LANGUAGE
Last updated: August 20th 2020

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
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 Defined
Definition

Smoking tobacco: the use of tobacco products regardless if the emitted smoke of the cigarette is inhaled actively or passively, bearing as a consequence the verified damages to the health of active and passive smokers who are exposed to tobacco.

Analysis

The definition of “smoking” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of smoking behavior that FCTC Art. 8 intends to be covered. For better clarity, the law should use the definition from 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-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

Public Place

Term Defined
Definition

Public area: the closed area which is dedicated to the stay of two or more people and includes the areas where there are performed the activities from the field of health, social issues, education, sports and recreation, cultural, artistic, catering premises, reception areas, meetings, working positions of public or private ownership, all the rooms for the meeting of people and means of public transport.

Analysis

The definition of “public area” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of indoor public places that FCTC Art. 8 intends to be covered. Note that although “public area” is limited to a place with two or more people, the definition of “working area” expands the scope of the smoke free law to places where one or more persons are working.

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

Workplace

Term Defined
Definition

Working area: any area used by one or more persons during work, regardless of whether the works is made with compensation or voluntary, and includes all areas attached or related that are usually used during the work process from time to time.

Analysis

The definition of “working area” aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. Note that although “public area” is limited to a place with two or more people, the definition of “working area” expands the scope of the smoke free law to places where one or more persons are working.

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

Public Transport

Term Defined
Definition

Means of transport: any means of public or private transportation used for transportation of citizens.

Analysis

The definition of “public transport” contained in the law does not follow the language of the FCTC definition; however, read in its entirety, the definition covers the full scope of public transport that FCTC Art. 8 intends to be covered.

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

Indoor or Enclosed

Term Defined
Definition

Closed area: any area covered by a roof or ceiling, either movable or immovable, and having two or more side walls, regardless of the material used and regardless if the structure is permanent or temporary.

Analysis

The definition of “closed area” nearly aligns with, but is narrower than, the FCTC definition of “indoor” or “enclosed.” To align with the definition provided in the FCTC Art. 8 Guidelines, the law should define “closed area” as a place having one or more side walls, rather than the two side walls.

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

Tobacco Product

Term Not Defined
Analysis

The definition of “tobacco product” contained in the law aligns 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))

Law Source, Section

Open Area

Term Defined
Definition

Open area: any area that is not closed.

Analysis

The definition of “open area” is significant because smoking is prohibited in certain open areas.

Law Source, Section

Person Responsible for the Area

Term Defined
Definition

Person responsible for the area: the manager, owner, or other responsible person for the closed, open, public area, work place or means of public transport.

Analysis

The definition of “person responsible for the area” is significant because persons responsible for the area have responsibilities for supervising smoking restrictions.

Law Source, Section