Last updated: January 30, 2023
Key Terms
Second Hand Smoke (or similar term)
The law does not provide a definition for “second hand smoke.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that “smoking is prohibited” in premises and territories, rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places.”
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
Tobacco smoke: the smoke contained in the air at the place where tobacco products are being or were smoked.
The law defines “tobacco smoke” as an object, but does not define the act of smoking. For better clarity, the law should define the act of smoking 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 current law does not define “public place.” For better clarity, the law should provide a definition for this term to ensure the prohibitions on smoking in indoor public places align with FCTC Art. 8 and 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 define “workplace” or other similar places where smoking is prohibited. For better clarity, the law should define “workplace” in accordance with FCTC Art. 8 and 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 current law does not define “public transport.” For better clarity, the law should provide a definition for this term to ensure the prohibitions on smoking in public transport align with FCTC Art. 8 and 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 current law uses the terms “in the premises” or “on the territories” as opposed to “indoor” or “enclosed.” However, the law does not define “in the premises” or “on the territories.” For better clarity, the law should provide definitions for these terms to ensure the prohibitions on smoking in indoor public places and workplaces align with FCTC Art. 8 and 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 entirely or partly made from the fermentation of tobacco (leaf) and/or makhorka, with or without added sauces and/or flavorings, intended for smoking (smoking tobacco products), sucking, chewing, snuffing (smokeless tobacco products), and/or other ways of consuming tobacco products.
The law provides a definition of “tobacco products” that aligns with the definition provided in the FCTC.
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))
