Last updated: May 30, 2023
Key Terms
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law prohibits smoking in public places and certain other areas rather than, for example, "no person shall be exposed to second hand smoke in 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
Although “smoking/smoke” has a plain meaning, the FCTC Art. 8 Guidelines make it clear that the term includes being in possession or control of a lit tobacco product so that proof of active smoking is not required.
To avoid any opportunity for making a technical argument that a person was not actively inhaling or exhaling a lit tobacco product, the term “smoking or smoke” should be defined 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 are the places that serve commonly for the need of many people.
The definition in law could be interpreted more narrowly than the definition in the FCTC Art. 8 Guidelines in that it refers to places serving “many people”. In general, however, the term can be construed as generally in line with the FCTC Art. 8 Guidelines. To avoid a potentially more narrow interpretation, the definition should more closely align with 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
Workplaces are the places that are used for the purpose of working.
The definition in the law may be limiting in that it does not specifically cover voluntary work or make it clear that common and other areas used incidental to work are covered. To ensure enforcement of the smoking prohibition in all part of all indoor workplaces, 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 law prohibits smoking on “public means of transport” but this term is not defined. Failure to define this key term can undermine the application of substantive provisions of the law.
To ensure comprehensive coverage and interpretation of the law, a definition of “public transport” or similar terms 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
Indoor areas are the areas that have roof, one or more walls or surrounding partitions.
It is not entirely clear whether the term “indoor areas” requires a roof or one or more walls or partitions or whether the term requires a roof and one or more walls or partitions. To clearly align with the definition provided in the FCTC Art. 8 Guidelines, the law should use the disjunctive “or”.
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 means a product made from the whole or part of the tobacco material processed in the form of cigarette, cigar, loose tobacco fiber, water pipe tobacco and other types.
Tobacco materials are tobacco leaves in the loose form or in a pressed form, or in the fiber form and other replacement materials used for manufacturing of tobacco products.
Tobacco use means behaviors of smoking, chewing, snuffing, sniffing, sucking of tobacco products.
These related definitions, taken together, align with the definition of tobacco product provided for 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))
