Last updated: March 9, 2020
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's smoke free measures provide that “no person shall smoke” in public places, rather than, for example, “no person shall be exposed to second hand smoke in enclosed 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
“Smoking” means inhaling and exhaling the smoke of any tobacco product whether in the form of cigarette, cigar, pipe, bidi or otherwise and shall include the holding of or controlling any ignited tobacco product.
The definition of “smoking” in the law aligns 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)
The law does not contain a definition of the term “public place.” Undefined key terms can create ambiguity, subjective interpretation, loopholes in coverage and may undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “public place,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
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)
The law does not contain a definition of “workplace.” However, a definition is not technically necessary for interpretation of the law because the term “workplace” is not used.
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 all buses, taxis, aircrafts or such similar passenger transports or conveyance designated by the Road Safety and Transport Authority as public transport.
The definition of “public transport” provided in the regulations aligns with the definition of “public transport” 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 terms “indoor” or “enclosed” are not defined in the law. A definition for “indoor” or “enclosed” is not technically necessary for interpretation of the law because the law does not use the terms “indoor” or “enclosed” when describing those places that are smoke free.
However, in order to align with the FCTC Art. 8 Guidelines, requiring smoke free “indoor” public places and workplaces, 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 and tobacco product” means any raw material or any material prepared from the whole or part of the tobacco plant (Nicotania tabecum) or (Nictoinia rustica) leaf or stalk of the same, to be smoked, sniffed, sucked or chewed.
The definition of “tobacco and tobacco product” in the law aligns with the definition provided in FCTC Art. 1.
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))
“Person-in-charge” means an owner, manager, supervisor or a person responsible for the operation of the public place or public transport designated in section 3.
The definition of “person-in-charge” is relevant to the duties imposed under the law.
“Security forces” means uniformed personnel designated by the Royal Bhutan Army and the Royal Body Guard empowered to implement any Act, Rules and Regulations under the purview of RBA and RBG including imposing fines, checking vehicle, search and arrest and detention of a person in violation of laws of the land of Bhutan, under their jurisdiction.
The definition of “security forces” is relevant to the enforcement of tobacco control legislation.