TOBACCO CONTROL LAWS

Last updated: February 14, 2022

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts “smoking” in enclosed places, rather than prohibiting “exposure to second hand smoke.”
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
Gavel
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Analysis The law does not contain a definition of “smoking” or “smoke.” However, the law prohibits “smoking” in enclosed places. The lack of definition for this key term could impede enforcement of the restrictions on smoking in enclosed places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” or “smoke” 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)

Law Source, Section
Law No. 3 of January 16, 2003 Art. 51(1) Related Litigation

Public Place

Term Not Defined
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Analysis The law regulating smoking in public places does not contain a definition of “public place.” The law restricts smoking in “enclosed premises with the exception of private premises which are not open to users or to the public.” This provision has the effect of regulating smoking in public places. However, because the law does not use the term “public place”, a definition of “public place” is not strictly necessary.
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)

Law Source, Section
Law No. 3 of January 16, 2003 Art. 51(1) Related Litigation

Workplace

Term Not Defined
Gavel
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Analysis The law regulating smoking in public places does not contain a definition of “workplace.” The law restricts smoking in “enclosed premises with the exception of private premises which are not open to users or to the public.” This provision is interpreted as restricting smoking in workplaces. The law further requires “businesses and workplaces” to have ventilation systems. Therefore, the lack of definition for the term “workplace” may impede enforcement of the restrictions on smoking in workplaces. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” in accordance with the definition provided 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)

Law Source, Section
Law No. 3 of January 16, 2003 Arts. 51(1)-(2) Related Litigation

Public Transport

Term Not Defined
Gavel
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Analysis The law does not contain a definition of “public transport.” The law prohibits smoking in “enclosed premises with the exception of private premises which are not open to users or to the public.” This provision is interpreted to include all public transport as an “enclosed premises.” However, the lack of definition for both “public transport” and “enclosed” could lead to impairment of enforcement of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public transport” 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
Law No. 3 of January 16, 2003 Art. 51(1) Related Litigation

Indoor or Enclosed

Term Not Defined
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Analysis The law regulating smoking in public places does not contain a definition of “indoor” or “enclosed.” However, the law that regulates smoking in public places (Art. 51 of Law No. 3 of January 16, 2003) prohibits smoking in “enclosed places.” Therefore, failure to define “enclosed” could impair enforcement of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” 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)

Law Source, Section
Law No. 3 of January 16, 2003 Art. 51(1) Related Litigation

Tobacco Product

Term Not Defined
Analysis The law does not contain a definition of “tobacco product.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1.
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))

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