Last updated: March 6, 2020
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures provide that "smoking is prohibited in" specified places, rather than, for example, "no person shall be exposed to second hand smoke" in specified places.
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 e-cigarette aerosol, with or without nicotine, or tobacco smoke, and in possession of any lit product made of tobacco.
The definition of "smoking" contained in the Tobacco Control Law aligns with the definition of "smoking" 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 Tobacco Control Law does not contain a definition of "public place." The term is not used in substantive provisions of the law, but rather, the law lists places where smoking is prohibited. Although a definition is not needed to interpret the law, the lack of this key definition (and the application of the ban to the broad category of public places) may afford less protection than provided for in FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "public place" in accordance with the definition contained 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," refers to the place where workers are to be found, and in which they are directly or indirectly subject to the control of the employer.
The definition of "workplace" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of "workplace" includes common areas and is not dependent on whether 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
The law does not contain a definition of "public transportation." The lack of this key definition may hinder implementation and enforcement of substantive provisions that prohibit smoking in "public transportation." 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
"Enclosed space" refers to a space endowed with a roof and confined by walls, enclosures or other surfaces, with openings, whose overall area is less than 50% of the overall area of the external surfaces of the space.
The definition of "enclosed space" contained in the Tobacco Control Law is more restrictive than the definition of "enclosed" or "indoor" contained in the FCTC Art. 8 Guidelines. Specifically, the definition in the law renders a place "enclosed" if it is contained by a roof and walls on 50% or more of its sides, whereas the FCTC Art. 8 Guidelines definition renders a place enclosed if it has a roof or one wall. Therefore, more places would be considered "enclosed" under the FCTC Art. 8 definition, which is more protective. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "enclosed" in accordance with the definition contained 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," refers to the products manufactured, in whole or in part, using tobacco leaf, whether genetically modified or not, as a raw material, and intended to be smoked, inhaled, sniffed or chewed.
The definition of "tobacco products" contained in the law aligns 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))
