Last updated: September 14, 2021

Key Terms

Second Hand Smoke (or similar term)

Term Defined
Definition

Passive tobacco use: the act of exposing others to the harmful effects of tobacco smoke.

Analysis

The definition of "passive tobacco use" in the law does not align with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines. However, a definition is not strictly necessary because the term "passive tobacco use" is not used to impose a ban on smoking in the law. Instead, the law’s smoke free measures provide that "no person shall smoke’ in enclosed public places."

FCTC-Based Definition

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

Term Not Defined
Analysis

Neither the law nor implementing decree defines "smoking" or "smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "smoking" or "smoke," this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "smoking" or "smoke" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Definition

Public places: places accessible to the general public, or places for collective use, regardless of ownership or right to access.

Analysis

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.

In addition, an implementing decree defines "closed public places” as "public places" and the definition of "enclosed or indoor" includes "all (indoor) places accessible to the public.” To better align with the FCTC Art. 8 Guidelines and lend clarity to the law, the definition of "public place" should be provided in accordance with the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Definition

Workplace: any place used by people during their employment or work. This should include not only work done for compensation but also voluntary work. In addition workplaces include not only those places at which is performed but also that associated places commonly used by the workers in the course of their employment, including for example corridors, lifts, stairways, lobbies, joints facilities, cafeterias, toilets, lounges, lunchrooms and also outbuildings such as such as sheds and huts. Vehicles used in the course of work are workplaces.

Analysis

The definition of “workplace” in the implementing decree aligns with the definition of "workplace" provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Definition

Public transport: any vehicle used for the transport of passengers, whether for remuneration or not.

Analysis

The definition of "public transport" in the implementing decree aligns with the definition of "public transport" provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Definition

Enclosed public places are understood to be all places accessible to the public covered by a roof or surrounded by one or several walls, whatever the type of material used for the roof or wall may be, whether it is a permanent or temporary structure.

Analysis

The definition of "enclosed public places" in the decree aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Definition

Tobacco product: 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.

Analysis

The definition of "tobacco product" in the law aligns with the definition of "tobacco product" provided in FCTC Art. 1(f).

FCTC-Based Definition

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))