Last updated: June 15, 2023
Key Terms
Second Hand Smoke (or similar term)
“Secondary tobacco smoke and aerosol (or ambient tobacco smoke and aerosol)” means tobacco smoke and aerosol contained in the atmospheric air in the areas where tobacco smoking and the use of electronic nicotine delivery systems are or were carried out, arising from the used smoking tobacco and (or) nicotine-containing products and (or) exhaled by a person smoking or using electronic nicotine delivery systems.
The definition of “secondary tobacco smoke and aerosol" contained in the law aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines. The definition in the law is also more inclusive than the FCTC definition in that it includes second hand smoke from e-cigarettes.
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” means the use of tobacco and nicotine (tobacco and nicotine-containing products) for the purpose of inhaling products arising from their decay or heating.
The definition of “smoking” contained in the law does not align with the definition of “smoking” provided in the FCTC Art. 8 Guidelines because the definition in the law does not encompass the mere act of being in possession of a lit tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.
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)
Public Place
“Public places” means places accessible to an unlimited number of persons or intended for collective use, regardless of the basis of the ownership and the right to use them, as well as the time of access to them.
The definition of “public places” contained in the law aligns with the definition of “public place” 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
“Workplace” means a place of permanent or temporary stay of employees in the course of their work, including places used by an employee during working hours.
The definition of “workplace” contained in the law generally aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. However, to more fully align, the definition in the law make clear that a place is workplace regardless of whether the work is done for compensation or on a voluntary basis.
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 common transport (automobile, railway, air, inland water, and urban electric transport) used to provide passenger transportation services.
The definition of "public transport" contained in the law aligns with the definition of “public transport” 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
“Premises” means any space having a roof and (or) bounded by one or more walls or partitions, regardless of the type of materials used for the roof, wall or partitions, and regardless of whether the structure is permanent or temporary.
The definition of “premises” contained in the law 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 products” means products completely or partly manufactured from tobacco leaf and/or other parts of the tobacco plant as raw material, made in such a manner as to be used for smoking sucking, chewing, sniffing.
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))
