Last updated: August 20, 2020
Key Terms
Smoking or Smoke
Smoking tobacco: the use of tobacco products regardless if the emitted smoke of the cigarette is inhaled actively or passively, bearing as a consequence the verified damages to the health of active and passive smokers who are exposed to tobacco.
The definition of “smoking” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of smoking behavior that FCTC Art. 8 intends to be covered. For better clarity, the law should use the definition from 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.”
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 area: the closed area which is dedicated to the stay of two or more people and includes the areas where there are performed the activities from the field of health, social issues, education, sports and recreation, cultural, artistic, catering premises, reception areas, meetings, working positions of public or private ownership, all the rooms for the meeting of people and means of public transport.
The definition of “public area” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of indoor public places that FCTC Art. 8 intends to be covered. Note that although “public area” is limited to a place with two or more people, the definition of “working area” expands the scope of the smoke free law to places where one or more persons are working.
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
Working area: any area used by one or more persons during work, regardless of whether the works is made with compensation or voluntary, and includes all areas attached or related that are usually used during the work process from time to time.
The definition of “working area” aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. Note that although “public area” is limited to a place with two or more people, the definition of “working area” expands the scope of the smoke free law to places where one or more persons are working.
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
Means of transport: any means of public or private transportation used for transportation of citizens.
The definition of “public transport” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of public transport that FCTC Art. 8 intends to be covered.
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
Closed area: any area covered by a roof or ceiling, either movable or immovable, and having two or more side walls, regardless of the material used and regardless if the structure is permanent or temporary.
The definition of “closed area” nearly aligns with, but is narrower than, the FCTC definition of “indoor” or “enclosed.” To align with the definition provided in the FCTC Art. 8 Guidelines, the law should define “closed area” as a place having one or more side walls, rather than the two side walls.
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: the tobacco products (genetically modified or unmodified) or partially of tobacco, that are used to smoke, inhale via nose, inhale, chew, or any other kind of consumption.
The definition of “tobacco product” contained in the law aligns with the definition 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))
Open Area
Open area: any area that is not closed.
The definition of “open area” is significant because smoking is prohibited in certain open areas.
Person Responsible for the Area
Person responsible for the area: the manager, owner, or other responsible person for the closed, open, public area, work place or means of public transport.
The definition of “person responsible for the area” is significant because persons responsible for the area have responsibilities for supervising smoking restrictions.
