Last updated: December 17, 2019
Duties / Penalties
Post signs
There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.
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 post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.
Remove ashtrays
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)
(e.g., seizure of the product, publication of the violation/violator)
Although the law does not specifically state the steps that the owner must take to require a person to stop smoking, the law imposes penalties on business owners for allowing smoking where prohibited. Penalties for violating this provision include fines of 100,000 CFA and the potential initiation of legal proceedings.
In the event of repeated misconduct, fines may be doubled and the violating establishment could be shut down for fifteen to thirty days. In the event of further violations and a judgment against the violating establishment, permanent closure could be ordered.
Lastly, the health police may become involved, in which case penalties of between 5,000 FCFA to 25,000 FCFA may be imposed.
Not to smoke where prohibited
The law imposes penalties on persons who smoke where smoking is prohibited. Persons may be subject to a fine of 5,000 FCFA.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.
