Last updated: July 29, 2022
Second Hand Smoke (or similar term)
Tobacco smoke: an emission released from the burning tip of a cigarette or other tobacco product, generally in combination with the exhalation of smoke.
Both the Tobacco Control Law and the Tobacco Control Regulations contain the same definition of “tobacco smoke.” This definition aligns with 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
Smoking: inhaling and exhaling or blowing out smoke, gases or vapors of tobacco products and tobacco derivatives.
The definition of “smoking” contained in the Tobacco Control Regulations is more limited than the definition of “smoking” contained in the FCTC Art. 8 Guidelines because the Regulation’s definition does not include being in control of a lit tobacco product. However, the definition of “smoke free area” ["espacio libre de humo de tabaco"] does include a prohibition on holding a lit tobacco product. In designated places, the Tobacco Control Law prohibits “smoking” and requires that the place be “free of tobacco smoke.” Therefore, when the two definitions are looked at together with the substantive provision, the law and definitions align with the intent of FCTC Art. 8 and 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: a place to which the general public has access, or places of common use, regardless of who is the owner, or who has the right of entry.
The definition of “public place” contained in the Tobacco Control Law aligns with the definition of “public place” provided by 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)
Tobacco Control Law - Work place: a place that uses one or more workers who are employees or volunteers during working hours. It includes all connected or attached premises, as well as vehicles used by workers in the performance of their job. Excepted from this are houses intended exclusively for family residence.
Tobacco Control Regulations - Work place: productive unit in an open or closed space that engages during working hours one or more workers who are employed or volunteers. Included are places connected or adjacent to the facilities, as well as vehicles that workers use in the performance of their work.
The Tobacco Control Law and Tobacco Control Regulations contain similar but not identical definitions of “work place.” The Law’s definition excludes “houses intended exclusively for family residence,” and the Regulations’ definition does not. However, the Regulations’ substantive provision (Art. 5(b)) excludes “houses intended exclusively for family residence” from the smoking ban, so the law and regulation have the same substantive effect.
The Regulations’ definition of “work place” also differs from the Law’s definition in that it includes “open” workplaces, thereby including outdoor workplaces under the smoking ban. In this regard, it is more protective than the minimum requirements of FCTC Art. 8.
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)
The law does not contain a definition of “public transport.” However, the substantive provisions in Art. 5 of the law that prohibit smoking in “vehicles or means of transport paid for by passengers” and “rail and maritime means of transportation, as well as aircraft” sufficiently set forth the types of transport covered under the ban to avoid ambiguity.
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
Enclosed place: a space covered by a roof and enclosed by two or more walls or partitions, regardless of the material used in their construction, or whether the structure is permanent or temporary.
The definition of “enclosed place” in the Tobacco Control Law does not fully align with the definition of “indoor” or “enclosed” contained in the FCTC Art. 8 Guidelines. Under the law, a place is “enclosed” if it is “covered by a roof and two or more walls,” whereas under the Guidelines, a place need only be covered by “a roof or enclosed by one or more walls.” To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” as 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 products: encompasses products prepared totally or in part using tobacco leaf as raw material, and intended to be smoked, sucked, chewed or used as snuff.
The Tobacco Control Law and Tobacco Control Regulations contain the same definition of “tobacco products.” This definition aligns with the definition of “tobacco product” 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))
Space Free of Tobacco Smoke
Tobacco Control Law - Space free of tobacco smoke: an area where for reasons of public order it is prohibited to consume or hold lit tobacco products.
Tobacco Control Regulations - Space free of tobacco smoke: an area where for reasons of public order, consuming or holding lit tobacco products and derivatives is prohibited, as is exposure to tobacco smoke.
Both the Tobacco Control Law and Tobacco Control Regulations contain a definition of “space free of tobacco smoke.” The definitions are similar; however the Regulations’ definition goes further than the Law’s definition in that it bans the consumption of not only tobacco products but also tobacco derivatives. The definition of “space free of tobacco smoke” [“espacio libre de humo de tabaco”] is significant because the Tobacco Control Law declares certain places to be “100% free from exposure to tobacco smoke.” Thus, in these places it is prohibited to consume or hold lit tobacco products or tobacco derivatives.
Public Transportation Service Stops
Public transportation service stops: spaces on public thoroughfares that are authorized by the Public Transportation Council of the Ministry of Public Works and Transportation (MOPT – Ministry of Obras Públicas y Transportes) for the entrance and exit for the use of units providing the various services of public transportation.
The definition of “public transportation service stops” is important because the Tobacco Control Law prohibits smoking at public transportation service stops.
Work lodging: temporary facilities such as tents, for collective use, that serve to accommodate workers, with due conditions of safety and health, with the exception of houses intended exclusively for family occupation.
The definition of “work lodging” contained in the Tobacco Control Regulations is significant because the substantive provisions of the Regulations (Art. 5) include “work lodging” in the ban on smoking in the workplace.