Last updated: January 11, 2021
Key Terms
Second Hand Smoke (or similar term)
“Passive smoking” means involuntary inhalation of tobacco smoke, exhaled by smokers.
The definition of "passive smoking" aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines. However, it could further align by noting that it includes smoke from the burning end of a cigarette in combination with the smoke exhaled by smokers.
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 does not define "smoking" or "smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "smoking" or "smoke," this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of "smoking" or "smoke" 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
The law does not contain a definition of “public place.”
In order to provide protection from exposure to tobacco smoke in all indoor public places, the law or regulations should provide a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines and should prohibit smoking in all indoor public places.
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 define “workplace.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "workplace" should be provided 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
The law does not contain a definition of “public transport.” In order to provide protection from exposure to tobacco smoke in all public transportation, the law or its implementing regulations should provide 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
“Indoor space” means a space covered by a roof, or enclosed by walls or sides, regardless of whether the structure is permanent or temporary.
The definition of “indoor space” contained in the law aligns with the definition of “indoor” or “enclosed” 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 product" means products entirely or partly made of the leaf of tobacco as raw material which are manufactured to be used for smoking, snuffing and chewing.
The definition of “tobacco product” 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))
Authorized Smoking Spot
"Authorized smoking spot" means a specially designed area or a room equipped with ventilation devices designed for smoking tobacco.
The definition of “authorized smoking spot” is significant because this indicates where smoking is permitted in buildings where smoking is otherwise prohibited.
