Last updated: May 7, 2021
Key Terms
Second Hand Smoke (or similar term)
Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “second hand smoke” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 15.
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
“Smoking” means inhaling or exhaling the smoke of any tobacco product and shall include the holding of or controlling any ignited tobacco product.
The definition of “smoking” in the law aligns with the definition of “smoking” 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 place” means educational institution, government office, semi-government office, office of autonomous body and non-government office, library, elevator, indoor work place, hospital and clinic building, court building, airport building, sea port building, river port building, railway station building, bus terminal building, cinema hall, exhibition hall, theatre hall, market building, restaurant covered by four walls, public toilet, children’s park, fair, queue of passengers for riding public vehicles, or any other place accessible for collective use by people or any other or all places declared by general or special order of the Government or local government institutions.
The definition of “public place” includes an extensive list of public places where smoking is restricted, and includes any place accessible for collective use by people. The law aligns with the FCTC definition of “public place.”
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
Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “workplace” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 20.
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
“Public vehicles” means motor car, bus, train, ship, launch, all kinds of mechanical public transport, aeroplane and such other vehicles as may be determined by the Government, by notification in the Official Gazette.
The definition of “public vehicles” is restricted to mechanical public transport. The definition of “public transport” contained in the FCTC Art. 8 Guidelines is broader than the definition in the law because the Guidelines definition encompasses any vehicle, mechanical or otherwise, for carriage of members of the public. Therefore, the definition of “public vehicles” in the law does not align with the definition of “public transport” in the FCTC Art. 8 Guidelines. The Government should use its power of notification to include non-mechanical vehicles within the definition of public vehicles.
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
Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “indoor” or “enclosed” should be provided in accordance with the definition supplied by the FCTC Art. 8 Guidelines para. 19.
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
(b) “Tobacco” means any Nicotima Tobacum or Nicotima Bustica plant or any other related plant or its leaf or crop, root, branch or any part of it.
(c) “Tobacco products” means any product made from tobacco, tobacco leaf or its extract which can be sucked or chewed, or inhaled through smoking, and shall include bidi, cigarette, cheroot, gul, jarda, khoinee, sadapata, cigar and mixture used in pipe or hukkah.
The definition of “tobacco products” in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).
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))
Smoking Zone
“Smoking zone” means any public place or any area specified for smoking in the public vehicles.
The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines because it provides for smoking areas.
This definition and the provisions for smoking zones preclude the government from fulfilling its FCTC Art. 8 obligation to provide effective measures for the protection of the public and workers from exposure to tobacco smoke.
In order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require 100% smoke free indoor environments, at a minimum, rather than providing for smoking zones.
Person
“Person” also includes company, cooperatives, organization or body of persons, whether incorporated or not, producers and distributors of tobacco products.
The definition of “person” is relevant because it establishes that the provisions of the law apply to individual people and corporate entities.
