Last updated: July 26, 2021
Key Terms
Second Hand Smoke (or similar term)
"Second-hand smoke"' means 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.
The definition of “second hand smoke” contained in the National Tobacco Control regulations aligns with the definition of second hand smoke provided in the FCTC Art. 8 Guidelines. However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts “smoking” in listed places, 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” includes being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.
The definition of “smoking” contained in the National Tobacco Control Act 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
“Public place” means all public places listed in the Second Schedule and excludes the roads, streets, highways and all outdoor places within the 5 meter rule.
"Public areas" are any enclosed or open spaces which can be accessed by the public or which can be used collectively for public activities run by the government, the private sector or the community and the public at large.
The definitions of “public place” and "public areas" contained in the National Tobacco Control Act and National Tobacco Control Regulations align with the definition of “public place” 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
“Workplace” means any place used by one or more persons during their paid or unpaid employment or work, including all associated or attached areas commonly used in or incidental to the course of work, as well as work vehicles.
"Workplace" means an area, permanent or temporary. in which a person performs duties of employment or work, regard less of whether the work is done for compensation or on a voluntary basis, and includes -
(a) private offices, common areas and any other areas which are generally used or frequented during the course of employment or work, whether it is a room or an enclosed or open area, whether mobile or stationery ; and
(b) where workers enter for the needs of a business and all attached or associated places including vehicles used in the course of employment.
The definitions of “workplace” contained in the National Tobacco Control Act and the National Tobacco Control Regulations align 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 transport” means any vehicle used for carriage of members of the public, usually for reward or commercial gain.
The definition of “public transport” contained in the National Tobacco Control Act 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” means any space covered by a roof or one or more walls or sides, regardless of the type of material used and regardless of whether the structure is permanent or temporary.
“Indoor” means the same as enclosed.
The definition of “enclosed” contained in the National Tobacco Control Act aligns with the definition of “enclosed” provided by 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 products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing, or snuffing.
The definition of “tobacco products” contained in the National Tobacco Control Act aligns with the definition of “tobacco product” provided by 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))
Service Area
"Service area" means any area, open or enclosed, where services, such as but not limited to food or beverage service are provided.
The definition of "service area" provided in the National Tobacco Control Regulations is relevant as smoking is prohibited in these areas.