Uganda

The Tobacco Control Act imposes a duty upon “a person responsible for premises where smoking is prohibited” to “display in a conspicuous place, a clear and prominent notice in English language, swahili and the language commonly used in the area, that smoking is prohibited together with the prescribed penalty.”

The Tobacco Control Regulations specify requirements for the sign, including the size, color, and content. A template is included in the Fourth Schedule. The regulations also specify where signs must be displayed.

A person who fails to comply with the duty to post signs is subject to a fine not exceeding 12 currency points (one currency point is equivalent to 20,000 shillings) or imprisonment not exceeding six months, or both. In the case of repeat violations, a violator is subject to a fine not exceeding 24 currency points, or prison not exceeding one year, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties and fines, with higher fines for repeat violations.

The Tobacco Control Act imposes a duty upon the “person responsible for the premises” to “ensure that there are no ash trays or other items that suggest smoking in a public place, indoor area of the premise and any outdoor area where smoking is prohibited.” A person that violates this duty is subject to a fine not exceeding 10 currency points (one currency point is equivalent to 20,000 shillings) or to imprisonment not exceeding 5 months, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties and fines.

The Tobacco Control Act imposes upon a person responsible for a public place, workplace or means of public transport to “take reasonable effort to ensure the observance of [no-smoking provisions]”. This includes: ordering a persons to stop smoking, requiring a person who fails to comply to leave the premises or public transport, and cause arrest or contact law enforcement if the person fails to comply with such requests. A person that violates this duty is subject to a fine not exceeding 10 currency points (one currency point is equivalent to 20,000 shillings) or to imprisonment not exceeding 5 months, or both. If a person responsible for the premises continues to violate this provision, the person shall have their license revoked and the premises shut for a period of not less than 6 months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of penalties and fines, with increased penalties for repeat violations.

The Tobacco Control Act imposes a duty upon a smoker not to smoke where prohibited. A person that violates this duty is subject to a fine not exceeding 10 currency points (one currency point is equivalent to 20,000 shillings) or to imprisonment not exceeding 5 months, or both.

The law imposes the same fine upon smokers who fail to comply as it does upon business owners who fail to take steps to stop a person from smoking. The FCTC Art. 8 Guidelines state that “penalties should be sufficiently large to deter violations . . . Larger penalties are required to deter business violations than to deter violations by individual smokers, who usually have few resources. While fines for business owners increase for repeat violations, implementation of the Act could be improved by imposing higher penalties upon business owners for first time violations.