Last updated: September 21, 2022
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. 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
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “smoke”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “smoking” or “smoke” should be provided in accordance 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
Enclosed smoke-free public places (from Bylaw of Law No. 52): all enclosed places accessible to the public.
Public place (from Law No. 4 of 1994): a place prepared for welcoming a group of people – either in its entirety or a specific group – for any purpose.
The Bylaw contains the following definition of “enclosed smoke-free public places.” Thus, the implied definition of public place is a “place accessible to the public.” This definition aligns with the definition of “public place” in the FCTC Art. 8 Guidelines. However, it could be clarified by adding the phrase “regardless of ownership or right of access.”
Law No. 4 of 1994 also contains a definition of "public place.” This definition applies to those places that permit designated smoking areas under the law.
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
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “workplace,” it may be difficult to enforce provisions that prohibit smoking in the workplace.
A definition of “workplace” should be provided in accordance 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
Means of public transportation: all means of transportation used to transport people, whether state-owned or owned by other entities. These include means of transportation used by ministries, organizations, units of public sector, private sector, or public business sector, to transport their employees to and from workplaces.
The definition includes all forms of transportation used to carry members of the public. Notably, the definition includes forms of quasi-public transportation, including transportation organized by employers to transport employees, regardless of whether it is publicly or privately owned.
The definition aligns with the definition of “public transport” 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
Closed public place: a public place that has a completed structure into which air may not enter except through vents prepared for this purpose. Means of public transportation shall be considered closed public places by this provision.
Law No. 4 of 1994 contains a definition of “closed public place.”
The Bylaw of Law No. 52 contains a definition of “enclosed smoke-free public places” (“all enclosed places accessible to the public”) but does not contain a definition of “enclosed” or “indoor.” It is unclear whether the definition in the 1994 Law applies to Law No. 52 of 1981 and its Bylaw. Assuming the definition applies, it does not align with the definition in the FCTC Art. 8 Guidelines because the definition only covers those structures that are completely enclosed, whereas the Guidelines definition covers structures with one or more walls.
A definition of “indoor” or “enclosed” should be provided in the 1981 Law or Bylaw 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
Tobacco: tobacco produced from the raw tobacco plant. Tobacco products are the products made of tobacco leaves for use by smoking, suction, or inhalation.
The definition of “tobacco products” aligns with the FCTC definition. However, this definition could be improved by clarifying that “tobacco products” include products “entirely or partly” made of tobacco leaves.
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))
