Last updated: June 1, 2020
Key Terms
Second Hand Smoke (or similar term)
Second-hand smoke: smoke given off from the burning end of a cigarette or other tobacco-derived products, generally in combination with the smoke exhaled by the smoker.
This definition is comprehensive and aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.
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
To smoke: the act of being in possession or control of a lit tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.
This definition is comprehensive and aligns with the definition of “smoking” 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 gathering place: any open and/or enclosed place to which the general public has access and/or places of group use, whether freely, by invitation or following payment.
This definition is comprehensive in scope in that it includes any open or enclosed public place. The definition aligns with and is broader than 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 place: the site or place where a person provides his services; covers not only paid work but also voluntary work. Includes all connected or annexed places that workers customarily use in performing their jobs, among others: hallways, elevators, stairwells, entryways, adjoining facilities, bathrooms, lounges and attached facilities, such as sheds and bunkhouses. Vehicles used while performing the job are considered to be work places and must be identified specifically as such.
This definition is comprehensive and aligns with the definition of “workplace” 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: the means of transportation and mobilization, whether motorized or by animal traction, for hire, both urban and inter-urban, on land, air and water, which is used to transport people on the basis of remuneration.
This definition is comprehensive and 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 spaces: this refers to spaces with floors and a roof that are enclosed on all sides as by walls and windows.
The definition is more limiting than the FCTC Art. 8 Guidelines definition of “indoor or enclosed” because it requires a floor, a roof, and walls or windows on all sides (rather than any space covered by a roof or one or more walls).
However, the definition of “enclosed spaces” does not limit or restrict the application of Honduras’s smoke free law because the substantive ban on smoking in public places applies to open and enclosed public places and virtually all workplaces. Nonetheless, to ensure comprehensive coverage and accurate interpretation, the law could be strengthened by defining “enclosed spaces” in accordance with the FCTC Art. 8 Guidelines’ definitional elements.
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-derived products: includes products derived from tobacco prepared in whole or in part by using tobacco leaves as raw material and designed to be smoked, sucked, chewed, inhaled or consumed by any other method of administration, including electronic cigarettes.
The definition of “tobacco-derived products” aligns with and is broader than the FCTC definition in that it adds the phrase “or consumed by any other method of administration,” which would seem to cover all imaginable types of tobacco-derived products. In addition, the definition specifically includes electronic cigarettes, which are not explicitly covered in the FCTC Art. 1(f) 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))
Minimum Salary
Minimum salary: the monthly salary periodically calculated and issued by the Office of the Secretary of State at the Departments of Labor and Social Welfare based on the minimum wage table at its top prevailing scale.
The definition of “minimum salary” is relevant to penalties imposed for violations of the law.
