Last updated: January 13, 2020
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, a definition is not necessary because the law prohibits any person from exposing others to tobacco smoke.
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” means the act of holding or using a lit tobacco product, whether or not the smoke is being actively inhaled or exhaled.
The definition of "smoking" contained in the law aligns with the definition provided in 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
“Public place” means any enclosed or open places that are accessible to the general public, including workplaces, regardless of whether they are publicly or private owned, and conditions for access.
The definition of "public places" contained in the law aligns with the definition of "public place" provided in 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)
Workplace
“Work places” means public places used by people in the context of paid employment or charitable work.
The definition of "work places" contained in Law No. 2019-676 taken together with Art. 19 of the Decree, which clarifies that common areas are considered part of the workplace, aligns with the definition provided in the FCTC Art. 8 Guidelines.
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
“Public transportation” means any means of public transport for people including elevators, to which people have either free or paid access.
The definition of "public transportation" contained in the law aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
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 public places” means all places accessible to the public covered by a roof, or surrounded by one or several walls, regardless of the type of materials used for the roof or the walls, or whether a permanent or temporary structure is involved.
This definition of "enclosed public places" aligns with the definition of “enclosed” 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 Product
“Tobacco products” means products manufactured wholly or partly from tobacco leaf as their primary material, and intended to be smoked, sucked, chewed, sniffed or consumed in any manner whatsoever, such as water pipes, inhalers that may or may not contain nicotine, electronic cigarettes or any other device of its kind that one places in one’s mouth to inhale.
The definition of "tobacco product" contained in the law aligns with the definition 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))
