Last updated: January 22, 2021
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” However, a definition is not strictly necessary because the law provides that “smoking is prohibited” in public places, rather than, for example, “no person shall be exposed to second hand 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
The law does not contain a definition of “smoking” or “smoke.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking" or "smoke," this may impair the ability to enforce the ban on smoking.
A definition of “smoking" or "smoke" should be provided in accordance 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: hospitals, health centers, schools, cinemas, theatres, public libraries, museums, governmental and non-governmental public premises, means of transportation, arrivals and departures halls at airports, closed stadiums, lecture halls and any other place deemed by the Minister as public, provided that his decision is published in the Gazette.
The definition of “public place” contained in Public Health Law No. 47 of 2008 does not align with the definition of “public place” contained in the FCTC Art. 8 Guidelines. Rather than defining “public place,” the law contains a list of categories of public places, which may intentionally or unintentionally fail to cover all types of public places covered under the FCTC Art. 8 definition.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "public place" in accordance with the definition 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)
Workplace
The law does not contain a definition of “workplace.” The lack of this key definition could hinder implementation of FCTC Art. 8 obligations to provide protection from exposure to tobacco smoking in indoor 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 contained 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
The means of transport: any mode of transport and land or air, sea, or the means of wheeled transport, which are not carried by animals.
The definition of “means of transport” 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
The law does not contain a definition of “indoor” or “enclosed.” The lack of this key definition could hinder implementation of FCTC Art. 8 obligations to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, and indoor public places.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “indoor” or “enclosed” in accordance with the definition contained 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: products which consist, in whole or in part, of the tobacco leaf as raw material and manufactured to use for smoking, sucking, chewing or snuffing.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1.
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))
