Last updated: January 12, 2021
Key Terms
Second Hand Smoke (or similar term)
“Second-hand smoke” means smoke formed from the burning cigarette or other tobacco products and smoke exhaled by a smoker.
The definition of “second-hand smoke” contained in the 2014 Directive aligns with the definition of “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
“Smoking” means any act of consuming cigarette, quid of tobacco, cigar, pipe, sulpha, kakkad or any types of similar products.
The definition of “smoking” in the Tobacco Product Act is narrower the definition in the FCTC Art. 8 Guidelines because it encompasses only the act of consuming the tobacco product and not the act of being in possession or control of any lit tobacco product. Therefore, a definition of “smoking” should be provided in accordance with the definition contained 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
Tobacco Product (Control and Regulation) Act - "Public place" means the places prescribed in Section 3.
Tobacco Product Control and Regulatory Directive, 2014 - “Public place” means public areas as stated in Section 3 of the [Tobacco Product (Control and Regulation)] Act. The term also includes places accessed by general public, building by government, private companies or individuals for public or group activities.
The definition of “public place” refers to Section 3 of the law, which provides a list of categories of places that are “deemed as public places” for purposes of the smoking ban. The definition is supplemented in the 2014 Directive to also include places accessed by the general public regardless of ownership. Taken together, the definitions of “public place” contained in the law and the 2014 Directive align with the definition of “public place” contained in the FCTC Art. 8 Guidelines. The definition could be improved by specifically including that the structure may be permanent or temporary.
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
“Work place” means any open or enclosed, stable or unstable room or place used by a person to work for a salary or voluntarily. Besides the working space for a staff, the term also includes adjoining spaces or paths leading to rooms, elevator, staircases, waiting room, canteen, toilets, kitchen and garage or shack, separate from the building.
The definition of “work place” contained in the 2014 Directive aligns with the definition of “workplace” 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 mode of transportation, used by general public, that run on ground, fly in the air or sail in the ocean. The term also means mode of transportation run for commercial purposes or transporting public in order to earn an income.
The definition of “public transportation” contained in the 2014 Directive 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
“Indoor or enclosed space” means any temporary or permanent structure built with any material, with a roof, one or more walls or an area enclosed with a boundary wall.
The definition of “indoor or enclosed space” contained in the 2014 Directive aligns with definition of “indoor” 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” means cigarette, quid of tobacco, cigar, pipe, sulpha and kakkad, chewing tobacco (khaini), guthkha, tobacco leaves or similar types of products prepared or manufactured for smoking or for consumption.
The definition of “tobacco product” in the law could potentially and unintentionally fail to cover a type of tobacco product not listed in the definition. For this reason, it is better to define tobacco products rather than list types of tobacco products. The law should provide a definition of “tobacco product” in line 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))
Consumption of Tobacco
“Consumption of tobacco” means any act to be used either by smoking, sucking, snuffing or consuming khaini, guthkha, tobacco or any other products to be put into mouth or to be snuffed.
The definition of “consumption of tobacco” is significant because the law prohibits smoking and consuming tobacco in listed public places. Because the definition includes “sucking” and “snuffing,” the use of chewing and other smokeless tobacco products in public places is also prohibited.
