Last updated: February 11, 2024
Key Terms
Second Hand Smoke (or similar term)
“Second-hand smoke” means the tobacco smoke exhaled by a smoker or arising from a burning or heated tobacco product.
The law contains a definition of "second-hand smoke" that aligns with the definition of the term "second hand smoke" provided in the FCTC Art. 8 Guidelines.
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
The Law on Tobacco Control does not contain a definition of "smoking" or "smoke." The law prohibits smoking in public places and other places, and, therefore, the failure to define this key term may hinder enforcement of these provisions.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "smoking" or "smoke" 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
The Law on Tobacco Control does not contain a definition of "public place." The law prohibits smoking in "public places and crowded places." Therefore, the failure to define this key term may hinder enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition provided by 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 on Tobacco Control does not contain a definition of "workplace." The law does not use the term "workplace" because it prohibits smoking in specified places. The failure to define and use this term may hinder implementation of the goals and obligations of FCTC Art. 8.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and contain a definition of "workplace" in accordance with the definition provided by 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 on Tobacco Control does not contain a definition of "public transport." The law prohibits smoking on public transport and, therefore, the failure to define this key term may hinder enforcement of this provision.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public transport" in accordance with the definition provided by 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
"Indoor” means any place with a roof, with or without a wall, whether permanent or temporary, including balconies, lifts, stairs, reception rooms, building extensions, cafeterias, toilets, recreation rooms, annexed houses, huts, and others.
The definition of "indoor" contained in the law aligns with the definition of "indoors" provided by 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 product” means products made entirely or partly from tobacco leaves and other products that contain nicotine, which is toxic and addictive.
The definition of "tobacco product” contained in the law does not align with the definition provided in FCTC Art. 1(f). The definition does not state that the product is manufactured for smoking, sucking, chewing, or snuffing. The definition could also make clear that tobacco products contain, wholly or in part, leaf tobacco as a raw material. 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))
Exposure to second-hand smoke
“Exposure to second-hand smoke” means exposure to tobacco smoke exhaled by a smoker or smoke arising from a burning or heated tobacco product.
