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 “second hand smoke” or “tobacco smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “second hand smoke” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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)
Smoke: to inhale, exhale or handle an ignited or heated tobacco product or a tobacco product producing emissions by any means.
The definition of “smoke” aligns 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)
(a) means -
(i) any indoor area which is open to the public or any part of the public;
(ii) a public conveyance;
(iii) a workplace, but excludes an area demarcated for that purpose;
(b) includes a place specified in the First Schedule.
The definition aligns with and is more expansive than the definition of “public place” contained in the FCTC Art. 8 Guidelines. The definition encompasses not only the concept of “public place” as contained in the Guidelines, but also the concepts of public conveyance and workplace. The Guidelines treat these as separate terms and concepts. Functionally, the definition works within the framework of the Mauritius legislation and aligns with 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)
(a) means an indoor area where persons perform their duties of employment or work;
(b) includes any common area which is generally used by such persons during the course of their employment or work.
The definition aligns with the definition of “workplace” provided 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 conveyance: any means of transport carrying passengers for hire or reward.
The definition of “public conveyance” aligns with the definition of “public transport” contained 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 area: any space covered by a roof or enclosed by one or more walls, whether temporary or permanent.
The definition of “indoor area” aligns with the definition of "indoor" provided 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)
(a) means any cigarette, cigar, or a product composed in whole or in part of tobacco, including tobacco leaves or any extract of tobacco leaves or any mixture containing tobacco;
(b) includes pipe tobacco, green tobacco, leaf tobacco, manufactured tobacco, cigarette papers, tubes, or filters; but
(c) excludes any product prescribed by a medical practitioner as a nicotine replacement therapy.
The definition of “tobacco product” aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component, making the smoking ban applicable to such products as e-cigarettes (assuming the nicotine in the e-cigarettes on the market is extracted from tobacco leaves).
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))