LANGUAGE
Last updated: September 17th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Defined
Definition

Second-hand smoke: “inhalation of tobacco smoke by non-smokers who are close to smokers in the same place.”

Analysis

The definition of second hand smoke could be made stronger by defining it in accordance with the FCTC Art. 8 Guidelines to specify that second hand smoke is smoke that is emitted from the burning end of a cigarette or other tobacco product, in combination with smoke exhaled from the smoker.

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)

Law Source, Section

Smoking or Smoke

Term Not Defined
Analysis

The law does not contain a definition of “smoking” or “smoke.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of "public transport” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 17.

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 contain a definition of “public place.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of "public place" should be provided in accordance with the definition supplied by 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 contain a definition of “workplace.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of "workplace” should be provided in accordance with the definition supplied in the FCTC Art. 8 Guidelines.

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 contain a definition of “public transport.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of "public transport” should be provided in accordance with the definition supplied by 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

The law does not contain a definition of “indoor” or “enclosed.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of "indoor" or "enclosed" should be provided in accordance with the definition supplied by 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 Products: “all products intended to be smoked, sniffed, sucked or chewed as long as they are even partly composed of tobacco (cigars, cigarettes, pipe tobacco, rolling papers, and prefabricated tubs of tobacco).”

Analysis

The definition of “tobacco products” aligns 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))

Law Source, Section