LANGUAGE
Last updated: September 17th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Defined
Definition

Secondhand smoke: “the smoke produced by the combustion of a cigarette or other tobacco product, to which is generally added the smoke exhaled by the smoker.”

Analysis

The definition of “secondhand smoke” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines.

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: “the act of holding or using a lit tobacco product, whether or not the smoke is actively inhaled or exhaled.”

Analysis

The definition of “smoking” contained in the law aligns 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)

Public Place

Term Defined
Definition

Public places: “any places accessible to the general public and any places for collective use regardless of whether they are publicly or privately owned, or the conditions of access thereto.”

Analysis

The definition of “public places” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that public places may be permanent or temporary.

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 Defined
Definition

Workplace: “any place including attached buildings and professional vehicles in the work setting used by people in the course of their work or in the context of their employment and ‘work’ is understood to refer not only to paid tasks but also to charitable or volunteer work.”

Analysis

The definition of “workplace” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that workplaces may be permanent or temporary.

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 Defined
Definition

Public transportation: “any vehicle used for the transport of members of the public, generally in exchange for payment, or to accomplish a commercial aim. This includes taxis as well.”

Analysis

The definition of “public transportation” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines, and is more specific in that it explicitly includes taxis as a form of public transport.

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 Defined
Definition

Indoor or enclosed places: “any space covered by a roof or enclosed by one or several walls or partitions, regardless of the type of material used for the roof, the wall or the partitions, and of whether it is a permanent or temporary structure.”

Analysis

The definition of “indoor or enclosed places” aligns with the definition of “indoor” 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)

Tobacco Product

Term Defined
Definition

Tobacco products: “products manufactured in whole or in part from leaf tobacco or its substitutes as raw material, intended to be smoked, sucked, chewed or sniffed.”

Analysis

The definition of “tobacco products” aligns with the definition contained in FCTC Art. 1(f).

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))

Person in Charge of a Place

Term Defined
Definition

Person in charge of a place: “the owner, manager or any other person occupying the place.”

Analysis

The definition of “person in charge of a place” is relevant because that person bears certain duties related to the enforcement of smoke free provisions.

Signs

Term Defined
Definition

Signs: “the assorted media used for signs (posters, billboards or other means of posting information).”

Analysis

The definition of “signs” is relevant because the law requires that “no smoking” signs are posted to designate smoke free areas.