Last updated: October 13, 2017
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, a definition is not necessary, as the law prohibits smoking in certain places rather than prohibiting exposure to second hand smoke.
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
The law does not contain a definition of "smoking" or "smoke." The failure to define this key term may hinder implementation and enforcement of provisions in the law that prohibit smoking in certain public places and public transport.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "smoking" or "smoke" 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
The law does not define "public place." The failure to define this key term may hinder implementation and enforcement of provisions in the law that prohibit smoking in public places.
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
The law does not define "workplace." The failure to define this key term may hinder implementation and enforcement of provisions in the law that restrict smoking in workplaces.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain 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
The law does not define "public transport." The failure to define this key term may hinder implementation and enforcement of provisions in the law that prohibit smoking in public transport.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain 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
The law does not contain a definition of "indoor" or "enclosed." A definition is not strictly necessary in order to interpret the law because the law does not prohibit smoking in "indoor" places, but rather, prohibits smoking in a list of places. However, the failure to define this key term may hinder implementation of the Art. 8 requirement to protect against exposure to tobacco smoke in indoor public places and indoor workplaces.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define "indoor" 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
The law does not define "tobacco product." The failure to define this key term may hinder efforts to implement the Art. 8 requirement to protect against exposure to tobacco smoke.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "tobacco product" in accordance with the definition provided in the FCTC.
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))
