Bermuda

The law does not contain a definition of “second hand smoke.” However, a definition of this term is not necessary for interpretation of the law because the law prohibits smoking in enclosed public places, enclosed workplaces, and public conveyances rather than prohibiting “exposure to second hand smoke.”

“Smoking” means inhaling, exhaling or handling an ignited or heated cigarette product or tobacco product, or a cigarette product or tobacco product producing emissions by any means.

The law’s definition of “smoking” aligns with the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product. Additionally, the law’s definition is more expansive than the definition provided in the FCTC Art. 8 Guidelines because it includes the act of smoking a "heated” cigarette/tobacco product or cigarette/tobacco product “producing emissions by any means,” such as an e-cigarette.

“Enclosed public place” means the inside of a place, building or structure, temporary or permanent, that is covered by a roof completely or more than fifty percent closed to the outside air, and to which the public is normally invited or permitted access.

The law contains a definition of “enclosed public place,” which combines definitions for “enclosed” and “public place.” The portion of this definition that defines “public place” aligns with the definition of “public place” contained in the FCTC Art. 8 Guidelines. However, the law’s definition could be clearer if it specified it applies regardless of ownership or right of access.

“Enclosed workplace” means the inside of a place, building, structure or vehicle that is covered by a roof completely or more than fifty percent closed to the outside air, and that employees work in or frequent.

The law’s definition of "enclosed workplace" does not align with the definition provided in the FCTC Art. 8 Guidelines. The law’s definition references the definition of “employee” in the Employment Act 2000, which is more limiting and less protective than the scope of the FCTC Art. 8 Guidelines definition because it only applies to workplaces where individuals receive compensation and excludes persons under the age of sixteen, casual workers, part-time employees, temporary employees, students, voluntary workers, and other classes of people prescribed by regulation. Nonetheless, the effect of the law may be complete because all enclosed public places are covered under the law as well.

To ensure enforcement of the smoking prohibition in all indoor workplaces, a definition of "workplace" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines. Additionally, the definition in the law could be improved if it specified it includes both permanent and temporary areas.

“Public conveyance” means any mode of transportation that carries passengers for hire or reward.

The law’s definition of “public conveyance” aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

“Enclosed public place” means the inside of a place, building or structure, temporary or permanent, that is covered by a roof completely or more than fifty percent closed to the outside air, and to which the public is normally invited or permitted access.

“Enclosed workplace” means the inside of a place, building, structure or vehicle that is covered by a roof completely or more than fifty percent closed to the outside air, and that employees work in or frequent.

The law contains definitions for “enclosed public place” and “enclosed workplace,” and the term “enclosed” is not defined separately. Under these definitions, an area is “enclosed” if it is completely covered by a roof or is more than 50% closed to outside air. In contrast, the definition of “enclosed” in the FCTC Art. 8 Guidelines defines “enclosed” as having a roof or one or more walls. Therefore, some places would be considered enclosed under the FCTC Guidelines definition but not under the definition in the law. To align with the FCTC Art. 8 Guidelines, the law should contain a definition of “enclosed” or “indoor” in accordance with the definition provided by the FCTC Art. 8 Guidelines.

“Tobacco product” means a product composed in whole or in part from the leaf of the tobacco plant as raw material which is manufactured for human consumption.

The law’s definition of “tobacco product” aligns with the definition of “tobacco product” in the FCTC Art. 1(f).

“Cigarette” means a cylindrical roll of ground or shredded tobacco that is wrapped in paper or another substance meant for smoking.

The definition of “cigarette” is significant because it determines the scope of products covered by the law’s smoking prohibition. The law prohibits the smoking of “cigarette products” and “tobacco products.”

“Cigarette product” includes cigarettes and electronic cigarettes.

The definition of “cigarette product” is significant because it determines the scope of products covered by the law’s smoking prohibition. The law prohibits the smoking of “cigarette products” and “tobacco products.”

“Electronic cigarette” means a cigarette-shaped device containing a nicotine based liquid that is vapourised and inhaled, and is used to simulate the experience of smoking tobacco.

The definition of “electronic cigarette” is significant because it determines the scope of products covered by the law’s smoking prohibition. The law prohibits the smoking of “cigarette products,” which by definition includes e-cigarettes.