LANGUAGE
Last updated: March 12th 2021

Key Terms

Second Hand Smoke (or similar term)

Term Defined
Definition

Second-hand smoke: smoke produced by the combustion of a tobacco product, to which the smoke exhaled by the smoker is usually added.

Analysis

The law’s definition of “second-hand smoke” aligns with the definition of “second hand smoke” 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, regardless of whether the smoke is or is not being actively inhaled or exhaled.

Analysis

The law’s definition of “smoking” aligns with the definition of “smoking” 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 place: any place to which the public has access for free, or in exchange for payment.

Analysis

The law’s definition of “public place” does not align with the definition provided in the FCTC Art. 8 Guidelines. It should specify that public places may be “permanent or temporary” and apply to places used by the public “regardless of ownership or right of access.” To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Work place: any place used by people in the course of their work or in the context of their employment.

‘Work’ not only refers to remunerated tasks, but also to volunteer work if it involves a type of work that is usually paid. Moreover, “work places” not only include the places where the work is performed, but also all attached places commonly used by the workers in the context of their employment, including, for example, hallways, elevators, staircases, entrance halls, shared facilities, cafeterias, bathrooms, lounges, dining rooms, as well as out buildings such as sheds or warehouses.

Vehicles used in the course of work are considered work places and should be specifically designated as such.

Particular attention should also be paid to work places that are places of residence or accommodation as well, such as prisons or institutions for the mentally ill.

These places also constitute work places for other people, who should be protected from exposure to tobacco smoke.

Analysis

The law’s definition of “work place” aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. However, the definition could be strengthened by specifying that it includes both temporary and permanent areas.

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 means of transportation for people, including elevators.

Analysis

The law’s definition of “public transportation” aligns with the main concepts provided in the definition of “public transport” in the FCTC Art. 8 Guidelines by including any vehicles used to carry people. However, the law could be strengthened by using the definition contained in the FCTC Art. 8 Guidelines to ensure comprehensive coverage and interpretation of the law.

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

“Enclosed” or “indoor” places: this includes any space covered by a roof or surrounded by one or several walls or partitions, regardless of the types of materials used to make the roof, the wall or the partitions, or whether it is a permanent or temporary structure.

Analysis

The law’s definition of “‘enclosed’ or ‘indoor’ places” aligns with the definition of “enclosed” 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 product: a product made entirely or partially from leaf tobacco as its raw material, and intended to be smoked, sucked, chewed or sniffed.

Analysis

The law’s definition aligns with the definition of “tobacco product” 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))