Last updated: August 7, 2024
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” Rather, the law prohibits “[t]he consumption of tobacco, in all its forms, … in places subject to public use,” which does not align with the FCTC Art. 8 Guidelines definition of “second hand smoke” or “smoking.” The law should either include a definition in accordance with the FCTC Art. 8 Guidelines definition of “second hand smoke” and prohibit exposure to it or prohibit “smoking” as defined 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: the act of holding or using lit tobacco and its derivative products, whether or not the smoke is being actively inhaled or exhaled.
The definition of “smoking” contained in the law aligns with the definition of “smoke” contained 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
Place used by the public: any place accessible to the public and to common use, regardless of whether it is publicly or privately owned, or the conditions of access. This refers to indoor or enclosed public places, open or semi-open public places, whether they are work places or mass transit facilities.
The definition of “place used by the public” contained in the law aligns with the definition of “public place” contained 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
Work place: any place used by one or more persons in the context of paid or voluntary work, particularly attached or related places commonly used in this context, such as hallways, elevators, staircases, entrance halls, common facilities, cafeterias, bathrooms, lounges, dining rooms, out buildings such as sheds and hangars. Vehicles used in the course of work are considered work places. Work places also include places of residence or accommodation such as prisons and other detention facilities, institutions for the mentally ill or retirement houses and rest homes.
The definition of “work place” contained in the law aligns with the definition of “workplace” contained in the FCTC Art. 8 Guidelines. The definition could be improved by specifying that it includes private offices.
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 transportation: any vehicle used for shared or public transportation of people, regardless of the conditions of access, including taxis.
The definition of “public transportation” contained in the law aligns with the definition of “public transport” 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
“Public indoor” or “enclosed” place: any space covered by a roof or enclosed by one or several walls or partitions, regardless of the type of materials use, or whether a permanent or temporary structure is involved.
The definition of “public indoor or enclosed place” contained in the law aligns with the definition of “indoor” or “enclosed” contained 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: the set of tobacco derivatives intended to be smoked, sucked, sniffed or chewed, as long as they are partially composed of tobacco, products intended to be smoked even if they do not contain tobacco, as well as all products involved with advertising for tobacco and its derivatives.
The law’s description of tobacco products aligns with the definition provided in FCTC Art. 1(f) and goes further by including “all products involved with advertising for tobacco and its derivatives.”
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))
