Last updated: December 9, 2022
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, a definition is not strictly necessary as the law prohibits or restricts "smoking” in certain enumerated 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
“Tobacco product consumption” means the process of consuming a tobacco product, hookah blend or tobacco for a hookah pipe, including the use of a hookah pipe and tobacco heating systems and any other systems of consumption causing the human body to acquire a dependency to nicotine, negatively impacting a person's health, as well as the health of persons not using tobacco products, and contaminating the environment.
The definition of “tobacco product consumption” contained in the law does not align with the definition of “smoking” contained in the FCTC Art. 8 Guidelines because it does not include being in possession or control of a lit tobacco product. A definition of "smoking" should be provided 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)
Workplace
The law bans smoking in "work sites" and "work zones," but fails to define either of these terms. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. 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 contained 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 Place
The law does not provide a definition of "public place." The law does not use the term "public place" in relation to smoking restrictions, but rather bans or restricts smoking in certain enumerated public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places and provide 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)
Tobacco Product
“Tobacco products” mean products that are completely or partly manufactured from the tobacco leaf and/or other parts of the tobacco plant as raw material prepared for use in the form of smoking, sucking, chewing, snorting or other methods of consumption, including with the aid of a system for heating tobacco or some other device.
The definition of "tobacco products" contained in the law aligns with the definition of “tobacco product” 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))
Public Place
The law does not provide a definition of "public transportation," despite using this term. Although a definition may not be strictly necessary because the law lists also forms of transports, undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. A definition of "public transport" should be provided 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)
Indoor or Enclosed
The law does not contain a definition of "indoor” or “enclosed." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. A definition of "indoor" or "enclosed" should be provided 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)
