Mauritius

The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that “[n]o person shall smoke a tobacco product …” Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law.

“Smoke” means –

(a) to inhale, exhale, or be in possession or control of, an ignited or heated tobacco product or a tobacco product producing emissions for inhalation;

(b) emissions, such as an aerosol, produced by an ignited or heated tobacco product, or a tobacco product producing emissions by any means, as the context may require.

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

“Public place” means –

(a) an indoor area or a part of an indoor area which is open to the public;

(b) a public conveyance;

(c) a workplace; and

(d) such other place as specified in the First Schedule.

The definition of “public place” includes “indoor area,” which is defined as a space that may be temporary or permanent. As such, the definition of “public place” in the law aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines. To further align with the FCTC Art. 8 Guidelines, the definition should also state that a public place may be for the collective use by the general public regardless of ownership or right of access.

“Workplace” –

(a) means an indoor area where a person performs his duties of employment or work, whether for remuneration or on a voluntary basis; and

(b) includes any common area which is generally used by such a person during the course of his employment or work.

The definition of “workplace” includes “indoor area,” which is defined as a space that may be temporary or permanent. As such, the definition of “workplace” in the law aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines.

“Public conveyance” means any means of transport carrying passengers for hire or reward.

The definition of “public conveyance” in the law aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

“Indoor area”–

(a) means any space covered by roof or enclosed by one or more walls, whether temporary or permanent; and

(b) includes any area within 10 metres of a door, openable window or other opening into such a space.

The definition of “indoor area” in the law aligns with the definition of “indoor or enclosed” provided in the FCTC Art. 8 Guidelines.

“Tobacco product”–

(a) means any product composed, in whole or in part, of –

(i) tobacco, including tobacco leaves or any extract; or

(ii) any mixture containing tobacco; and

(b) includes –

(i) cigarettes, bidis, cigars, cigarillos, little cigars, smokeless tobacco, Roll-Your-Own tobacco, pipe tobacco, waterpipe tobacco, green tobacco, leaf tobacco, heated tobacco products, cigarette papers, tubes or filters; and

(ii) electronic nicotine delivery systems, electronic non-nicotine delivery systems and other products containing nicotine and devices used for their consumption that may be used, manufactured or marketed to replace or imitate tobacco products; but

(c) does not include any product authorised for marketing and sale in Mauritius as a nicotine replacement therapy.

The definition of “tobacco product” in the law aligns with the definition of “tobacco product” in FCTC Art. 1(f). The definition includes an extensive list of tobacco products and includes heated tobacco products and electronic nicotine delivery systems (e-cigarettes) and other products containing nicotine and their devices.

“Outdoor” means any space that is not an indoor area.

The definition of “outdoor” is relevant because any place which is not an indoor area, as defined in the law, is considered outdoor and the law prohibits smoking on certain outdoor premises.