Tanzania

The Tobacco Act does not contain a definition of “second hand smoke.” However, a definition in the law is not strictly necessary because the law prohibits or restricts “smoking” in certain places, rather than prohibiting “exposure to second hand smoke.”

The Tobacco Act does not contain a definition of “smoking” or “smoke.” The law restricts “smoking” in certain enclosed public places and workplaces, and therefore the failure to define “smoking” may impede enforcement of these provisions of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “smoking” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

“Public place” means any enclosed area where public has admittance.

“Public building” means any enclosed building where public has admittance.

The definition of “public place” in the Tobacco Act does not align with the definition provided in the FCTC Art. 8 Guidelines. The Act provides a list of types of public places where smoking is prohibited, rather than defining “public place” broadly. Therefore, many types of public places may, intentionally or unintentionally, not be covered by the restrictions on smoking in the Act. However, the Tobacco Products Regulations contains broader definitions of “public place” and “public building” that aligns with the definition of “public place” contained in the FCTC Art. 8 Guidelines.

“Enclosed workplace'' means an enclosed building or structure in which an employee works.

The definition of “enclosed workplace” contained in the Tobacco Products Act does not align with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. The definition in the Act does not specify whether a workplace building or structure may be temporary in nature, whether workplace includes places where work is done on a voluntary basis, or whether all workplace private offices and common areas are encompassed by the definition. It is also unclear what is meant by “enclosed” as this term is not defined separately in the Act. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

The Tobacco Act does not contain a definition of “public transport.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

The Tobacco Act does not contain a definition of “indoor” or “enclosed.” The law restricts smoking in certain enclosed public places and workplaces, and therefore the failure to define “enclosed” may impede enforcement of these provisions of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

“Tobacco product” means tobacco leaves, extract of tobacco leaves cigarettes, cigars, cigarirus, handrolling tobacco and includes other smoking tobacco products such as, pipe tobacco, fine tobacco and any chewing tobacco which is manufactured whole or partly from tobacco or any substance used as a substitute of tobacco.

The definition of “tobacco product” contained in the Tobacco Products Act could be strengthened by also covering tobacco products intended for snuffing. The Act should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1(f).