Last updated: August 27, 2024
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke”. However, such a definition is not necessary to interpret the law, as the law prohibits "smoking" in public 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: Possession or domination of a burning product of tobacco, no matter whether the smoke would be voluntarily inhaled or puffed out.
The definition of "smoking" contained in Decision No. 272/2010 aligns with the definition of smoking 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
Enclosed Public Place: All places accessible to the public, or places used in a collective manner, irrespective of ownership or the right of entry. The word enclosed denotes any space that is roofed and bounded by one wall or more, or one side or more, irrespective of the kind of material used in building the roof, walls, sides and irrespective of the building being permanent or temporary.
Decision No. 272/2010 contains a definition of "enclosed public places", within which is defined "public place". This definition of "public place" aligns 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”. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain 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
Means of Transport: All means of transport designated to transport the public, i.e. buses, taxis, etc.
The definition of "means of transport" contained in Decision No. 272/2010 aligns with the definition of "public transport" contained 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 Public Place: All places accessible to the public, or places used in a collective manner, irrespective of ownership or the right of entry. The word enclosed denotes any space that is roofed and bounded by one wall or more, or one side or more, irrespective of the kind of material used in building the roof, walls, sides and irrespective of the building being permanent or temporary.
Decision No. 272/2010 contains a definition of "enclosed public places", within which is defined the word "enclosed". This definition is narrower than the definition of "enclosed" contained in the FCTC Art. 8 Guidelines. The law defines "enclosed" as having a roof and one or more walls, whereas the FCTC Guidelines definition includes any place with a roof or one or more walls.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "enclosed" in accordance with the definition 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: Products that are totally or partially composed of tobacco leaves, as a raw material and are processed for purposes of use, either by smoking, sucking, chewing, inhaling or by any other means, for human use.
The definition of “tobacco products” contained in Decision No. 272/2010 aligns with the definition contained 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))
