Last updated: August 27, 2021
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” However, a definition in the law is not strictly necessary because the law prohibits or restricts “smoking” in certain 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
“Smoking” means the use of a tobacco product, herbal smoking product or novel tobacco product intended for smoking in such a way that it can be inhaled, as a result of which smoke is released, or the use of an electronic smoking device, novel tobacco product or other product (with the exception of medicinal products) with the goal of knowingly inhaling vapor or smoke containing nicotine or other chemicals through a mouthpiece.
The law’s definition of “smoking” aligns 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 building or structure” means a building or structure in which more than 50 percent of the total area is public premises.
“Public premises” mean non-residential premises accessible to the public in which visitors can stay for a short period to receive various services.
The definitions of “public building or structure” and “public premises” do not align with the definition of “public place” provided in the FCTC Art. 8 Guidelines because it excludes temporary structures and is limited to areas that are open to many persons of the general public.
To align with the FCTC Art. 8 Guidelines, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines definition.
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 does not contain a definition of “workplace.”
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 provided in the FCTC Art. 8 Guidelines and make clear that smoking is prohibited in all indoor workplaces.
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 does not contain a definition of “public transport.”
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 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
The law does not contain a definition of “indoor” or “enclosed.” The failure to define “enclosed” may impede enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” 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)
Tobacco Product
"Tobacco product" means a product that can be consumed and consists, even partly, of tobacco, whether genetically modified or not.
The definition of “tobacco product” contained in the law aligns with the definition provided in FCTC Art. 1(f) by covering any product made entirely or partly of tobacco.
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))
Premises Specially Designated for Smoking
“Premises specially designated for smoking” means separate premises specially intended for smoking, which in the building’s technical inventory plan is indicated as an area effectively partitioned off and is equipped with exhaust ventilation, so that vapor or smoke caused by smoking does not flow into other areas. This area shall have an appropriate informative notice or symbol. No basic services of the establishment, economic operator or any other legal person or self- employed person shall be provided therein.
The definition of “premises specially designated for smoking” is significant because it clarifies the scope of where smoking/tobacco consumption is prohibited.
Area Specially Designated for Smoking
“Area specially designated for smoking” means a territory outside of any buildings and out in the open that has an appropriate informative notice or symbol and is equipped so as to comply with fire safety requirements.
The definition of “area specially designated for smoking” is significant because it clarifies the scope of where smoking/tobacco consumption is prohibited.
