Last updated: July 19, 2021
Key Terms
Second Hand Smoke (or similar term)
Neither Law No. 15 nor Decision No. 24 contains 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 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: consumption of any kind of tobacco in a manner that causes it to be burned or heated or to emit smoke.
The definition of “smoking” does not align with the definition provided in the FCTC Art. 8 Guidelines. The definition does not indicate that whether the smoke is actively inhaled or exhaled is unimportant.
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.
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: place accessible to the public or to a specific group of persons for any purpose.
The definition of “public place” in the Tobacco Act does not align with the definition provided in the FCTC Art. 8 Guidelines. The definition does not state that the place may be permanent or temporary and can be accessed regardless of ownership or right of access. In stating that a public place may be accessible not to the public but to a specific group of persons (like a family), the definition may be overbroad.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Act should contain a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines, and smoking should be prohibited in all indoor public places.
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
Neither Law No. 15 nor Decision No. 24 contains a definition of “workplace.”
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.
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
Means of public transport: Buses, cabs, trains, aircraft, ships, boats and other means of mass transport.
The definition of “public transport” aligns with the definition in FCTC Art. 8 and the FCTC Art. 8 Guidelines. For greater clarity, however, the legislation should include the concept that the provision of transport is usually for reward or commercial gain.
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
Law No. 15 and Decision No. 24 provide a definition of “enclosed public space,” but not a definition of the word, “enclosed,” which could modify workplaces in addition to public places.
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.
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 wholly or partially consisting of tobacco leaves as a raw material, whether whole, course-cut or fine-cut and whether in their natural state, mixed with other materials or formed into any shape, any form of ground tobacco and any other composite material that includes tobacco as one of its constituents.
The definition of “tobacco products” does not align with the definition provided in the FCTC Art. 8 Guidelines. The definition does not state that the product is manufactured for smoking, sucking, chewing or snuffing.
The Act should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1(f).
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))
Tobacco
Tobacco: all types of tobacco plants, tobacco species and tobacco parts, including roots, stems, leaves, fruit and green or dried seeds.
The definition of “tobacco” aids in the interpretation of the term “tobacco product.”
Tobacco Consumption
Tobacco consumption: consumption of any kind of tobacco through smoking, snuffing, chewing, sucking or any other means used for the purpose of smoking or consuming tobacco.
The definition of “tobacco consumption” contains the concepts of “smoking, snuffing, chewing and sucking” omitted from the definition of tobacco product. The smoke-free provisions contained in the law unfortunately do not appear to contain the term “tobacco consumption.” These helpful concepts which also are contained in the FCTC definition of “tobacco products” accordingly are not reflected in the law.
Enclosed Public Space
Enclosed public space: public space in the form of an integrated building into which air enters only through purpose-designed openings, means of public transport also being considered equivalent to an enclosed public space.
Law No. 15 and Decision No. 24 do not define “enclosed” as a single word and also do not define “enclosed workplaces.” The legislation accordingly does not ban smoking in all indoor workplaces. The definition, “enclosed public places,” moreover fails to incorporate a number of concepts contained in the FCTC Art. 8 Guidelines such as covered by a roof or one or more walls; regardless of material used; and regardless of permanence.
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.
Adjacent Area
Adjacent area: open outside space flanked, adjoined or surrounded by places of worship, educational institutions, or sports or health facilities.
The definition of “adjacent areas” aids in the interpretation of outdoor places.
