NATIONAL TOBACCO CONTROL ACT

Section 9: Prohibition of smoking in public places

2015Section 9 of 46Federal Republic of Nigeria

(1)
Except as otherwise provided in this Act or any other law, no person shall smoke tobacco or tobacco products-
(a)
in a residerrtial house co-occupied by a person who is below 18 years of age, except in a roorn exclusively occupied by the smoker;
(b)
in an tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the smoker;
(c)
indoor or any enclosed public place listed in the Second Schedule to this Act or any other public place prescribed by the Minister by regulation made under this Act provided the regulation is published in the Official
Gazette; and
Second schedule
(d)
outdoor in a public place and in an area that smoking is prohibited by the owner, controller or occupant of such public place, who displays the prescribed warning sign, with the permit or approval of the Committee.
(2)
Not withstanding the provisions of subsection (1) of this section, where a person who owns, controls, or occupies any place specified in subsection (1) of this section provides sufficient number of rooms in which smoking is not permitted to accommodate all persons, he or she may designate any area or part of the public place as a designated smoking area.
(3)
Without prejudice to the provisions of subsection (2), an owner, occupier or a person in charge of any place specified in subsection (1) may designate a section which shall not be more than 10% of the premises as designated Smoking Area.
(4)
This Designated Smoking Area in accordance with subsection (3) shall-
(a)
have good ventilation;
(b)
be equipped with state of the art ventilation equipment; and
(c)
not compromise those in the Non-Smoking Area.
(5)
In addition to any outdoor space that is designated as a non-smoking area by the person who owns, controls or occupies a public place, a person is not permitted to smoke in any outdoor space-
(a)
within 5 meters of any doorway, operable window, or air intake mechanism of any public place or workplace;
(b)
within 5 meters of any waiting area or queue, including public transport stops;
(c)
anywhere on the premises of any child care facility or educational facility at any level of instruction;
(d)
anywhere on the premises of any health care facility;
(e)
a playground, amusement park, plaza, public park, or other public gathering space;
(f)
a stadium, arena, or any kind of performance space;
(g)
a space for the service or consumption of food or drink; and
(h)
any other outdoor public place or work space as may be prescribed by the Minister in regulations which shall be published in the official Gazette.

Cite this section

Section 9, NATIONAL TOBACCO CONTROL ACT (2015).

https://repo.podus.ai/laws/national-tobacco-control-act/section/9/