Last updated: September 17, 2019
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.”
However, a definition of this term is not necessary for interpretation of the law because the law prohibits the “use” of tobacco products in public places and public transportation (with exceptions) 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 inhaling or exhaling the smoke of any Tobacco Product and includes the holding of, or control over, any ignited or heated Tobacco Product or device containing an ignited or heated tobacco product producing emissions by any means.
The law’s definition of “smoking” aligns with the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product.
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 place" means any place, fixed or mobile, including any work place, to which members of the general public or segments of the general public ordinarily have access by express or implied invitation, and including any public means of transport. An enclosed public place is a partially or fully enclosed space or structure that is separated from outdoors.
The law’s definition of “public place” aligns with the definition provided in the FCTC Art. 8 Guidelines in that it addresses the concepts that public places can be permanent or temporary (fixed or mobile) and accessible to members of the public.
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 includes workplaces in its definition of “public place” but does not define “workplace.”
The lack of this key definition could impede implementation and enforcement of the restriction on tobacco use in “public places.”
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.
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 transportation" means any form or mode of transport, whether publicly or privately owned, that carries passengers for hire or reward or gratis, including but not limited to buses, trucks, taxi cabs, private chartered vehicles, motorcycles, airplanes, ships, trains, boats, canoes.
The law’s definition of “public transportation” 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
“Enclosed public place” means an enclosed public place is a partially or fully enclosed space or structure that is separated from outdoors.
The law’s definition of "enclosed public place” applies to "partially or fully enclosed space[s] or structure[s] that [are] separated from outdoors." This definition may be too ambiguous, especially given the law’s exemption for “predominantly or substantially open [outdoor] areas.”
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "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 any substance, that contains tobacco leaf, including but not limited to cigarettes, cigars, pipe, tobacco, snuff, chewing tobacco and dipping tobacco.
The law’s definition aligns with the definition of “tobacco product” in FCTC Art. 1(f). However, to more fully align, the definition could make clear that any product entirely or partly made of tobacco leaf as a raw material is a tobacco product.
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))
Use
"Use" or "using" of any Tobacco Product means and includes smoking, inhalation, chewing, sniffing, and sucking.
The law prohibits the “use” of tobacco products in public places and public transportation (with exceptions).
Educational Institutions
"Educational institutions" means any facility or institution, whether publicly or privately owned, where educational services are made available or provided to any person, including but not; limited to school, school office buildings, libraries, dormitories, auditorums [sic] cafeterias, laboratories.
The definition of “educational institutions” is significant because the law prohibits the use of tobacco products in these facilities.
Medical Services Institutions
"Medical services institutions" means any facility or institution, whether publicly or privately owned, where health or medical services are made available or provided to any person, whether provided free of charge or for a fee, including but not limited to hospitals, health centers, clinics, health posts, teaching institutions, morgues, laboratories, pharmacies, mobile health units, health tents, nursing homes and other places where health or medical services are rendered free of charge or for a fee.
The definition of “medical services institutions” is significant because the law prohibits the use of tobacco products in these facilities.
