Last updated: September 17, 2019
Key Terms
Second Hand Smoke (or similar term)
“Second hand smoke” means what people breathe when they share the same space with smokers, and it is the result of a mixture of: the lateral smoke emitted by the cigarette, the smoke that the smoker breathes out between puffs, and all the toxic substances emitted into the air by the burning of tobacco and its products.
The law’s definition of “second hand smoke” 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
“Smoking” means the act of inhaling and exhaling smoke from a tobacco product, and includes the act of being in possession or control of a burning tobacco product that is generating emissions.
While not defined in the legislative decrees, the regulation’s definition of “smoking” 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
The law does not define "public place."
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" 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
“Work place” means public or private premises or facilities where work is performed that uses one or more workers, whether employed or on a voluntary basis, during working hours. Included are all adjacent or attached places as well as vehicles that workers use for the performance of their work. Also considered under this heading are areas where the public is served.
There is no definition of “place of work” in the legislative decrees, and the regulation’s definition of “work place” does not align with the definition provided in the FCTC Art. 8 Guidelines.
It does not specify workplaces may be a permanent or temporary area and requires that work be performed “during working hours.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should include a definition of “workplace” 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
Neither the legislative decrees nor the regulation define “public transport." However, the substantive provisions in Legislative Decree No. 771, Art. 6(d) and Regulation Decree No. 63, Arts. 23(a), (c), and (e) prohibit smoking in "public and private means of collective and selective passenger transportation,” “work places includ[ing] motor vehicles,” “land, sea and air transportation vehicles, with point of origin and destination within the national territory," and “any means of passenger transportation.”
Read together with Legislative Decree No. 334, Art. 1 prohibiting smoking “on public transport,” they may sufficiently set forth the types of transport covered under the law to avoid ambiguity that can result from undefined terms. For clarity, though, the law should include a definition of “public transport” 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
“Enclosed or indoor areas or spaces with public access” means any public or private space, that is covered by a roof or has at least two partitions or walls, regardless of the material used for their construction, or whether it is a permanent or temporary structure. For the purposes of this definition, the concept of a roof includes sunshades, awnings, collapsible roofs or roofs that can be dismantled, and tarps.
The regulation’s definition of “enclosed or indoor areas or spaces with public access” does not fully align with the definition of “indoor or enclosed” provided in the FCTC Art. 8 Guidelines.
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulation should provide that “indoor or enclosed” includes enclosure by one or more walls rather than having at least two walls.
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
[Decree No. 771] "Tobacco products" means products totally or partially
prepared using tobacco leaf as a raw material, and intended to smoked or
chew.
[Decree No. 63] "Tobacco products" means products made totally or in part
from tobacco leaf as their raw material, and which are intended to be
smoked, sucked, chewed, sniffed or inhaled.
The law and regulations contain nearly identical definitions of
“tobacco products.” These definitions align with the definition of
"tobacco product" 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))
Open Areas or Spaces
“Open areas or spaces” means a space that does not have a roof, nor is it confined within more than one partition or wall, regardless of the material used for their construction, or whether it is a permanent or temporary structure. For the purposes of this definition, the concept of a roof includes sunshades, awnings, collapsible roofs or roofs that can be dismantled, and tarps.
The definition of "open areas or spaces" is significant because it describes potential areas where smoking is prohibited.
