LANGUAGE
Last updated: September 23rd 2021

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “second hand smoke” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke,”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “smoking” or similar terms should be provided 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

"Public place" is not defined in the MOH Implementation Rules banning smoking in public places. The MOH Implementation Rules implement the State Council’s Regulations on Public Places Sanitation Administration. The State Council Regulations also do not define “public place” but list 28 public places, such as hotels, cinemas, stadiums, museums, shops, waiting rooms, and public transportation as public places, thereby providing a definition of sorts applicable for applying the smoking ban in the MOH Implementation Rules.

To align with the FCTC Art. 8 Guidelines, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines definition.

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 hazards of tobacco smoke exposure in the workplace are not specifically addressed by laws or regulations/rules in China.

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “workplace,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “workplace” or similar terms should be provided in accordance with

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

In 1997, six agencies jointly made the Rules on the Prohibition of Smoking in Public Transportation and Waiting Rooms in which types of public transportation are listed including train, boat, air plane, subway, light rail, bus, taxi, ferry, cable car, etc. To ensure comprehensive coverage and interpretation of the law, a definition of “public transport” or similar terms should be provided 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)

Law Source, Section
Rules on the Prohibition of Smoking in Public Transportation and Waiting Rooms (Jointly Issued by National Patriotic Health Campaign Committee, Ministry of Health, Ministry of Railway, Ministry of Transport, Ministry of Development, and Civil Aviation Administration)
Art. 3

Indoor or Enclosed

Term Not Defined
Analysis

The terms “indoor” and “enclosed” are not defined in these laws, regulations, or rules.

A definition of “indoor” or “enclosed” should be provided 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 Not Defined
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. A definition of “tobacco product” should be provided in accordance with the FCTC definition.

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))