Last updated: January 23, 2020
Second Hand Smoke (or similar term)
“Passive tobacco exposure” is defined as the inhalation of tobacco smoke by non-smokers who are close to smokers in the same physical location.
The definition of “passive tobacco exposure” could be made stronger by defining it in accordance with the FCTC Art. 8 Guidelines to specify that second hand smoke is smoke that is emitted from the burning end of a cigarette or other tobacco product, in combination with smoke exhaled from the smoker.
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
“Emission” is defined as any substance or combination of substances produced by the lighting of a tobacco product.
The definition of “emission” does not align with the FCTC Art. 8 guidelines definition. The term should be defined to include being in possession or control of a lit tobacco product.
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” is defined as any enclosed space, whether covered or not, to which [the public has] access, freely upon invitation or for payment, including stores, restaurants, bars, hotels, movie theaters, nightclubs, sports arenas, laboratories, educational and healthcare institutions or any other place lodging minors.
The definition of “public place” does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines and make clear that smoking is prohibited in all indoor public places.
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.” The law prohibits or restricts smoking in places of employment and some enclosed public places, The failure to define “place of employment” 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 “workplace” in accordance with the definition provided in the FCTC Art. 8 Guidelines and make clear that smoking is prohibited in all indoor workplaces.
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 transportation” is defined as any means of transport for persons, including elevators, to which there is access for free or for payment
The definition of “public transport” aligns 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
There is no separate definition for the terms "indoor" or "enclosed." However, the law defines "enclosed public place" and within that definition defines the term "enclosed." The definition of "enclosed public place" is narrower than the definition provided by the FCTC because it encompasses any enclosed place “whether covered or not” whereas the FCTC definition encompasses places with "one or more walls." Therefore, the scope of the ban on smoking in enclosed public places is less expansive than envisioned by FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with the FCTC Art. 8 Guidelines, a definition of "enclosed" or "indoor" should be provided in accordance with 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 products” are defined as any product intended to be smoked, sniffed, sucked, inhaled or chewed as long as it is at least partially composed of tobacco.
The definition of “tobacco products” aligns with the FCTC 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))