Last updated: September 17, 2019
Key Terms
Second Hand Smoke (or similar term)
The Protection of Health Act does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts “smoking” in certain 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
The Protection of Health Act does not contain a definition of “smoking”.
The law states that “it is prohibited to smoke” in certain places. Therefore, the failure to define “smoke” or “smoking” may impede implementation and enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” or “smoke” 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 Protection of Health Act does not contain a definition of “public place.” The law prohibits or restricts smoking in a list of enumerated places, rather than in “public places,” and therefore a definition of “public place” is not strictly necessary for interpretation of the law. However, the failure to define “public place,” and the failure to prohibit smoking in all indoor public places, may impede compliance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain 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 Protection of Health Act does not contain a definition of “workplace.”
The law prohibits smoking in “workplace rooms.” Therefore, the failure to define “workplace” may impede implementation and enforcement of the law.
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
The Protection of Health Act does not contain a definition of “public transport.” The law prohibits smoking in public transport. Therefore, the failure to define “public transport” may impede implementation and enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain 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
The Protection of Health Act does not contain a definition of “indoor” or “enclosed.” The law prohibits or restricts smoking “on the premises” or ‘in rooms” of enumerated places, and therefore a definition of “indoor” or “enclosed” is not strictly necessary for interpretation of the law. However, the failure to define “indoor” or “enclosed,” and the failure to prohibit smoking in all indoor or enclosed places, may impede compliance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” in accordance with the definition provided 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: any products made of tobacco, like cigarettes, cigars, cigarillos, pipe tobacco, mahorka tobacco, and other containing tobacco or its components, excluding medicinal products containing tobacco.
Smokeless tobacco products: tobacco products for sniffing (snuff), sucking, chewing or other way of introducing tobacco to the body, excluding medicinal products containing tobacco.
Article 2 of the Protection of Health Act provides definitions for “tobacco products” (which applies to smoked tobacco products) and “smokeless tobacco products.” Together, these definitions align with and are broader than the definition of “tobacco product” contained in the FCTC in that they do not require tobacco leaf as a component. Specifically, the definition of “tobacco products” in the Act includes products that contain tobacco “or its constituents.” Thus, the Act’s definition includes products such as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco).
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 Room
Smoking room: a space isolated by construction from other places and passageways, properly marked, used exclusively for smoking, equipped with mechanical air conditioning or filtering system working in such a way that smoke will not penetrate other spaces.
The definition of “smoking room” is significant because the Protection of Health Act permits smoking rooms in certain public places and workplaces.
