Last updated: August 7, 2024
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary because the law prohibits smoking in specified places, rather than prohibiting exposure to second hand smoke.
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 law does not contain a definition of "smoking" or "smoke." This lack of a definition could impede efforts to enforce the ban on smoking in public places.
To align with FCTC Art. 8 and the FCTC Art, 8 Guidelines, the law should contain a definition of "smoking" or "smoke" 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 place: a place where everyone is admitted indiscriminately, and for this reason, because of this status, judicial and administrative police forces are more extensively present than on private property.
The definition of "public place" contained in the law does not align with the definition contained in the FCTC Art. 8 Guidelines. It is unclear whether the definition in the law covers privately owned places used by the general public regardless of ownership or right of access. (However, Art. 4 of the law makes clear that smoking is ban in specifies private as well as public places.) In addition, the law is unclear as to whether the definition covers temporary as well as permanent areas.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition 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
Work place: a place used by one or several individuals in the course of their employment, whether paid or voluntary, including the adjacent spaces used in this context.
The definition of "work place" contained in the law aligns with the FCTC Art. 8 Guidelines definition in that it covers places used for work regardless of whether the work is paid or voluntary, and the definition covers common areas. To more fully align, the law should clarify that a workplace may be a permanent or a temporary area.
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 transportation: any means of transportation used by the public, including elevators, to which people have access either for free or in exchange for payment.
The definition of "public transportation" aligns with the definition of "public transport" 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
The law does not contain a definition of "indoor" or "enclosed." This lack of a definition may impede efforts to enforce the ban on smoking in enclosed public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "indoor" or "enclosed" 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: products entirely or partially made from leaf tobacco as their raw material, and intended to be smoked, sucked, chewed or sniffed.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” contained 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))
Smoke-free Space
Smoke-free space: any public place, work place or means of transportation where smoking is prohibited.
The definition of "smoke-free space" is relevant for purposes of duties placed on operators or managers of smoke-free places.
