Last updated: September 17, 2019

Duties / Penalties

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

Post signs

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Remove ashtrays

No
None
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
None
Analysis

The law requires the manager or proprietor of an establishment to refuse admission to a smoker, refuse to serve clients who are smokers, setting up a security service and internal surveillance, calling for the assistance of law enforcement agents to restrain offenders or any other legal means to dissuade people from smoking.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires an owner or proprietor of premises to take various steps to prevent smoking where it is prohibited.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

Although there is no explicit duty imposed upon smokers to not smoke where it is prohibited, the law imposes sanctions on individuals who fail to obey the provisions of the law. The law imposes a fine of 100,000 FCFA to 500,000 FCFA on any individual violating smoke free provisions of the law.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a variety of penalties. To better align with the FCTC Art. 8 Guidelines, the law should impose higher fines for repeat offenses.