LANGUAGE
Last updated: August 25th 2017

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not define "second hand smoke." However, a definition is of this term is not necessary to interpret the law because the law prohibits or restricts smoking in certain public places and public transport, 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

The law does not contain a definition of "smoking" or "smoke." The failure to define this key term may hinder implementation and enforcement of the law's provisions prohibiting or restricting smoking in certain public places and public transport.

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 define "public place." The failure to define this key term may hinder implementation and enforcement of the law's provision restricting smoking in public places.

A definition of "public place" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines para. 18.

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 define "workplace." While a definition is not necessary to interpret this law because the law restricts or prohibits smoking in certain enumerated places, rather than in "workplaces" as a category, the failure to use and define this key term may hinder efforts to meet the FCTC Art. 8 requirement to adopt and implement effective measures providing for protection from exposure to tobacco smoke in indoor workplaces.

A definition of "workplace" should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 20.

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 define "public transport." The failure to define this key term may hinder implementation and enforcement of the law's provision restricting smoking in public transport.

A definition of "public transport" should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 22.

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 define "indoor" or "enclosed." The failure to define this key term may hinder efforts to meet the FCTC Art. 8 requirement to adopt and implement effective measures providing for protection from exposure to tobacco smoke in indoor public places, indoor workplaces, and public transport.

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 considered to be the leaves, parts of the leaves and stalks of the plant Nicotina Tabacum, L. and Nicotina Rusticda, L., whether sold in the form of a cigarette, cheroot or cigar, or cut for pipe use or hand rolling of cigarettes.

Analysis

While the law does not contain a definition of "tobacco product," it does contain a definition of "tobacco." The law prohibits the "use of tobacco" in public places, rather than the use or smoking of tobacco products. So this definition serves as a substitute for a definition of "tobacco products." However, the definition does not align with the FCTC Art. 8 definition because it is unclear whether it was intended to cover smokeless tobacco. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "tobacco products" in accordance with the definition provided in FCTC Art. 1.

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))