LANGUAGE
Last updated: December 17th 2018

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

Decree No. 01-285 does not contain a definition of “second hand smoke.” However, a definition in the law is not strictly necessary because the law prohibits or restricts “smoking” in certain places, rather than prohibiting “exposure to second hand smoke.”

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

Decree No. 01-285 does not contain a definition of “smoking” or “smoke.” The law prohibits or restricts smoking in certain enclosed public places, certain parts of workplaces, and certain outside places. The failure to define “smoking” 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 “smoking” 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 Not Defined
Analysis

Decree No. 01-285 does not contain a definition of “public place.” The law prohibits or restricts smoking in certain enclosed public places, certain parts of workplaces and certain outside places. The failure to define “public place” 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 “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.

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

Decree No. 01-285 does not contain a definition of “workplace.” The law prohibits or restricts smoking in certain enclosed public places, certain parts of workplaces, and certain outside places. The failure to define “workplace” 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.

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

Decree No. 01-285 does not contain a definition of “public transport.” The law prohibits or restricts smoking on public transportation. The failure to define “public transport” 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 “public transport” in accordance with the definition 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 Not Defined
Analysis

Decree No. 01-285 does not contain a definition of “indoor” or “enclosed.” The law prohibits or restricts smoking in certain enclosed public places, certain parts of workplaces, and certain outdoor places. The failure to define “enclosed” 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 “indoor” or “enclosed” in accordance with the definition 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” is understood to refer to any product containing, even if only partially, tobacco used for smoking, snuffing, chewing, or sucking.

Analysis

Article 2 of Executive Decree No. 01-285 contains a definition of “tobacco” which aligns with the FCTC. To more fully align with the FCTC, the definition could make clear that tobacco products contain, wholly or in part, leaf tobacco as a raw material as provided in the definition 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))