Last updated: November 6, 2023
Key Terms
Second Hand Smoke (or similar term)
“Second-hand smoke” means containing nicotine aerosol (vapor, smoke), found in the atmospheric air of a place, in which the smoking of tobacco products is occurring or has previously occurred.
The definition of “second hand smoke” contained in the law does not align with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines because the law’s definition pertains to the smoke found in the atmosphere of a place, whereas the FCTC’s definition pertains to the smoke coming from the end of a cigarette and/or that exhaled from a smoker.
However, the differences in these definitions is not significant, in terms of implementation of the law, because the law prohibits the consumption of tobacco products in public places, rather than prohibiting 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
The law does not contain a definition of "smoking” or “smoke." The law prohibits “consumption of tobacco products” rather than “smoking”, and therefore “consumption of tobacco products” should be defined. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of “consumption of tobacco products” should be provided in accordance with the definition of “smoking” 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 law does not contain a definition of "public place.” However, the law prohibits consumption of tobacco products in public places. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
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
The law does not contain a definition of "workplace.” However, the law prohibits consumption of tobacco products in workplaces. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "workplace" should be provided in accordance with the definition supplied 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 law does not contain a definition of "public transport." However, the law prohibits consumption of tobacco products in public transport. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
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
The law does not contain a definition of "indoor” or “enclosed." However, the intent of the law is to prohibit smoking in indoor or enclosed public places. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
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” is a product prepared in whole or in part from the tobacco leaf and (or) the other parts of the tobacco plant as raw material, prepared so that it is used for smoking, including with the use of devices for the consumption of tobacco and nicotine, as well as sucking chewing, snuffing or other modes of consumption (excluding medicines registered in accordance with the law).
Tobacco products include:
-products which contain tobacco leaves and (or) the other part of the tobacco plant as raw material. Such products may be smoking products (cardboard mouthpiece cigarettes, cigars, cigarettes, cigarillos, products with heated tobacco, tobacco for a hookah, fine cut smoking tobacco, pipe tobacco) and non-smoking products (naswar, tobacco snus, snuffing tobacco, chewing tobacco);
-products which contain nicotine or its derivatives, including nicotine salts, solutions, nicotine liquids or gels with nicotine content, but which do not contain tobacco leaves and (or) the other parts of the tobacco plant. Such products may be smoking products (nicotine liquids for electronic systems of nicotine delivery, electronic cigarettes with nicotine liquid, a nicotine-containing blend for the hookah) and non-smoking products (nicotine-containing snus); and
-products which do not contain tobacco and nicotine, but are intended for consumption with devices for the consumption of tobacco and nicotine (non-nicotine containing liquids for electronic nicotine delivery systems, electronic cigarettes with non-nicotine containing liquid, nicotine-free blends for the hookah).
The definition of "tobacco product" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f) and is more inclusive than the FCTC definition in that it also covers other types of products, such as e-cigarettes and non-tobacco containing products.
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))
