Last updated: February 5, 2021
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke.” However, a definition of this term is not strictly necessary for interpretation of the law because the law prohibits "smoking” in specified 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
“Smoke” means to inhale, exhale, hold or otherwise have control over an ignited tobacco product or a heated, but not ignited, tobacco product that produces an emission of any sort; or to operate or otherwise have control over an electronic delivery system that produces an emission of any sort.
The definition of “smoke” 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
“Public place” means any place accessible to the general public or place of collective use, regardless of ownership or right to access.
The definition of "public place" contained in the Tobacco Control Act aligns with the definition of "public place" provided by 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 any place used by one or more persons during employment or work, whether done for compensation or as a volunteer, and includes all attached or associated spaces commonly used during the course of work or incidentally, as well as work vehicles.
The definition of “workplace” aligns with the definition provided in the FCTC Art. 8 Guidelines.
To more fully align with FCTC Art. 8, the definition should include the language “permanent or temporary” to describe workspaces.
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 form or mode of transportation, whether publicly or privately owned, used to carry members of the public usually for hire or reward, whether domestically or internationally.
The definition of "public transport" contained in the law 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
“Indoor” means any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for any roof, wall or side, and regardless of whether the structure is permanent or temporary.
The law contains a definition of "indoor" that aligns with the definition of "indoor" or "enclosed" 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 any product entirely or partly made of the tobacco leaf as raw material, which is manufactured to be used for smoking, sucking, chewing, snuffing or consumption by any other means.
The definition of "tobacco product" aligns with the definition of "tobacco product" 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))
