Last updated: May 15, 2020
Key Terms
Second Hand Smoke (or similar term)
Second-hand tobacco smoke or environmental tobacco smoke: Smoke coming form the burning end of a cigarette or other tobacco products, generally in combination with the smoke exhaled by the smoker.
The definition of “second-hand smoke” contained in Law No. 1335 aligns with the definition 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
Smoke: The act of being in a position or control of a burning tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.
The definition of “smoke” contained in Law No. 1335 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 places: All places accessible by the general public or places of group use, regardless of who the owner is or who has the right of access to them.
The definition of “public places” contained in Law No. 1335 aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that public places may be permanent or temporary.
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: All places used by people during their employment or job, including all connected or annexed places, and vehicles which workers use in the performance of their work. This definition covers those place that are a residence for some people and a place of work for others.
The definition of “work place” contained in Law No. 1335 aligns with the definition provided in the FCTC Art. 8 Guidelines. The definition in the law is more expansive than the FCTC definition in that it specifies that it includes a residence that is a place of work for someone.
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 vehicle used to transport the public, generally with commercial ends or to obtain remuneration. Includes taxis.
The definition of “public transport” contained in Law No. 1335 aligns with the definition 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
Enclosed area: Any space covered by a roof and confined by walls, regardless of the material used for the roof, walls or partitions and whether the structure is permanent or temporary.
The definition of “enclosed area” contained in Law No. 1335 is narrower than the definition of “enclosed” contained in the FCTC Art. 8 Guidelines because the law’s definition requires a “roof and walls,” whereas the FCTC definition requires a “roof or one or more walls.” To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “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
The lack of definition for this key term could render enforcement of the law difficult. The law should provide a definition of “tobacco product” in accordance with the definition 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))
