Last updated: January 31, 2025
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 require that certain persons “enforce a smoking ban.” Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law.
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 contain a definition of "smoking” or “smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. A definition of "smoking" 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." A definition is not strictly necessary because the term is not used in the law. Instead, the law's smoke free measures require that certain persons enforce a smoking ban in enumerated categories of places. However, this does not necessarily guarantee that all public places are smoke-free.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should ban smoking in “public places” and provide a definition of “public place” in accordance with the definition provided 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
The law does not contain a definition of "workplace." A definition is not strictly necessary because the term is not used in the law. Instead, the law's smoke free measures require that a smoking ban be enforced in “a room, building or establishment in which an employee performs or tends to perform his work”. However, because a definition is lacking, the law does not necessarily guarantee that all parts of all workplaces (permanent or temporary) are smokefree, including common areas, and any other area which generally is used or frequented during the course of employment or work, regardless of whether the work is done for compensation or hire.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should ban smoking in “workplaces” and provide 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
The law does not contain a definition of "public transport." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
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." A definition is not strictly necessary because the term is not used in the law. Instead, the law's smoke free measures require that certain persons enforce a smoking ban in enumerated categories of places. However, this does not necessarily guarantee that all indoor public places and workplace are smoke-free.
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 products that can be consumed and that consist, even if only in part, of tobacco, even if genetically modified.
The definition of "tobacco products" 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))
Smoking ban
"Smoking ban” means the prohibition of smoking tobacco products, consuming tobacco products other than by smoking, or consuming the vapor of electronic cigarettes or electronic cigarettes without nicotine.
The definition of “smoking ban” is significant because the law requires persons in charge of certain enumerated categories of places to enforce a “smoking ban”, which includes the use of smokeless tobacco products and e-cigarettes.
