Last updated: June 1, 2020
Key Terms
Second Hand Smoke (or similar term)
Second-hand smoke: mixture of smoke exhaled by the smoker and by the lit end of the cigarette or any other tobacco product.
The definition of “second-hand smoke” is defined in accordance 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
Smoke: means to inhale and exhale, burn or light any type of “puro”, cigar, cigarette or pipe or any kind of product that contains tobacco in any form.
The definition of “smoke” is defined 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
Public place: open or closed environment to which the public has free access, including educational, health, public transportation centers, lobby and reception areas in hotels and motels, restaurants, retail food production centers, sales areas, shopping centers, theaters and waiting rooms. The public place denomination to which this subsection refers does not limit its owners or managers from limiting access due to security reasons or from reserving the right of admission.
The definition of “public place” aligns with the FCTC Art. 8 Guidelines definition of “public place.” However, the definition may be limiting in that it does not clearly specify that public access to a public place should not be conditioned on ownership or right of access.
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
Place of employment or work place: area under the control of an employer or boss, individual or legal entity, public or private, where jobs are performed for which the workers or employees were hired, including the rest areas, bathrooms, conference rooms, meeting rooms, classrooms, cafeterias or vehicles.
The definition of “place of employment or work place” contained in the law does not align with the definition provided in the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it only applies to workplaces where employees or workers are hired and does not explicitly include voluntary work. Nonetheless, the effect of the ban may be complete because all enclosed public places are covered under the ban as well.
To ensure enforcement of the smoking prohibition in all indoor workplaces, 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
The law does not provide for a definition of “public transport.” Although smoking is prohibited on any means of publicly used, group or community transportation, these terms are not defined, which could lead to confusion.
To ensure that the smoking ban is enforced in all means of public transport, a definition of “public transport” or similar terms 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
Closed place: any place covered by a roof or enclosed by one or more walls or partitions despite the type of material used for the roof, walls, or partitions and despite whether the structure is permanent or temporary.
The term “closed place” is defined in accordance with the FCTC Art. 8 Guidelines definition of “indoor” or “enclosed.”
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 law does not contain a definition of “tobacco product.” This lack of definition could hinder enforcement of the ban on smoking or keeping a lit tobacco product in public places, workplaces and public transport. Therefore, a definition of “tobacco product” should be provided in accordance with the definition provided in FCTC Art. 1.
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))
Restaurant
Restaurant: establishments where food is served or dispensed, coffee shops, public and private cafeterias in schools, institutes, universities and other centers of study or those giving or offering food for sale to the public or employees.
The definition is relevant in the application of the comprehensive smoking ban in enclosed public places and workplaces.
