Japan

Passive smoking exposure: being forced to breath other persons' tobacco smoke in indoor or functionally equivalent spaces.

The law does not contain a definition of second hand smoke. Instead, the law contains a definition of "passive smoking exposure." This definition does not fully align with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines, as it is unclear whether it applies to all smoke emitted from the burning end of a cigarette.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “second hand smoke” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

None of the laws or implementing regulations defines "smoking" or "smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "smoking" or "smoke," this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "smoking" or "smoke" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

The Health Promotion Act and its implementing regulations do not contain a definition of “public place.”

The Health Promotion Act encourages managers of certain enumerated public places to “try to take whatever steps are necessary to prevent passive smoking exposure.” In order to provide protection from exposure to tobacco smoke in all indoor public places, the law or regulations should provide a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines, and should prohibit smoking in all indoor public places.

The law does not define “workplace.” However, the Industrial Safety and Health Act defines "worker" "as in Article 9 of the Labor Standards Act (excluding a person who is employed at an undertaking or office at which only relatives who are living together are employed, and a housework employee.)"

The Labor Standards Act defines worker as: "one who is employed at an enterprise or office (here referred to as "enterprise") and receives wages therefrom, without regard to the kind of occupation." Therefore, workplace guidelines on smoking appear to apply to industrial, business and office settings. However, in practice, the Workplace Guidelines on smoking have not been applied to employees that work in public places, such as restaurants, hotels, bars, hospitals, schools, etc. In addition, "employee" clearly does not encompass domestic workers, volunteers, and workers in family-run businesses, and therefore the workplace guidelines do not apply to these situations.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because the workplace guidelines on smoking do not apply to all workplace settings and employees. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "workplace" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Other facilities includes: railroad cars, buses, taxis, passenger planes, passenger boats, etc.

The Health Promotion Act encourages managers to “try to take whatever steps are necessary to prevent passive smoking exposure” in certain enumerated public places and “other facilities used by numerous people.” HSB Notification 0225 interprets “other facilities” to include “railroad cars, buses, taxis, passenger planes, passenger boats, etc.”

In order to provide protection from exposure to tobacco smoke in all public transportation, the law or its implementing regulations should provide a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines, and should prohibit smoking in all public transport.

Neither the Industrial Safety and Health Act, the Health Promotion Act, nor their implementing regulations contains a definition of “indoor” or “enclosed.”

In order to provide protection from exposure to tobacco smoke in all indoor public places and indoor workplaces, the law or regulations should provide a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

None of the laws or implementing regulations defines "tobacco products." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “tobacco product," this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of "tobacco product" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.