LANGUAGE
Last updated: December 20th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that "smoking shall be prohibited" in specified places rather than, for example, "no person shall be exposed to second hand smoke" in specified 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

The law does not contain a definition of “smoking” or “smoke.”

In order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define “smoking” or “smoke.”

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 Not Defined
Analysis

The law does not contain a definition of “public place.”

In order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should include a definition of “public place.”

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 Not Defined
Analysis

The law does not contain a definition of "workplace."

In order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define “workplace.”

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 Not Defined
Analysis

The law does not contain a definition of "public transport."

In order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define “public transport.”

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 Not Defined
Analysis

The law does not contain a definition of “indoor” or “enclosed.”

In order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define “indoor” or “enclosed.”

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 products: cigarettes, snuff, marghozi including hookah [tobacco] and other tobacco products made wholly or partially from its leaves as a raw material for eating, smoking, chewing and smelling.

Analysis

The definition of “tobacco products” contained in the law aligns with the definition 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))

Law Source, Section