Last updated: January 24, 2022
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 because the law prohibits "smoking" in public 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
Smoking: use of all types of tobacco products, such as cigarettes, hookahs and pipes.
The definition of "smoking" contained in the law does not align with the definition provided in the FCTC Art. 8 Guidelines because, by focusing on "use" of a tobacco product, it does not encompass the concept of being in possession of a lit tobacco product, regardless of whether the smoke is being actively inhaled.
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." While a definition of "public place" is not strictly necessary to interpret the law because the law contains a list of types of public places where smoking is prohibited, the failure to define this key term may impede efforts to implement FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all indoor public places, and define the term "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 contain a definition of "workplace." While this term is not used in the law, and therefore a definition is not strictly necessary to interpret the law, the failure to define this key term may impede efforts to implement FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all indoor workplaces, and define the term "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 contain a definition of "public transport." Failure to define this key term may impede implementation and enforcement of the provision prohibiting smoking in public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition "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." While this term is not used in the law, and therefore a definition is not strictly necessary to interpret the law, the failure to define this key term may impede efforts to implement FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all indoor public places and indoor workplaces, and define the term "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 contain a definition of "tobacco product." Failure to define this key term may impede implementation and enforcement of the provision prohibiting smoking of tobacco products in public places. 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 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))
