Last updated: January 23, 2024
Key Terms
Second Hand Smoke (or similar term)
"Tobacco smoke" means products of combustion of tobacco products released into the atmosphere.
The definition of “tobacco smoke” aligns 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
“Smoking of tobacco products" means actions that lead to the combustion of tobacco products, resulting in the formation of tobacco smoke, which is released into the atmosphere and inhaled by a smoker.
The definition of “smoking of tobacco products” is narrower than the definition of “smoking” provided in the FCTC Art. 8 Guidelines because is it limited to circumstances where the tobacco product is being actively inhaled by the smoker, whereas the FCTC Guidelines definition states, “regardless of whether the smoke is being actively inhaled or exhaled.” To align with the FCTC Art. 8 Guidelines, the phrase “and is inhaled by a smoker” should be struck from the definition.
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
"Public place" means a part (parts) of any building, construction, which is open for free visits of people, for visits on invitation, or for payment, permanently, periodically or from time to time, including entrances to buildings and structures, as well as underpasses, stadiums and parking lots.
The definition of “public place” is narrower and less protective than the definition provided in the FCTC Art. 8 Guidelines because the definition pertains to part or parts of buildings, while the FCTC Art. 8 Guidelines definition includes all parts of the building.
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
“Workplace” means the space in the building or structure designated for the employee to stay during work.
The definition of “workplace” contained in the law applies to those places “designated for the employee to stay during work.” It is unclear if this includes common areas and other areas used or frequented during work, as does the definition of “workplace” contained in the FCTC.
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
The term "public transport" is not defined in the law. The failure to define this key term can undermine application and enforcement of provisions of the law regarding smoke free public transport.
A definition of “public transport” should be provided in accordance with the FCTC Art. 8 Guidelines, para. 22.
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
“Premises” means any space having a roof and bounded by two or more walls or partitions, regardless of the material of roof, walls or partitions and regardless of whether the structure is permanent or temporary.
The definition of “premises” is narrower than the definition of “indoor” provided in the FCTC Art. 8 Guidelines because it encompasses spaces with two or more walls, whereas the FCTC definition encompasses spaces with one or more walls.
A definition of "indoor" or "enclosed" should be provided 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 product” means products that can be used for consumption and include, even in part, tobacco, whether genetically modified or not.
The definition of "tobacco products" contained in the law will align with the definition of "tobacco products" contained in FCTC Art. 1.
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))
