Last updated: August 21, 2023
Key Terms
Second Hand Smoke (or similar term)
"Second-hand smoke" means the inhalation of the mixed air that occurs when the smoke from cigarettes, pipes, cigars, water pipes, cheroots, herbal cigarettes, and similar products are mixed with, and contaminate, the surrounding air.
The definition of “second hand 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
The law does not contain a definition of "smoking” or “smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
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
The law does not contain a definition of "public place.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "public place" should be provided 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
The law does not contain a definition of "workplace.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "workplace" should be provided in accordance with the definition supplied 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
The law does not contain a definition of "public transport." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "public transport" should be provided in accordance 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
The law does not contain a definition of "indoor” or “enclosed." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "indoor" or "enclosed" should be provided 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 term "tobacco products" as used in this act is understood to refer to a product that can be used and that entirely or partly consists of tobacco, regardless of whether the tobacco is genetically modified.
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))
Smoking Area
"Smoking area" means a special facility with effective exhaust or ventilation options. The smoking area may not serve as a passageway, and it may not contain functions used by others.
The definition of the terms “smoking area” and “smoking cabin” are important because the law allows a “smoking area” or “smoking cabin” in many types of public facilities.
Smoking Cabin
"Smoking cabin" means free-standing units with effective exhaust or ventilation options.
The definition of the terms “smoking area” and “smoking cabin” are important because the law allows a “smoking area” or “smoking cabin” in many types of public facilities.
Service Area
“Service area” means a facility with service of food or drink for consumption in or at the service area.
The definition of “service area” is important because smoking is prohibited in indoor service areas.
