate separate rooms as smoking areas, subject to certain technical standards. Although pursuant to the law, certain public places may not contain smoking zones, public transport facilities are not one of these places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it provides for the designation of smoking areas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Private vehicles with children under 18

100% Smoke Free
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Analysis

The law prohibits the occupants of a vehicle to smoke in the presence of a child under the age of 18.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport and in "other places as appropriate".