Last updated: September 14, 2021
Key Terms
Second Hand Smoke (or similar term)
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 "smoking is prohibited" in enclosed public places, rather than, for example, "no person shall be exposed to second hand smoke in enclosed public places."
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: The act of holding or using a lit tobacco product, whether or not its smoke is actively inhaled or exhaled.
This definition contains the same concepts and therefore aligns 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: Any enclosed public place, whether covered or not, to which the public has free access, either subject to invitation or payment of admission, including government or private offices, factories, closed worksites, garages, cultural establishments, stores, restaurants, bars, hotels, snack bars, inns, cinemas, video clubs, movie clubs, night clubs, casinos, stadiums, cabarets, gaming rooms, penitentiaries, fortune tellers, athletic facilities, medical or scientific research centers, elementary secondary, technical, professional and higher and scientific educational institutions, health care institutions, hospitals, airports, or any other facility providing accommodation for minors.
The definition of “public places” contained in the Tobacco Control Law aligns with the definition provided in the FCTC Art. 8 Guidelines in that it includes all places accessible to the general public, including those that are temporary or permanent.
However, the definition could be clearer if it specified that the definition applied regardless of ownership or right of access.
Additionally, lists of public places covered by the smoking ban can create confusion about whether the list is all inclusive or merely meant to provide examples. Such lists should not be necessary if the broad definitions of “indoor,” “enclosed,” “workplaces,” and “public places” provided in the FCTC Art. 8 Guidelines are used. At a minimum, the list of places should be clearly marked as illustrative by using the phrase “including but not limited to.”
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
Interior workplace: Any places used by persons during their work, including hallways, entrances, cafeterias, bathrooms, lounges and other areas commonly used by workers in the course of their employment, even if no work is performed in such areas. Such places encompass closed vehicles used during work, including taxis, ambulances and delivery vehicles.
The definition of “interior workplace” in the law aligns with the definition of “workplace” in the FCTC Art. 8 Guidelines. However, the notion of “regardless of whether the work is done for compensation or on a voluntary basis” is not explicitly mentioned.
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: Any means of motorized transportation for people, including elevators, to which they have access, whether free of charge or through payment.
The definition of “public transport” provided in the law is limited to means of “motorized transportation.” Nonetheless, the definition in the law aligns with the main concepts of the definition of “public transport” as provided in the FCTC Art. 8 Guidelines.
The law could be strengthened by utilizing the definition contained in the FCTC Art. 8 Guidelines to ensure comprehensive coverage and interpretation of the law.
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 Tobacco Control law does not define “indoor” or “enclosed.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of "indoor" or "enclosed" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.
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 and tobacco product: Tobacco in cut leaves, whether processed or not, regardless of the form of its presentation, and intended to be smoked, sniffed, chewed or sucked, as well as the accessories intended to facilitate such use.
The definition of “tobacco and tobacco product” aligns with and is broader than the FCTC definition in that it applies to accessories intended to facilitate tobacco use as well as tobacco itself.
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))
