Last updated: January 25, 2022
Key Terms
Second Hand Smoke (or similar term)
Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “second hand smoke” or similar term should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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
Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or "smoke," this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “smoking” or “smoke” 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
Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “public place,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “public place” should be provided 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
Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “workplace,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “workplace” should be provided 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
Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “public transport,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “public transport” should be provided 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
Indoor areas: any areas having a fixed or portable ceiling or roof (including tent, sunshade, etc.), excluding doors, windows, and entry ways, as well as any areas with all side surfaces temporarily or permanently closed off completely, and, similarly, those which have a ceiling or roof, with more than a half of their side surfaces closed off.
The Ministry of Health has clarified that "enclosed areas" will also include any businesses where ceilings or side surfaces, or both ceilings and side surfaces can be opened via certain opening mechanisms, even if the ceiling or side surfaces are periodically kept open through such opening mechanism.
The definition does not align with the definition of "indoor" or "enclosed" provided for in the FCTC Art. 8 Guidelines because it does not consider spaces without a roof. The FCTC Art. 8 Guidelines definition refers to any space covered by a roof or one or more walls. The definition element of indoor areas in Turkey’s Circular 2009/13, requiring more than half of the walls to be closed off, makes the Turkey smoke free law limiting. The definition of “indoor” or “enclosed” should be amended to be 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: products that are entirely or partly made of the tobacco leaf as raw material, manufactured to be used for smoking, sucking, chewing or inhaling through the nose. Any kind of hookah and cigarette that does not contain tobacco but imitates a tobacco product is considered a tobacco product.
The definition of "tobacco products" contained in the law incorporates the key elements provided in FCTC Art. 1(f). The definition may be improved by including "or by any other means of consumption" to the list of consumption methods.
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))
