Last updated: September 21, 2022
Key Terms
Second Hand Smoke (or similar term)
“Secondary smoke” means smoke, also including substances, produced because of the use of tobacco products or tobacco substitutes, available in the air, where a person or people are smoking or smoked.
The definition of "secondary smoke" contained in the law aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
“The use of tobacco product or tobacco substitute” means the application of the tobacco product or tobacco substitute by smoking or inhaling or chewing or breathing in or out of organism.
The law defines and uses the term “use of a tobacco product or tobacco substitute,” rather than “smoking.” The definition of “use of a tobacco product or tobacco substitute” contained in the law does not align with the definition of “smoking” provided in the FCTC Art. 8 Guidelines. The Guidelines definition of “smoking” includes being in possession of a lit tobacco product. In contract, the definition in the law of “use of a tobacco product or tobacco substitute” encompasses only the active act of smoking a tobacco product or tobacco substitute.
A definition of "smoking" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
“Public area” means area, available for the public collective use, regardless its form of property.
The definition of “public area” contained in the law aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
Although the law uses the term “working areas,” it fails to define this term. The lack of this key definition could impede implementation and enforcement of provisions that restrict smoking in the workplace. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
The law does not contain a definition of “public transport.” The lack of this key definition could impede implementation and enforcement of provisions that prohibit or restrict smoking in public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
“Indoor area” means any building, whether temporary or permanent, with a covering, movable or immovable wall, which is completely closed except for windows and door openings.
The definition of “indoor area” contained in the law does not align with the definition of “indoor” or “enclosed” provided in the FCTC Art. 8 Guidelines. Under the Guidelines, a space is “indoor” if it has a roof and one wall or side. Under the law, a space must be completely enclosed – in other words, have four walls – to be considered “indoor.”
A definition of "indoor" or "enclosed" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
“Tobacco products” means any product, which is completely or partly produced from raw tobacco leaves or contains raw tobacco and produced in the way to be used for smoking or absorbing or chewing or breathing into the organism, including for breathing in by producing aerosol as a result of heating tobacco raw materials.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1.
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
