Last updated: September 23, 2021
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary to interpret the law 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
The law does not contain a definition of “smoking” or “smoke.” As the law restricts “smoking” in certain places, the failure to define this key term may hinder implementation and enforcement of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “smoking” or “smoke” in accordance with the definition contained 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 provide a definition of “public place.” The law does not use the term “public place” in relation to smoking restrictions, but rather restricts smoking to designated areas in certain specified types of places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places and provide a definition of “public place” 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 provide a definition of “workplace.” The law does not use the term “workplace” in relation to smoking restrictions, but rather restricts smoking to designated areas in certain specified types of places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and provide 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
The law does not contain a definition of “public transport” although the law restricts smoking on public transport. The failure to define this key term could hinder implementation and enforcement of smoking restrictions and bans. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport. Further, to clarify the scope of the ban and aid in enforcement, 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
The law does not contain a definition of “indoor” or “enclosed.” The law does not use the terms “indoor” or “enclosed” in relation to smoking restrictions, but rather restricts smoking to designated areas in certain specified types of places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places and workplaces and provide a definition of “indoor” 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 a product made entirely or partially of tobacco raw materials in such a way as to be used for smoking, sucking, chewing or sniffing, other consumption methods, packaged in consumer packaging for retail.
The definition of “tobacco product” provided in Decree No. 28 of 2002 aligns with the definition of “tobacco product” 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))
