Last updated: December 8, 2020
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, a definition is not strictly necessary as the law prohibits or restricts "smoking” in certain enumerated places rather than prohibiting exposure to "second hand smoke."
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
“Smoking” shall mean the use of tobacco products and its derivatives, such as cigarettes, cigars, tobacco leaves, tobacco molasses and any product containing tobacco, whether it is in the form of cigarettes or cigars, or by using pipe or shisha, or by sniffing or chewing, or any other method.
The definition of "smoking" contained in the law 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)
Public Place
The law does not contain a definition of "public place.” The lack of this key definition could impede implementation and enforcement of provisions that prohibit or restrict smoking in public places.
To 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.
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
The law does not contain a definition of "workplace.” Instead, the law identifies several types of workplaces including companies, institutions, organizations, factories, and banks.
However, to ensure comprehensive coverage and interpretation of the law, a definition of "workplace" or similar terms should be provided in accordance with the definition 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 Transport
The law does not contain a definition of "public transport." Instead, the law identifies several types of public transport (e.g., vehicles, buses, trains, ships, boats, and aircrafts). Because the law applies to specified forms of public transport, a definition of "public transport" is not technically necessary.
However, to ensure comprehensive coverage and interpretation of the law, a definition of "public transport" or similar terms should be provided in accordance with the definition provided 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 or Enclosed
The law does not contain a definition of "indoor" or "enclosed." The law prohibits or restricts smoking in certain public places, workplaces, and outdoor places. The failure to define “indoor” or "enclosed" may impede enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "indoor" or "enclosed" in accordance with the definition provided in the FCTC Art. 8
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
The law does not contain a definition of "tobacco product."
Having no definition for this key term makes interpretation of many provisions difficult and can hamper application and implementation of the law. A definition of "tobacco product" should be provided in accordance with FCTC Art. 1(f).
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))
