Last updated: August 2, 2022
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, such a definition is not necessary in order to interpret the law because the law prohibits "smoking" in public 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
“Tobacco Smoking” means the use of tobacco products by burning [whether] its smoke is inhaled or exhaled.
The definition of "tobacco smoking" in the sub-decree 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 enclosed places, public transports which are used or accessed by public.
The definition of "public places" contained in the sub-decree does not align with the definition provided in the FCTC Art. 8 Guidelines for several reasons. First, it defines a public place as "enclosed," whereas the definition in the Guidelines could apply to either an indoor or outdoor space. Second, the definition should state that a public place may be "permanent or temporary" and that it refers to places used by the public "regardless of ownership or right of access."
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
“Workplaces” refer to permanent or temporary indoor places where any person works regardless of whether it is a paid or unpaid, voluntary or obligatory, which includes personal offices, shared offices, and other places which are generally used or passed across during the performance of work.
The definition of "workplaces" contained in the sub-decree aligns 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
“Public Transports” mean all types of vehicles such as cars, trains, ships or boats, airplanes used or accessed by the general public.
The definition of "public transports" contained in the sub-decree aligns with the definition contained 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
“Enclosed Public Place” refers to a place covered by a roof, one wall or more, with or without doors, regardless of the types of materials used to build the roof and the wall(s) and whether they are permanent or temporary.
The Sub-Decree on Smoking contains a definition of "enclosed public place" which is, essentially, a definition of "enclosed." (The sub-decree contains a separate definition of "public place.") The definition contained in the law aligns with the definition of "indoor" or "enclosed" 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” means products entirely or partly made of the leaf of tobacco, chopped tobacco, or any tobacco substance manufactured by tobacco industry or other means to be used for smoking or to be used in other forms which include but not limited to sucking, chewing or snuffing.
The definition of "tobacco products" contained in the sub-decree on Smoking aligns with the definition 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))
