Last updated: May 11, 2023
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that smoking is prohibited in certain areas. Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law.
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 use of tobacco products intended for consumption via a combustion process or other form of heating.
The definition of "smoking" contained in the law aligns with the definition of “smoking” 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 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
“Indoor area” means a closed indoor space with ceiling, floor and walls or an area of which it is possible to construct a closed space by installing an additional plane structure and which is intended for living or staying or as a waiting or working area.
The definition of “indoor area” contained in the law does not align with the definition of “indoor” or “enclosed” provided in the FCTC Art. 8 Guidelines because it does not note that this could include spaces which are either permanent or temporary.
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
“Tobacco product” means a product that can be consumed and consists wholly or partly of tobacco (nicotiana).
The definition of "tobacco product" 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 separate space in an indoor area that has been approved by building inspection authorities for smoking purposes.
The definition of “smoking area” is relevant because these areas are permitted in most indoor workplaces and indoor public places.
Public Event
“Public event” means a public meeting or public event referred to in 4 the Assembly Act (530/1999).
The definition of “public event” is relevant because smoking is prohibited in shelters, auditoriums, and other spectator areas at outdoor public events.
Housing Community
“Housing community” means a limited liability company governed by the Limited Liability Company Act (1599/2009), an association and a foundation governed by the Right-of Occupancy Housing Act (650/1990), a housing cooperative, an apartment house referred to the § 2 on the Act on Joint Management of Rental Buildings (649/1990) and any other tenancy owned by communities.
The definition of “housing community” is relevant because smoking is prohibited in shared and public indoor spaces within these communities.
