Last updated: September 11, 2023
Key Terms
Second Hand Smoke (or similar term)
Tobacco smoke: This is the smoke that is emitted by the burning tip of a cigarette or other tobacco products, generally in combination with the tobacco smoke exhaled by the smoker.
The definition of “tobacco smoke” contained in Resolution 30/2011 aligns with the definition of tobacco smoke 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
The law does not contain a definition of “smoking” or the verb to “smoke”. The failure to define this key term could impede enforcement of the provision that prohibits smoking in indoor public places, workplaces and public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” or “smoke” 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 places: Places accessible to the public, independently of who may be the owner, or of the right of access thereto.
The definition of “public place” in Resolution 30/2011 aligns with the definition of public place provided by 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
Place of work: Any place used by people during their employment or work, whether or not it is remunerated, including adjacent places such as: hallways, elevators, stairways, vestibules, cafeterias, bathrooms, lounges, dining areas and attached structures, among others.
The definition of “place of work” contained in Resolution 30/2011 aligns with the definition of workplace 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 law does not contain a definition of “public transport”. The failure to define this key term could impede enforcement of the provision that prohibits smoking on public transportation. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public transport” 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: This is any enclosed space, with or without a roof, regardless of the material used for its construction, and whether the structure is permanent or temporary.
The definition of “indoor areas” is unclear because it does not specify whether or how many walls are needed for an area to be considered “enclosed”. For example, if an area is confined by a roof, one wall and pillars, it is unclear whether this would be considered an indoor area under the law. However, the FCTC Art. 8 Guidelines definition makes clear that an area is “indoor” or “enclosed” if it covered by a roof or enclosed by one or more walls. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law 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
The law does not contain a definition of “tobacco product”. The failure to define this key term could impede enforcement of the provision that prohibits smoking or keeping lit tobacco products in public places, workplaces and public transport. The law 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))
