Last updated: July 29, 2022
Key Terms
Second Hand Smoke (or similar term)
Outside tobacco smoke or environmental tobacco smoke: the smoke emitted from the burning end of a cigarette or other tobacco products, usually in combination with the smoke exhaled by the smoker (Framework Convention on Tobacco Control Guidelines, 2011).
The law does not contain a definition of “second hand smoke.” A definition in the law is not strictly necessary because the law prohibits “smoking” in certain places, rather than prohibiting “exposure to second hand smoke.” However, the Manual for Implementation of the Law on Tobacco Control contains a definition of “environmental tobacco smoke” that aligns with the definition 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
Smoking: (from Latin fumare, humear, arrojar humo.). 1. intr. To cast or dismiss smoke. (RAE, 2013).
This term should be defined to include being in possession or control of a lit tobacco product, whether the smoke is being actively inhaled or exhaled. (Framework Convention on Tobacco Control Guidelines, 2011).
The law does not contain a definition of “smoking” or “smoke.” However, the Manual for Implementation of the Law on Tobacco Control provides a definition of “smoking.” This definition 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)
Public Place
Law 19419 does not contain a definition of “public place.” However, a substantive provision of Law 19419, Art. 10(a), prohibits smoking in “a place accessible to
the public or for shared commercial use, regardless of who the owner may be or who may have the right of access to such place.” This substantive provision mirrors the definition of “public place” and, therefore, a separate definition of “public place” may not be strictly necessary. The law aligns with the intent of the FCTC Art. 8 Guidelines in this respect.
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 contain a definition of “workplace.” Failure to define key terms can impede implementation and enforcement of substantive provisions in the law, and impede efforts to meet obligations under FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should 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.” Failure to define key terms can impede implementation and enforcement of substantive provisions in the law. Specifically, the lack of definition of “public transport” could impede enforcement of the provision prohibiting smoking on “public or shared means of transport” (Law 19419, Art. 10(c)). To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide 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
Indoor or enclosed space: any space that is covered by a roof or is enclosed within one or more walls or partitions, regardless of the material used, the presence of doors or windows or whether the structure is permanent or temporary.
The definition of “indoor or enclosed space” contained in Law 19419 aligns 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 products: products prepared totally or in part using tobacco leaf as a raw material, and intended to be smoked, sucked, chewed or snuffed.
The definition of “tobacco products” 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))
