Last updated: December 14, 2020
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that “[n]o person shall smoke or be permitted to smoke in a public place.” Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law.
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
“Smoke" means to smoke, hold or otherwise have control over an ignited tobacco product or to inhale, exhale or otherwise have control over the emission of vapor from an electronic smoking device.
The law contains a definition of "smoking" that aligns with FCTC Art. 8 and 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 a (a) building, place, structure or facility that is owned, controlled, managed or occupied by the Crown or a statutory board in Barbados; (b) place, site, building, factory, plant, work place or other structure that is fully or substantially enclosed; (c) library, museum, auditorium, historic or other site of archeological or national significance, to which the public or a member or section of the public has access or is permitted to have access, with or without restriction to users and whether or not (i) on the payment of money; or (ii) by virtue of membership.
The law contains a very broad definition of “public place.” The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To further align with FCTC Art. 8, the definition should specify that these areas (in addition to the roof referred to in the definition of “substantially enclosed”) can be permanent or temporary in nature.
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
The law does not provide a separate and distinct definition of "workplace," however, the definition of “public place” includes any “place, site, building, factory, plant, work place.”
The law does not contain a definition of "workplace," but instead includes "work place" in its definition of "public place." To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide 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 provide a separate and distinct definition of "public transport," however, the definition of “public place” includes any “place… or other structure that is fully or substantially enclosed.”
The law does not contain a definition of "public transport," however, the definition of “public place” includes any “place . . . or other structure that is fully or substantially enclosed.”
The law should include a definition of "public transport" that aligns with FCTC Art. 8 and 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
The law includes a definition of "substantially enclosed" which means a place, site, building, factory, plant, work place or other structure that
(a) is covered by a permanent or temporary roof or covering whether semiporous or otherwise; and
(b) has walls or other erections that prevent passage, and also has doors, windows or openings in the walls or other erections.
Although the law contains a definition of “substantially enclosed,” the definition does not indicate that a place may be considered substantially enclosed with one or more walls. The definition also does not specify that substantially enclosed places may be permanent or temporary.
The law should include a definition of "indoor" or "enclosed" that aligns with FCTC Art. 8 and 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 product” means products entirely or partly made from tobacco leaves which are manufactured to be used for smoking, sucking, chewing or snuffing.
This definition 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))
Occupier
"Occupier" means in relation to a public place, means a person who (a) holds possession of a public place or premises; (b) has the management or control of a public place; or (c) is otherwise in charge of a public place.
This definition is significant because the law places certain duties upon the “occupiers” of a public place.
