The law does not contain a definition of "second hand smoke." However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts smoking in certain 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)
The law does not contain a definition of "smoking" or "smoke." The lack of this key definition could impede implementation and enforcement of provisions that prohibit or restrict smoking in specified places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "smoke" or "smoking" in accordance 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 space: a space accessible to the wider public or a space for common use, regardless of ownership or rights of access. These are spaces intended for providing activities in health care, nursery, child care, education, social care, hygiene care and other similar activities, transport, public transport, trade, hospitality and tourism, sport and recreation and culture, the use of which is intended for the general public under the same conditions. In particular, the public spaces referred to in the preceding paragraph include waiting rooms, meeting rooms, cinemas, theatres, health care, educational and social institutions, hospitality premises and shops, hairdressers, barbers and beauty salons, body care, pedicure, piercing and tattooing salons and similar salons, premises of societies that are accessible to the public, sports halls, public transport vehicles, lifts, cable cars, underpasses, gangways, passageways, staircases and corridors, public toilets and other spaces where individuals could be unwillingly exposed to the smoke of tobacco products or other related products.
The definition of “public space” in the law aligns with the definition of “public place” in the FCTC Art. 8 Guidelines. The definition in the law also includes an extensive list of places that are to be considered “public places.”
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)
Work premises: any space, including business vehicles, under the control of an employer in which works or services are provided for the employer for payment or otherwise. Work premises include not only areas in which work is done, but also all related spaces used by workers during work, including e.g. hallways, elevators, stairwells, foyers, common areas, cafés, toilets, salons, canteens and extensions such as sheds and shacks.
The definition of “work premises” contained in the law 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)
The law does not contain a definition of “public transport.” 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 “public transport,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “public transport” should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 22.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Enclosed space: a space covered by a roof, with more than a half of the surface of associated walls or sides being enclosed, regardless of the material used for the roof, walls and sides, and regardless of whether the building is permanent or temporary. Windows and doors shall be regarded as a part of the enclosed surface. If the roof surface is greater than half the surface of the space delimited by associated walls, and more than half of the surface of these walls is completely enclosed, the space is regarded as enclosed public space.
The definition of “enclosed space” may be narrower than the definition of “indoor” or “enclosed” contained in the FCTC Art. 8 Guidelines because it requires that an enclosed space have a roof and “more than a half of the surface of associated wall or sides being enclosed.” The definition from the FCTC Art. 8 Guidelines specifies that the space must have a roof or be enclosed by “one or more walls or sides.”
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 products: products that can be consumed which consist, even partly, of tobacco, whether genetically modified or not.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” contained in FCTC Art. 1.
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))
Designated smoking room: an enclosed space that is physically separated from other enclosed spaces and arranged exclusively for smoking.
The definition of “designated smoking room” is significant because these rooms are permitted under the law.
Wall or side of a building: any part of a space or any surface that borders the space at its sides, regardless of the type of material used and regardless of whether this surface is permanent or temporary. Associated walls of a space shall be all walls that are located under the roof, regardless of whether they touch the roof directly or not. If the walls are located at a distance from the roof (to the left, right, front, back), the closest wall shall be regarded as the associated wall.
The definition of “wall” or “side of a building” is relevant to the definition of “enclosed space.”
Roof or ceiling: any part of a space or any surface that borders or encloses a space at the top, regardless of the type of material used and regardless of whether this surface is permanent or temporary.
The definition of “roof” or “ceiling” is relevant to the definition of “enclosed space.”