Argentina

Tobacco smoke: the emanation coming from the burning of a product made with tobacco.

The definition of “tobacco smoke” contained in the law aligns with the definition of “second hand smoke” contained in the FCTC Art. 8 Guidelines.

Consumption of products made with tobacco: the act of inhaling, exhaling, chewing, sucking or keeping lit a product made with tobacco.

The definition of “consumption of products made with tobacco” aligns with the definition of “smoking” contained in the FCTC Art. 8 Guidelines.

Law 26687 defines "enclosed place of public access" as "any space aimed at public access, both in the public and private areas, covered by a roof and confined by walls, regardless of whether the structure is permanent or temporary."

Decree 602 states: "Spaces frequented by the public are to be considered places of public access, whether such access is free or restricted, paid or free of charge."

The law contains a definition of “enclosed place of public access,” which includes the concepts of both “public place” and “enclosed.”

The decree implementing the law clarifies the definition of public place, providing that a place is public regardless of right of access. The two definitions taken together align with the definition of public place contained in the FCTC Art. 8 Guidelines.

Law 26687 defines "enclosed workplace" as "any area or enclosed sector inside a building or establishment, whether fixed or mobile, in which job activities are performed or carried out."

Decree 602 states: "A work place is considered to be that which is stated in Law Nº 19.587 [Health and Workplace Safety]. Closed areas or sections are to be interpreted in accordance with the definition in sub-paragraph (h)."

Law No 19.587 applies to “all establishments and operations, whether for profit or not-for-profit, whatever the economic nature of their activities, the setting where they are performed, the character of the facilities and work stations and types of machinery, materials, devices or procedures that are used or adopted."

Law 26687 contains a definition of “enclosed workplace” that includes any enclosed area of a workplace. The decree implementing the law further clarifies that a "work place" is any workplace covered under Law 19587 – the Health and Workplace Safety Law. This law applies to all workplaces, regardless of the economic nature of the work activity, and thus would also cover volunteers. Together, these definitions align with the definition of “workplace” in the FCTC Art. 8 Guidelines.

Means of public passenger transportation: any type of vehicle that moves by land, air or water used to transport passengers with commercial ends.

The definition of “means of public passenger transportation” contained in the law aligns with the definition of “public transport” contained in the FCTC Art. 8 Guidelines.

Law 26687 defines "enclosed place of public access" as "any space aimed at public access, both in the public and private areas, covered by a roof and confined by walls, regardless of whether the structure is permanent or temporary."

Decree 602 states: "Enclosed spaces will be considered those that have a roof, walls, partitions or other materials that cover more than FIFTY PERCENT (50%) of the distance between the floor and the roof or ceiling, and that cover more than FIFTY PERCENT (50%) of the perimeter of the space. This definition applies regardless of the number of openings or the ventilation system such spaces may possess. Spaces frequented by the public are to be considered places of public access, whether such access is free or restricted, paid or free of charge."

The law defines “enclosed place of public access.” Implementing Decree 602 defines "enclosed spaces." Taken together, the definitions are similar to the FCTC Art. 8 Guidelines definition. However, under the FCTC Art. 8 Guidelines definition, a place with a roof or one or more walls is considered enclosed. Under the law and decree, a place is “enclosed” if more than 50% of the area between floor and ceiling and more than 50% of the perimeter is covered, which requires more than one wall or a roof. Therefore, the definitions contained in the law and decree do not align with the definition of “indoor” or “enclosed” contained in the FCTC Art. 8 Guidelines.

To fully align with the FCTC Art. 8 Guidelines, the law should provide that “enclosed” means covered by a roof or having one or more walls, rather than 50% enclosed.

Law 26687 defines "products prepared with tobacco" as "those prepared that use tobacco totally or in part as raw material and are meant to be smoked, sucked, chewed, breathed in, inhaled or used as snuff."

Decree 602 adds: "The following will be considered products that can be identified as tobacco products:
a) Products for smoking that are not made from tobacco, such as electronic cigarettes, cigars or cigarettes made of other ingredients, etc.
b) Elements or accessories for smoking: such as cigarette holders, water pipes or hookahs, electronic devices for smoking and their accessories, cigarette rollers, ashtrays, etc.
c) Elements identified or associated with brands of tobacco products: t-shirts, caps, lighters, or any kind of product that is not made from tobacco and that uses emblems, figurative brands, images, aromas, or visual or auditory signatures that can be associated with tobacco.

It should be noted that the foregoing list is by way of illustration, and is in no way categorical or exclusive of other products that meet these conditions."

The definition of “tobacco product” in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f). Decree 602 goes further than the FCTC definition by including in the definition of "tobacco products" smoking products not made from tobacco, smoking accessories, and non-tobacco products bearing tobacco logos or other marks.

Law 26687 defines "clubs for smokers of products prepared with tobacco" as "any entity created with the exclusive purpose of offering an area for sampling or consuming products prepared with tobacco."

Decree 602 adds: "A smokers’ club must be a non-profit organization and must have a special authorization to function as such. Its space is intended exclusively for its members and not for the general public. For such purposes, spaces may be used that only have external access, separate from other places where smoking is prohibited. In such places, employees may not perform work, nor offer any kind of product or services other than that of offering a space for the consumption of tobacco products. Access to minors under EIGHTEEN (18) years of age shall be prohibited."

The definition of “clubs for smokers of products prepared with tobacco” is significant because the law provides an exemption from the indoor smoking ban for clubs for smokers of tobacco products, permitting smoking in these places. However, Decree 602 significantly tightens this exemption, requiring such a club to be a non-profit organization for use by its members only and not the general public.