Last updated: December 13, 2021
Key Terms
Second Hand Smoke (or similar term)
“Second-hand smoke” means (i) the smoke exhaled from a person smoking a tobacco product, or (ii) any side-stream smoke.
“Side stream smoke” means the smoke emitted from a tobacco product while the tobacco product smolders between puffs.
Taken together, the definitions of “second-hand smoke” and “side-stream smoke” encompass the definition of “second hand 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 “smoke.” The law prohibits or restricts smoking in certain enclosed public places, certain parts of workplaces, and certain outside places.
The failure to define “smoking” may impede enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” 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 place” means any place to which members of the public or segments thereof have access by express or implied invitation.
The definition of "public place" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition would be more in line with the FCTC-based definition if it specified that public places may be permanent or temporary.
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
“Workplace” means any place, including any public service vehicle or other means of transport in which employees, contractors, or other persons perform duties of employment or work, and includes private offices, common areas, and any other area, which they generally use during the course of their employment or work.
The definition of “workplace” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of “workplace” includes both permanent and temporary areas, and that the term encompasses work done for compensation or on a voluntary basis.
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
Control of Smoking Act: “Public service vehicle” has the same meaning as in the Road Traffic Act, and shall, for the purposes of this Act, include a private hire vehicle as defined in that Act.
Road Traffic Act: “Public service vehicle” means any vehicle which is licensed under Part XIII to (i) carry passengers or goods for reward or on own account; or (ii) ply for hire or reward or is let out for hire or reward.
The definition of “public service vehicle” contained in the law 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 law does not contain a definition of “indoor” or “enclosed.” The law prohibits or restricts smoking in certain enclosed public places and workplaces. The failure to define “enclosed” may impede enforcement of the law.
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
“Tobacco product” means any product manufactured from tobacco, and intended for use by smoking, inhalation or used as an oral or nasal snuff, but shall not include any medicine sold or supplied wholly or principally for use as an aid in giving up smoking.
The definition of “tobacco product” contained in the law aligns 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))
Private Hire Vehicle
“Private hire vehicle” means any public service vehicle used for the conveyance of passengers or goods for rental purposes.
The definition of “private hire vehicle” is relevant because such vehicles are to be considered “public service vehicles” for the purposes of the Control of Smoking Act.
