Last updated: September 9, 2021
Key Terms
Second Hand Smoke (or similar term)
"Tobacco smoke, second hand smoke or environmental tobacco smoke" means the smoke or other emissions released from a tobacco product or the smoke exhaled by a person smoking a tobacco product.
The definition of "tobacco smoke, second hand smoke or environmental tobacco smoke" contained in the Tobacco Control Act 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
"Smoking" means possessing or controlling a lit or heated tobacco product regardless of whether the smoke is being actively inhaled or exhaled.
The definition of "smoking" contained in the Tobacco Control Act aligns with, and is more expansive than, the definition provided in the FCTC Art. 8 Guidelines. The definition in the law is more expansive because it includes the act of smoking a "heated tobacco product."
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
“Public place” means an area, permanent or temporary, fixed or mobile, that is accessible to the general public or for the collective use by the general public regardless of ownership or right of access.
The definition of "public place" contained in the Tobacco Control Act aligns 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
"Workplace" means 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.
The definition of "workplace" contained in the Tobacco Control Act aligns 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
"Public transport" means any means of transport used for the carriage of members of the public.
The definition of "public transport" contained in the Tobacco Control Act aligns 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" means 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.
The definition of "enclosed" contained in the Tobacco Control Act aligns 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 products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing, snuffing, or consumed by any means.
The definition of "tobacco product" contained in the Tobacco Control Act aligns with the definition 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))
