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 “it is forbidden to smoke” in enclosed public places, rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places. . . .”
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)
Although this term is not defined, a definition is not strictly necessary because the law forbids a person “to smoke or to keep tobacco products lit in” enclosed places and other spaces. By adding the phrase “or to keep tobacco products lit,” the law captures the key concepts of the definition of “smoking” 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)
Places of public access: All places belonging to public entities or private property that is accessible to the general public, or places of community use, aimed at any activity, regardless of who owns it or of the right to its access.
The definition of “places of public access” contained in the Regulations aligns with the definition of “public place” contained 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)
The lack of definition for this key term could lead to difficulty in interpreting and enforcing the ban on smoking in workplaces. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “workplace” in accordance with the definition 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)
The lack of definition for this key term could lead to difficulty in interpreting and/or enforcing the ban on smoking in public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public transport” in accordance with the definition 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)
Enclosed space shall be understood to be any space covered by a roof, regardless of how high it is, enclosed on its perimeter by 30% or more of interior or exterior walls, regardless of the material used.
Enclose Space: Any space that is covered by a roof, regardless of its height, enclosed at its perimeter by 30% or more of partition or exterior walls, regardless of the type of material used, whether these constructions are temporary or permanent and regardless of the number, type or size of windows or other openings it may possess.
Both the Organic Law and the Regulations contain a definition of “enclosed space.” The definition aligns with the definition of “enclosed” in the FCTC Art. 8 Guidelines. While the law requires walls to enclose 30% or more of the space, and the definition in the Art. 8 Guidelines requires “one of more walls” (which could be 25% of the space), the concept of the law’s definition aligns with the FCTC Guidelines 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 products shall be understood as cigarettes, cigars, tobacco, chopped tobacco, hookah or water pipes, tobacco leaf extracts and other products of similar use, prepared entirely or in part by using tobacco leaves as raw material and which are designed to be smoked, inhaled, sucked, chewed or used as snuff. It also includes electronic nicotine delivery systems.
The definition of “tobacco products” contained in the Regulations aligns with the definition contained in FCTC Art. 1, and goes beyond the FCTC definition in that it also encompasses “electronic nicotine delivery systems.”
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))
Electronic Nicotine Delivery Systems: Are conceived for delivery of nicotine directly to the breathing apparatus. The term encompasses products containing tobacco derived substances but in which this is not necessary for them to work. They are battery devices that administer inhalable doses of nicotine by releasing a vaporized mixture of this substance and propylene glycol. The most popular is the one denominated ”electronic cigarette”.
The definition of “electronic nicotine delivery systems” is significant because the definition of “tobacco products” encompasses “electronic nicotine delivery systems.” The ban on smoking in public places, workplaces, and public transports includes a ban on using electronic nicotine delivery systems.