Last updated: September 14, 2022
Key Terms
Second Hand Smoke (or similar term)
“Tobacco smoke” means the smoke from the burning end of a cigarette or other tobacco products, usually combined with the smoke exhaled by the smoker.
The definition of "tobacco 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
“Smoking” is the act of being in possession or control of a burning tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.
The definition of "smoking" contained 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 places” means all accessible areas in general or sites for collective use, regardless of who owns them or the right to access them.
The definition of “public places” 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
“Workplaces” means any place used by persons during their employment or work and covers paid work and voluntary work of the kind that is normally remunerated. Besides, "workplaces" include not only those where work is performed, but also all related or annexed locations that workers typically use in the performance of their employment, including, for example, corridors, elevators, stairwells, lobbies, joint facilities, cafeterias, toilets, lounges, dining rooms, and buildings. Vehicles used in the course of work are workplaces and should be specifically identified as such.
The definition of "workplaces" contained in the law aligns with the definition of “workplace” 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
“Public transport” is defined to include any vehicle used to carry the general public, usually for commercial purposes or for remuneration.
The definition of "public transport" contained in the law 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
“Indoor environment” means:
(a) All premises that are shielded from the weather by roofs and walls, irrespective of the materials used.
(b) Primary, secondary, alternative or special education establishments; smoking in the garden or outdoor yards is also strictly prohibited. Smoking shall be permitted in outdoor environments in higher education establishments (ordinary, institutes and universities), the use of theses spaces may be regulated in the internal regulations of each establishment.
(c) Not covered by this definition are gardens and outdoor yards. In cases where they are covered by canopies, roof shades, umbrellas or other, smoking is only permitted if the air circulates freely.
Pursuant to the transitory provisions of Law No. 1280, until regulations are approved under Law No. 2020, Supreme Decree No. 29376 is to remain in force so long as it is not contrary to Law No. 1280. Therefore, the definition of “indoor environment” contained in Specific Regulation for the Administration of Law No. 3029 (issued under Supreme Decree No. 29376) remains in effect. The definition of “indoor environment” aligns with the definition of “indoor” or “enclosed” contained in the FCTC Art. 8 Guidelines. The definition could be improved by including structures both permanent and temporary.
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 products prepared in whole or in part from tobacco leaves as raw material and intended to be smoked, inhaled, chewed, aspirated, sucked, snorted or otherwise consumed, such as manufactured cigarettes, handmade, pipes, cigars, water pipe (narghile- shisha), bidi, roll-your- own, pipe tobacco, electronic nicotine delivery system, heated tobacco products, dry or wet snuff, and others.
The definition of "tobacco products" contained 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))
Passive Smoking
“Passive smoking” means inhaling smoke from a cigarette, cigar, pipe, or other tobacco products produced by another individual.
