Tanzania

Section 14(c) of the Tobacco Products Act requires the owner, occupier or operator of a public place or business to post signs stating where smoking is prohibited and permitted. The Tobacco Products Regulations contain further details about the signage requirements, including the size, location, and contents. The law requires that signs be displayed at the entrance or reception of every smoking or non-smoking area. For a non-smoking area, signs must contain the message in English and Kiswahili: "this is a nonsmoking area" and "failure to comply with this notice is a criminal offence." In addition, the law requires that in every public toilet and guest room the following message be displayed in English and Kiswahili: "do not smoke in a prohibited area, smoke in a smoking area."

Failure to post the required signs is punishable by a fine and/or imprisonment. (The exact amounts and terms are uncertain as they differ between the Tobacco Products Act and the Tobacco Products Regulations.) Under Sec. 34 of the Act, if the violator continues to violate the Act on more than one day, the violator “is liable to be convicted for a separate offense for each day on which the offence is committed or continues.” In addition under Sec. 36, a court may, in its discretion, prohibit “the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to post signs where smoking is prohibited and imposes penalties for violations of that duty. To more fully align, the law should require signage to provide a phone number or other way to report violations.

A person shall not place accessories (‘accessory’ is defined in the Tobacco Products Act of 2003 to include ashtrays) in areas where smoking is prohibited. If an accessory is placed in an area where smoking is permitted, the accessory shall contain health messages in Kiswahili and English languages. However, the regulations do not establish a penalty for violation of the duty to remove ashtrays from non-smoking areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for failure to remove ashtrays from areas where smoking is prohibited.

The law requires that business owners or occupiers “take all reasonable steps” to ensure compliance. The law further specifies what constitutes “reasonable steps” when a person is smoking where prohibited, specifically – asking a person to stop smoking, demanding the person leave the premises, refusing further service, and notifying law enforcement. However, the regulations do not establish a penalty for violation of this duty.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties on business owners or occupiers who fail to take reasonable steps to require a person to stop smoking.

Section 12 of the Tobacco Products Act imposes a duty on smokers not to smoke where prohibited. Under Sec. 33(3), violators of this provision are subject to a penalty of a “fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year.”

Section 12 of the Tobacco Products Act imposes a duty on smokers not to smoke where prohibited. Under Sec. 33(3), violators of this provision are subject to a penalty of a “fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year.”